Michigan Regulation and Taxation of Marihuana Act (MRTMA) — Local Opt-Out & Establishment Siting (MI)
Tracked preemption from the Michigan overlay bundle.
Overview
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Effective
2018-12-06
Sunset
—
Authority
state
Scope
state:MI
Other Michigan preemptions
Michigan Recodified Tax Increment Financing Act — 2018 PA 57Detroit Transit-Oriented Corridor — People Mover + QLINEDetroit Land Bank Authority — Tax-Foreclosed Property Disposition & Blight ProgramsMichigan Zoning Enabling Act (MZEA) — Unified Zoning AuthorityMichigan MCL 125.3207 — Moratoria Duration & Renewal LimitsMichigan Renaissance Zone Act — 1996 PA 376Michigan Brownfield Redevelopment Financing Act — 1996 PA 381Michigan Inland Lakes and Streams Act — NREPA Part 301
Trigger predicate
When this evaluates true for a parcel, the law's preempted fields take precedence over base zoning.
project.use_type == marihuana_establishmentPreempted fields
4 fields on the base district schema are rewritten when the trigger fires.
| Field | Op | Value | Note |
|---|---|---|---|
base_districts[*].allowed_uses | restrict | marihuana_establishment_requires_municipal_opt_in_and_CRA_license | MCL 333.27956 — a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries. If a municipality opts out (or has never opted in), recreational marihuana grower / processor / safety compliance facility / retailer / microbusiness / secure transporter / Class A microbusiness uses are not permitted regardless of underlying zoning. |
review_type | require | CRA_state_license_plus_municipal_license_if_required | All marihuana establishments require a state operating license from the Cannabis Regulatory Agency (CRA, formerly MRA, renamed by Executive Reorganization Order 2022-1). Municipalities that opt in may impose 'not unreasonably impracticable' standards on signage, hours, production methods, sales locations, and may charge an annual municipal licensing fee up to $5,000. |
transport_through_municipality | prohibit | municipal_ban_on_marihuana_transportation | MCL 333.27956 — even an opted-out municipality may NOT prohibit transportation of marihuana through its boundaries by a licensed secure transporter. |
petition_initiated_ordinance | add | voter_petition_5pct_to_initiate_marihuana_ordinance | Voters may petition (5% of last gubernatorial-election turnout) to initiate an ordinance authorizing, limiting, or prohibiting the number of marihuana establishments — placing the question on the ballot if the governing body does not adopt the petitioned ordinance. |
Citation
Authority source
Michigan Regulation and Taxation of Marihuana Act, 2018 Initiated Law 1 — MCL 333.27951 et seq.; local-control section MCL 333.27956; medical companion act = Medical Marihuana Facilities Licensing Act (MMFLA), 2016 PA 281, MCL 333.27101 et seq.
Research notes
Adopted by voters November 2018 (Proposal 1). Default opt-out posture: a municipality that takes no action does NOT permit recreational marihuana establishments — affirmative ordinance is required to opt in. The Medical Marihuana Facilities Licensing Act (MMFLA, 2016 PA 281) uses the parallel opt-in framework for medical-only operations. As of 2026-05-18, more than 1,400 of Michigan's 1,773 municipalities have opted out of recreational. Federal conflict check enabled because marihuana remains a Schedule I controlled substance under federal law (CSA, 21 USC §812).