Local Zoning Restrictions NOT preempted by Michigan’s Medical Marijuana Act (MMMA)

January 26, 2021

In an unpublished opinion, we affirmed the trial court’s September 2017 order determining that plaintiff’s, the Charter Township of Ypsilanti, zoning ordinance directly conflicted with the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., and thus was preempted by the MMMA.

Ypsilanti Charter Twp v Pontius, unpublished per curiam opinion of the Court of Appeals, issued October 30, 2018 (Docket No. 340487). In so holding, we concluded that we were bound by this Court’s earlier published decision in DeRuiter v Byron Twp, 325 Mich App 275; 926 NW2d 268 (2018). Ypsilanti Charter Twp, unpub op at 5. Thereafter, the Michigan Supreme Court reversed this Court’s decision in DeRuiter. DeRuiter v Byron Twp, 505 Mich 130; 949 NW2d 91 (2020). And, subsequently, the Supreme Court vacated our judgment and remanded for reconsideration in light of DeRuiter. Charter Twp of Ypsilanti v Pontius, ___ Mich ___ ; 948 NW2d 552 (2020). We now reverse the trial court’s order and remand for further proceedings consistent with this opinion.


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