Licensed medical cannabis cultivation is legal in Eaton County only in municipalities that have opted into the State of Michigan’s Act 281 of 2016, called the Medical Marihuana Facilities Licensing Act (MMFLA), while licensed adult-use cannabis cultivation is legal only in municipalities that have opted into the state’s Initiated Law 1 of 2018, called the Michigan Regulation and Taxation of Marihuana Act (MRTMA).
Individuals who are 21 years of age or older may grow cannabis at home under Section 333.27955 of the MRTMA, but only in municipalities that permit it. The most that can be grown is 12 cannabis plants, even if there are many qualifying adults residing in the same house. Additionally, the growing area has to be locked up and kept concealed from the public’s view.
In Eaton County, only Windsor Charter Township allowed medical cannabis cultivation businesses, and only up to 10 each for Class A, Class B, and Class C growers. Also, only Windsor Charter Township allowed adult-use cannabis cultivation businesses, with 10 each for Class A and Class B growers, and up to 100 Class C growers. Adult-use cannabis microbusinesses are not allowed.
The Department of Licensing and Regulatory Affairs (LARA) Cannabis Regulatory Agency (CRA), which developed the marijuana licensing rules, is in charge of medical and adult-use cannabis regulations and licensing across the state. To begin operations, a cannabis production firm must apply for a medical facility license or an adult-use establishment license from LARA, either online or on paper.
Following are the differences between medical cannabis cultivation facility licenses:
Medical cannabis cultivator licensees must pay a regulatory assessment fee that must not exceed $10,000 instead of a yearly license fee.
Following are the differences between adult-use cannabis cultivation facility licenses:
The non-refundable application fee for all medical and adult-use cannabis cultivation licenses is the same at $3,000.
The setting up of medical and adult-use cannabis establishments is only permitted in zoning areas designated by municipalities for such use under LARA's marijuana licensing regulations. More than 1,000 feet is required to separate an adult-use cannabis facility from a school for students in kindergarten through grade 12.
Cannabis crops may be grown outdoors or indoors by licensed medical and adult-use cannabis producers, but the entire site must be enclosed completely by a fence and safeguarded with a lockable gate. Unauthorized people must not be allowed inside, and all cannabis production operations must be kept concealed from the general population.
Licensed medical cannabis product manufacturing is legal in Eaton County only in municipalities that have opted into the State of Michigan’s MMFLA, and licensed adult-use cannabis product manufacturing is legal only in municipalities that have opted into the state’s MRTMA.
In Eaton County, only Windsor Charter Township allowed medical cannabis manufacturing businesses, with only a maximum of five of them. The township also allowed up to 10 adult-use cannabis processor businesses.
A cannabis manufacturing business must submit an application to LARA for a medical or adult-use cannabis processor license in order to operate. A $3000 application fee is required for all processor licenses. For the adult-use cannabis processor license, the annual licensing charge is $24,000. On the facility location, public exposure, and security, all conditions and guidelines for the processor license are identical to those for the cultivator license.
Licensed medical cannabis and medical cannabis product retail is legal in Eaton County only in municipalities that have opted into the MMFLA of the State of Michigan, and licensed adult-use cannabis and adult-use cannabis product retail is legal only in municipalities that have opted into the MRTMA. However, no municipality in Eaton County allowed medical cannabis provisioning centers or adult-use retail businesses.
In other counties and municipalities, the LARA medical cannabis provisioning center license is necessary to offer medical cannabis and medical cannabis products to holders of medical cannabis cards. The LARA adult-use cannabis retailer license is required to sell adult-use cannabis and adult-use cannabis products to consumers aged at least 21. They are authorized to sell medical and adult-use cannabis in raw form as well as cannabis products such as tinctures, concentrates, topical preparations, beverages, and food items, among others. In one transaction, a medical cannabis cardholder or an age-qualified consumer may purchase only 2.5 ounces of raw cannabis or cannabis contained in products.
The State of Michigan’s MMFLA and MRTMA only allow the delivery of medical cannabis and its products to holders of medical cannabis cards in municipalities that have opted into licensed medical cannabis provisioning centers. Likewise, these laws only allow the delivery of adult-use cannabis and its products to age-qualified consumers in municipalities that have opted into licensed adult-use cannabis retailer businesses. Both types of cannabis dispensaries are not allowed in any municipality of Eaton County. Therefore, deliveries are not possible.
Windsor County Township in Eaton County, however, allows up to two licensed medical cannabis secure transporters to move medical cannabis between licensed medical cannabis businesses, and up to three licensed adult-use cannabis secure transporters to move adult-use cannabis between adult-use cannabis businesses.
Eaton County residents who are diagnosed with at least one of the following qualifying conditions a state-licensed physician may apply for the State of Michigan’s medical cannabis card:
The physician will upload the diagnostic certification to the MMMP registry. The patient must next complete the online application. As an alternative, the physician may provide the patient with the written certification to upload in the application process.
A parent or legal guardian must mail in a registration form for patients under the age of 18 using the minor patient packet that is made available for them. A caregiver must also register an adult patient who is mentally or physically handicapped through the mail using the adult patient packet provided for this purpose. It is necessary to mail the application to:
Michigan Medical Marijuana Program
P.O. Box 30083
Lansing, MI 48909
The caregiver must wait for the patient's medical cannabis card to arrive before mailing the caregiver form to the same address if the adult patient is not impaired.
For additional information, the public may contact the following:
Department of Licensing and Regulatory Affairs
Cannabis Regulatory Agency
Phone: 517-284-8599
E-mail: CRA-MMMPINFO@michigan.gov
Eaton County municipalities that have chosen to allow a medical or adult-use cannabis business inside their borders are permitted under MMFLA Section 333.27205 and MRTMA Section 333.27956/mileg.aspx?page=getObject&objectName=mcl-333-27956) to charge each facility an annual fee of $5,000.
In addition, the State of Michigan's adult-use cannabis taxes incorporate a state sales tax of 6% and an excise tax of 10%. The state transfers 15% of the tax proceeds to counties and 15% to municipalities, based on how many licensed adult-use cannabis facilities each one has.
According to the Michigan Department of Treasury’s FY 2022 Adult-Use Marijuana Distributions report, however, Eaton County got nothing from the $59,513,709.08 distributed to counties and municipalities because there is no licensed adult-use cannabis facility located in it.
The Michigan Medical Marijuana Act/documents/mcl/pdf/mcl-Initiated-Law-1-of-2008.pdf) (MMMA) first legalized medical cannabis in the State of Michigan and in Eaton County in 2008, while adult-use cannabis was legalized in 2018.
Data sent by the Eaton 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 10 marijuana possession arrests and five marijuana sales arrests, totaling 15 marijuana offense arrests.
In 2009, a year after the legalization of medical cannabis, there were 29 marijuana possession arrests and one marijuana sales arrest, totaling 30 marijuana offense arrests.
In 2015, there were 31 marijuana possession arrests and five marijuana sales arrests, totaling 36 marijuana offense arrests.
In 2021, the latest data showed no marijuana offense arrests.
The number of DUI arrests during those years was as follows: