Licensed cannabis cultivation in Allegan County is legal for medical and adult use, but only if the municipality allows these businesses. The Medical Marihuana Facilities Licensing Act (MMFLA) or Act 281 of 2016 of the State of Michigan allows the setting up of medical cannabis businesses only in municipalities that have passed an ordinance allowing these. The Michigan Regulation and Taxation of Marihuana Act/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2018) (MRTMA) or the State of Michigan’s Initiated Law 1 of 2018 allows municipalities to enact an ordinance to ban or limit/mileg.aspx?page=getObject&objectName=mcl-333-27956) the number of adult-use cannabis businesses in their jurisdictions.
In Allegan County, only Saugatuck Township opted into having medical cannabis cultivation businesses. Meanwhile, the City of Allegan and Saugatuck Township opted to have adult-use cannabis cultivation businesses. However, only the City of Allegan opted into having adult-use cannabis microbusinesses that include cultivation.
Throughout the state, medical and adult-use cannabis licensing and regulations are under the purview of the Department of Licensing and Regulatory Affairs (LARA) Cannabis Regulatory Agency (CRA), which issued the marijuana licensing rules. To start doing business, a cannabis cultivation company must apply to Lara online or on paper for the medical facility license or adult-use establishment license.
The medical cannabis cultivation facility licenses are the following:
In lieu of the yearly license fee, each licensee is charged a regulatory assessment fee of not more than $10,000.
The adult-use cannabis cultivation facility licenses are the following:
LARA also issues the following adult-use cannabis microbusiness licenses:
All medical and adult-use cannabis cultivation and microbusiness licenses have a non-refundable application fee of $3,000.
LARA’s marijuana licensing rules restrict the establishment of medical and adult-use cannabis facilities to zoning districts identified by the municipality for such use. An adult-use cannabis facility must be separated from a school up to Grade 12 by more than 1,000 feet.
Licensed medical and adult-use cannabis cultivators may grow cannabis crops outdoors or indoors, but the entire property must be fenced-in and secured with a locked gate. All cannabis cultivation activities must be hidden from the public and unauthorized persons must be barred from entry.
Section 333.27955/mileg.aspx?page=getObject&objectName=mcl-333-27955) of the MRTMA allows the home cultivation of cannabis by individuals who are 21 years old and older, but only in municipalities that allow it. Even if several qualified adults live in the same home, the maximum number of cannabis plants that can be cultivated is 12. The growing area must also be hidden from the public and secured under lock.
Licensed medical and adult-use cannabis product manufacturing in Allegan County is legal, but only in the municipalities that have opted into them, as stipulated by the MMFLA and MRTMA of the State of Michigan.
In Allegan County, no municipality opted into having medical cannabis processing businesses. For adult-use cannabis, only the City of Allegan opted into having processing businesses and micro-businesses that include processing.
To operate, a cannabis manufacturing company must apply to Lara for the medical cannabis processor license or the adult-use cannabis processor license. Holders of the adult-use cannabis microbusiness license and the Class A adult-use cannabis microbusiness license are also allowed to manufacture adult-use cannabis products. All processor licenses have an application fee of $3,000. The yearly license fee for the adult-use cannabis processor license is $24,000. All requirements and rules for the processor license on the facility site, public visibility, and security are the same as those for the cultivator license.
Licensed medical and adult-use cannabis retail in Allegan County is legal but, in accordance with the State of Michigan’s MMFLA and MRTMA, these are only allowed if the municipality opts into them.
In Allegan County, only Saugatuck Township opted into having medical cannabis retail businesses. With regard to adult-use cannabis, the City of Allegan and Saugatuck Township opted to have retail businesses. However, only the City of Allegan opted into having adult-use cannabis micro-businesses that include retail.
To sell medical cannabis and medical cannabis products to medical cannabis cardholders, the LARA medical cannabis provisioning center license is required. To sell adult-use cannabis and adult-use cannabis products to individuals who are 21 years old and above, the LARA adult-use cannabis retailer license is mandatory. Holders of the adult-use cannabis microbusiness license and the Class A adult-use cannabis microbusiness license are also allowed to sell adult-use cannabis and adult-use cannabis products to individuals who are 21 years old and above by retail.
All these licenses have an application fee of $3,000. The yearly license fee for the adult-use cannabis retailer license is $15,000. All cannabis retail licensees must follow the same requirements and regulations on location, public visibility, and security that apply to licensed cannabis cultivators and processors.
