Marijuana » Marijuana News

Michigan Supreme Court says state's medical marijuana law doesn’t overrule local zoning ordinances


The Michigan Supreme Court. - SHUTTERSTOCK
  • Shutterstock
  • The Michigan Supreme Court.

The Michigan Supreme Court said on Monday that the state's medical marijuana law does not overrule local zoning ordinances, breaking from previous Court of Appeals cases.

DeRuiter v. Township of Byron concerned a Kent County municipality that prohibited registered caregivers from growing marijuana at a commercial property. The Michigan appeals court said the ordinance conflicted with the medical marijuana law, which allows cultivation in an "enclosed, locked facility."

But in a unanimous opinion, the Supreme Court said the Michigan Medical Marihuana Act law doesn't conflict with the Michigan Zoning Enabling Act, and that municipalities have the authority to limit where caregivers can grow medical marijuana plants.

As a result, existing caregivers may be forced to shut down their operations if they violate local zoning ordinances. The court also said that Byron Township can require caregivers to pay a fee before using a building to grow medical marijuana.

It's a new era for marijuana in Michigan. Sign up for our weekly weed newsletter, delivered every Tuesday at 4:20 p.m.

We welcome readers to submit letters regarding articles and content in Detroit Metro Times. Letters should be a minimum of 150 words, refer to content that has appeared on Detroit Metro Times, and must include the writer's full name, address, and phone number for verification purposes. No attachments will be considered. Writers of letters selected for publication will be notified via email. Letters may be edited and shortened for space.

Email us at

Support Local Journalism.
Join the Detroit Metro Times Press Club

Local journalism is information. Information is power. And we believe everyone deserves access to accurate independent coverage of their community and state. Our readers helped us continue this coverage in 2020, and we are so grateful for the support.

Help us keep this coverage going in 2021. Whether it's a one-time acknowledgement of this article or an ongoing membership pledge, your support goes to local-based reporting from our small but mighty team.

Join the Metro Times Press Club for as little as $5 a month.