Northern Lakes Economic Alliance • info@northernlakes.net • www.northernlakes.net
What We Know, What We Don’t Know
Janet Koch, Community Development
Unless you’ve gone radio silence and have avoided talking to another human since November 6, you know that Michigan voters have approved the use of recreational marijuana. This puts Michigan alongside 9 other states and the District of Columbia who’ve passed laws legalizing marijuana in some form, but every state’s rules and regulations are different. Here in Michigan, the regulations are still being written, but here’s what we know that pertains to zoning and employers:
- The Michigan Regulation and Taxation of Marihuana Act will go into effect 10 days after election certification, which typically takes about three weeks.
- The current regulations for medical marijuana will stay in place and will exist alongside the recreational marijuana regulations. Because, clearly, life wasn’t complicated enough.
- Employers will maintain wide discretion to prohibit marijuana use.
- “A municipality may completely prohibit or limit the number of marihuana establishments within its boundaries.” See Section 6 on page 3.
- Section 16 on page 8 requires that the State of Michigan Licensing and Regulatory Affairs (aka LARA) start processing applications for licenses for commercial marijuana production and distribution within one year of the act’s effective date.
- All municipalities are considered to have “opted in” – or that they allow all aspects of growing, selling, transporting within the new law unless they pass an ordinance to opt out. They may also pass an ordinance limiting certain aspects of signage, growing, sales, fines, etc. but the ordinance cannot be “unreasonably impracticable.”
Here’s what we don’t know:
- What is considered to be “unreasonably impracticable” regulation under the new Act.
- Any particulars on the regulations regarding recreational marijuana.
- How, exactly, a municipality should go about prohibiting—or allowing—commercial marijuana establishments.
While we’re waiting for the regulations to be finalized, there is a training opportunity you might want to consider. In January, MSU Extension is offering an interactive online version of their renowned Citizen Planner course. At $275 per person, it’s slightly less expensive than the classroom version and gets you out of having to drive on snowy January roads. Since it’s interactive, there are specific dates and all class times are from 1:30 to 4:30 p.m.
To help reduce costs, talk to your municipality’s administration officials; many community liability insurance providers offer at least partial reimbursement for a completed Citizen Planner class.
Though the Citizen Planner course doesn’t focus on marijuana, it does provide a solid foundation for understanding the legal framework, concepts, and best practices for planning and zoning. These principles will help to inform many local decisions that Michigan communities will soon be making regarding recreational marijuana. Contact Janet Koch, Community Development Specialist at NLEA (231-582-6482, janet@northernlakes.net) if you’d like to hear a first-hand account of Citizen Planner!
