In the November 2018 election, Michigan voters approved Initiated Law 1 of 2018, known as the Michigan Regulation and Taxation of Marihuana* Act, which makes the use of marijuana legal under state and local law for adults 21 years of age or older. The Act also allows for the commercial production and distribution of marijuana under a state licensing system.

Importantly, the Act allows a municipality to completely prohibit or limit the number of "recreational" marijuana establishments within its boundaries through the adoption of an ordinance. If a municipality has not prohibited marijuana establishments when a marijuana business applies for a state license, then the state can authorize the business to operate in that municipality.

The Michigan Marijuana Regulatory Agency ("MRA") recently issued emergency rules for the licensing of marijuana establishments (available online here). The MRA anticipates that it will begin issuing licenses to marijuana establishments - including growers, processors, retailers, microbusinesses, secure transporters, and safety compliance facilities - by November 1, 2019.

This means that if a municipality does not wish to allow marijuana establishments in its jurisdiction, it should adopt an ordinance prior to November 1, 2019, to ensure that the state does not issue a license for a business in that municipality.

*Marijuana is typically spelled with a "J" when mentioned in this article but is spelled with an "H" when referring to the title of the statute.