The licensed medical cannabis provisioning center is mandated to validate the medical cannabis card of a patient or caregiver on the online Michigan Medical Marijuana Program (MMMP) registry prior to every sale. The licensed adult-use cannabis retailer is required to check the valid government-issued photo ID of every consumer to verify their age and identity before each sale.
Licensed medical cannabis provisioning centers and adult-use cannabis retailers are allowed to sell raw cannabis and cannabis products in the form of concentrates, tinctures, edible goods, beverages, and topical formulations, among others. All types of cannabis packaging must be opaque, sealed, and not appealing to children. Packages of multiple servings are required to be resealable.
Both the Michigan Medical Marijuana Act/documents/mcl/pdf/mcl-Initiated-Law-1-of-2008.pdf) (MMMA) and the MRTMA have capped the purchase limit of medical cannabis cardholders and age-qualified consumers at 2.5 ounces of cannabis or its equivalent in cannabis products per transaction. The MMMA Section 333.26424/mileg.aspx?page=GetObject&objectname=mcl-333-26424) defines the equivalents of an ounce of cannabis as any of the following:
Licensed medical and adult-use cannabis delivery to qualified purchasers in Allegan County is legal under the MMFLA and MRTMA of the State of Michigan, but only if the municipality allows licensed medical cannabis provisioning centers or licensed adult-use cannabis retailers.
Deliveries of medical cannabis and medical cannabis products are only allowed to the registered homes of medical cannabis cardholders. Deliveries of adult-use cannabis and its products may be made to the residence of age-qualified consumers or to a licensed consumption center they prefer. No deliveries are allowed outside the business hours of licensed provisioning centers or retailers.
Allegan County residents can get a medical cannabis card if a state-licensed physician diagnoses them with any of the following qualifying conditions:
The certification for the diagnosis will be uploaded to the MMMP registry by the physician. The online application must then be continued by the patient. Alternatively, the physician may give the patient the written certification for the patient to upload during the application.
Patients below 18 years old must be registered by mail by a parent or legal guardian. There is a minor patient packet for their use. An adult patient who is incapacitated mentally or physically must be registered by mail by a caregiver. There is also an adult patient packet for such purposes. The postal application must be sent to:
Michigan Medical Marijuana Program
P.O. Box 30083
Lansing, MI 48909
If an adult patient who is not incapacitated designates a caregiver, the caregiver must wait for the patient’s medical cannabis card to arrive before mailing the caregiver form to the same address.
The following may be contacted for more information:
Department of Licensing and Regulatory Affairs
Cannabis Regulatory Agency
Phone: 517-284-8599
E-mail: CRA-MMMPINFO@michigan.gov
Municipalities of Allegan County that have opted into allowing a medical or adult-use cannabis business within their territories are allowed by MMFLA Section 333.27205 and MRTMA Section 333.27956/mileg.aspx?page=getObject&objectName=mcl-333-27956) to ask for a yearly fee of $5,000 from each facility.
Additionally, the adult-use cannabis taxes of the State of Michigan include a 6% state sales tax and a 10% excise tax. From the tax revenues, the state allocates 15% to be distributed among counties and 15% to be distributed among municipalities, depending on the number of licensed adult-use cannabis facilities they have.
The FY 2022 Adult-Use Marijuana Distributions report of the Michigan Department of Treasury shows that Allegan County received $414,729.68. The same amount was distributed between the City of Allegan and Saugatuck Township. The city has three facilities while the township has two facilities.
Medical cannabis was first legalized in Allegan County in 2008 by the /documents/mcl/pdf/mcl-Initiated-Law-1-of-2008.pdf)MMMA, and adult-use cannabis was legalized in 2018.
Data sent by the Allegan County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2007, a year before the legalization of medical cannabis, there were 88 marijuana possession arrests, comprising all marijuana offense arrests.
In 2009, a year after the legalization of medical cannabis, there were 131 marijuana possession arrests and five marijuana sales arrests, totaling 136 marijuana offense arrests.
In 2015, there were 127 marijuana possession arrests and six marijuana sales arrests, totaling 133 marijuana offense arrests.
In 2021, the latest data showed 14 marijuana possession arrests and one marijuana sales arrest, totaling 15 marijuana offense arrests.
In those years, the number of DUI arrests was as follows: