Michigan Statewide Rule
Michigan Lets Cities Ban or Cap Cannabis Dispensaries
Key Facts
- Statute
- MCL 333.27956(1)
- Local power
- Full ban or numeric cap
- State regulator
- Cannabis Regulatory Agency
- Cap method
- Competitive application process
- Cannot restrict
- Transport through municipality
Summary
Under MCL 333.27956(1) of the Michigan Regulation and Taxation of Marihuana Act, any Michigan city, village, or township may completely prohibit marihuana establishments or cap how many operate within its boundaries, while the state issues the actual licenses.
Except as provided in section 4, a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries.
Full Breakdown
The MRTMA legalizes adult-use cannabis statewide, but MCL 333.27956 hands zoning control to local governments. A municipality may bar dispensaries entirely by ordinance, or set a fixed number of retail licenses it will allow. When it caps the count, it must choose among competing applicants through a competitive selection process. Municipalities can also regulate the time, place, and manner of operation, but cannot block marihuana being transported through the community. The Cannabis Regulatory Agency issues the state license only after the local jurisdiction opts in.
Violations & Penalties
Operating a marihuana establishment in an opted-out municipality, or exceeding the local license cap, means no valid state license; the Cannabis Regulatory Agency can deny, suspend, or revoke licensure and pursue enforcement.
Frequently Asked Questions
Can a Michigan town completely ban cannabis dispensaries?
How does a city limit how many dispensaries open?
Can a municipality stop cannabis from passing through?
Sources
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