DeRuiter v. Township of Byron
DeRuiter v. Township of Byron (Supreme Court of Michigan, April 27, 2020): Michigan’s highest court held that the state medical marijuana law did not preempt a local zoning ordinance that restricted where marijuana could be cultivated. State law requires that caregivers and patients authorized to cultivate marijuana must do so in a locked, enclosed building but otherwise does not designate locations where cultivation is permissible or prohibited. The Township’s zoning ordinance requires that caregivers or patients obtain a permit and pay a fee to grow marijuana and limits cultivation to within a dwelling or garage in a residentially zoned area within the Township. An authorized caregiver leased a locked, enclosed building on commercial property to grow marijuana without a permit and challenged the local restrictions as preempted by state law. The court found that the local law did not directly conflict with state law. Read the decision here.