January 8, 2019
Since the passage of Proposition 1, officially known as the Michigan Regulation and Taxation of Marihuana Act, which legalized the sale, possession, consumption and cultivation of marijuana for adults 21 and up last November, members of Michigan NORML have encountered a new challenge: municipal opt-out. Similar to other states that have legalized adult-use marijuana like Colorado, California and Oregon, it’s up to municipal governments in Michigan to decide if legal marijuana businesses can operate within their communities.
To date, more than 80 municipalities in Michigan have imposed moratoriums or outright bans on the sale of adult-use marijuana. In some cases, like with the city of Troy where residents opposed Proposition 1, it’s due to a lack of support for legal marijuana. In other cities, municipal governments are simply waiting until they have a better understanding of how the new law will be implemented by state lawmakers before exploring rules and regulations for local licensing.
“I’m confident that many municipalities will opt-in after the State promulgates administrative rules and sample ordinance amendments are made available to municipal attorneys,” said Brad Forrester, Board Member of Michigan NORML. “Some of the municipal officials I’ve spoken with have expressed an interest, but they don’t really understand exactly how the process works and they said they’re awaiting guidance from State officials.”
Considering many who supported Proposition 1 believed passage of the new law was going to eliminate underground marijuana sales by providing access to a legal and regulated alternative, the decision by municipal governments to opt-out of the sale of adult-use marijuana appears to undermine the intent of the initiative and expectation of voters. We’re at a tipping point in America with regard to public support for ending marijuana prohibition, but there’s still plenty of work to do, especially at the local level.
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