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

Market News and Data brought to you by Benzinga APIs
Posted In: CannabisGovernmentNewsRegulationsLegalMarketsmarijuanamichiganMichigan Marijuana
Benzinga simplifies the market for smarter investing

Trade confidently with insights and alerts from analyst ratings, free reports and breaking news that affects the stocks you care about.

Join Now: Free!

The Benzinga Cannabis Capital Conference is coming to Florida

The Benzinga Cannabis Capital Conference is returning to Florida, in a new venue in Hollywood, on April 16 and 17, 2024. The two-day event at The Diplomat Beach Resort will be a chance for entrepreneurs, both large and small, to network, learn and grow. Renowned for its trendsetting abilities and influence on the future of cannabis, mark your calendars – this conference is the go-to event of the year for the cannabis world.

Get your tickets now on bzcannabis.com – Prices will increase very soon!