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Michigan Supreme Court Holds That Local Zoning Ordinance Does Not Conflict With the Michigan Medical Marihuana Act (MMMA)

Published: August 03, 2020

DeRuiter v. Township of Byron. Byron Township adopted zoning provisions which regulated the location of medical marihuana caregiver operations. The Plaintiff, a qualified patient and caregiver under the MMMA, challenged the Ordinance claiming that the MMMA preempted local zoning regulations. The trial court ruled for Plaintiff, and the Court of Appeals affirmed. The Michigan Supreme Court reversed the decision, determined that there was no conflict between the zoning provisions and the MMMA, and held that municipalities retain their inherent authority to regulate local land uses. You may download the Supreme Court’s opinion here as well a recent article from the Government Law Section of the State Bar of Michigan here.


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