fbpx

QQQ
+ 2.31
364.32
+ 0.63%
BTC/USD
+ 826.74
62355.07
+ 1.34%
DIA
+ 3.70
345.43
+ 1.06%
SPY
+ 3.26
439.24
+ 0.74%
TLT
-0.85
146.73
-0.58%
GLD
-2.66
170.66
-1.58%

Michigan Supreme Court Says Municipalities Can Regulate Caregiver Growth Of Medical Marijuana

April 30, 2020 4:40 pm
Share to Linkedin Share to Twitter Share to Facebook Share to Print License More
Michigan Supreme Court Says Municipalities Can Regulate Caregiver Growth Of Medical Marijuana

In early April, the state of Michigan moved quicker than expected to cut off caregiver sales to the adult-use cannabis market. This week, the informal cultivators faced another loss in court. 

The Michigan Supreme Court unanimously decided Monday that municipalities can regulate and restrict where caregivers grow their cannabis for medical consumption. Previously, the Michigan Court of Appeals had ruled that the Medical Marijuana Act trumped, rather than complemented, local zoning restrictions.

The court case, DeRuiter v. Byron Township, was specifically a win for the Kent County municipality, which had previously passed a zoning ordinance restricting home growing operations to homes and attached garages. Resident Christie DeRuiter started to grow at a warehouse facility in a commercial zone and the township ordered her to stop.

“This could be the start of the narrowing of caregiving activities and this is what a lot of people kind of feared,” attorney Barton Morris, founder of Cannabis Legal Group, told Wood TV 8 on Tuesday.

“It’s going to lead to a lot of cities coming out with new ordinances that are restricting caregiving activities.”

The restrictions permitted by the Supreme Court have restrictions of their own.

“We therefore hold that the (state law) does not nullify a municipality’s inherent authority to regulate land use under the Michigan Zoning Enabling Act so long as the municipality does not prohibit or penalize all medical marijuana cultivation, like the city of Wyoming’s zoning ordinance did … and so long as the municipality does not impose regulations that are ‘unreasonable and inconsistent with regulations established by state law,’” the court wrote.

Related Links:

How Are Michigan Pot Businesses Doing During COVID-19? It Depends On Who You Ask

A Complete List Of NYSE And NASDAQ-Listed Cannabis Companies

For the latest in financial news, exclusive stories, memes follow Benzinga on Twitter, Facebook & Instagram. For the best interviews, stock market talk & videos, subscribe to Benzinga Podcasts and our YouTube channel.


Related Articles

Michigan Marijuana Sales Still Booming As Happi And Roach Cannabis Products Become Available

Michigan Marijuana Sales Still Booming As Happi And Roach Cannabis Products Become Available

With Michigan's September cannabis sales improving 52.5% year-over-year, it's no wonder that new marijuana products are making their debut on the burgeoning market. read more
Forget The Munchies: How Marijuana Can Be An Appetite Suppressant

Forget The Munchies: How Marijuana Can Be An Appetite Suppressant

By The Fresh Toast's Brendan Bures, provided exclusively to Benzinga Cannabis.  read more
New Jersey Announces 14 New Medical Marijuana Licenses After Long Delay

New Jersey Announces 14 New Medical Marijuana Licenses After Long Delay

New Jersey has licensed 14 new cannabis businesses, exceeding the number expected in the state's long-awaited expansion of its medical cannabis program. read more
Simplifya Compliance Solutions For Cannabis Businesses Now Available In West Virginia

Simplifya Compliance Solutions For Cannabis Businesses Now Available In West Virginia

Simplifya, a software firm helping cannabis businesses become legally compliant, announced Thursday its suite of essential compliance solutions for cannabis businesses is now available in West Virginia, bringing the reach of the company's footprint to 23 states. read more