Marijuana Petitions Ballot Proposals

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Municipal attorney Leslie Abdoo is speaking at the annual Michigan Municipal League Convention on September 24, 2021 at Devos Place in Grand Rapids. She will be speaking with attorney Nick Curcio on "recreational marihuana ballot proposals".

Municipalities have been receiving initiatory petitions for both ordinances and charter amendments for recreational and medical marihuana. The Michigan Regulation and Taxation of Marihuana Act (MRTMA) provides, “Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality.” The medical marihuana statute, MMFLA, does not provide for an initiatory process. As a result, citizen groups are submitting petitions for charter amendments.

This session will cover both ordinance and charter amendment petitions for recreational and medical marihuana. These questions will also be addressed: What happens if a proposed ordinance goes beyond the statutory parameters? How does the statute relate to a city charter, which may have its own petition requirements? What role do municipalities play in ensuring that the various legal requirements for ordinances and charter amendments have been followed?