Yes, marijuana cultivation is allowed in Genesee County. The Michigan Regulation and Taxation of Marijuana Act was passed in 2018 by Michigan voters. Michigan is the first Midwestern state to allow and legalize both medical and recreational marijuana. As defined in the Act, a marijuana grower is a person licensed and authorized to cultivate marijuana, sell, and transfer marijuana to marijuana establishments.
Growing marijuana outdoors and in greenhouses is permitted. Per Rule 6 of Marijuana Operations promulgated by the Michigan Department Of Licensing And Regulatory Affairs, outdoor areas where marijuana plants are grown must be adjacent to buildings and must be completely enclosed by barriers or fences to prevent marijuana plants from being seen by the public. The fences must be kept locked and secure and only accessible to emergency personnel and authorized persons. Additionally, marijuana establishments may not cultivate, test, process, or store marijuana at any location other than the physical address approved and licensed by the department.
For marijuana establishments, there are three types of marijuana grower licenses, which allows the cultivation of marijuana plants in various numbers:
Class A - not exceeding 100 marijuana plants
Class B - not exceeding 500 marijuana plants
Class C - not exceeding 2,000 marijuana plants
Furthermore, home cultivation is allowed in Genesee County. By law, an adult over the age of 21 can grow up to 12 plants per dwelling property. Even with two adults living in one house, the marijuana growing limit per household is still 12 plants. Home cultivation of marijuana should be kept out of sight from public areas and stored in a secure location.
Yes, cannabis production is legal in Genesee County. Michigan Regulation and Taxation of Marijuana Act, Section 9, states that marijuana manufacturing companies must file an application form with the Michigan Department of Licensing and Regulatory Affairs. Once the department receives the complete application, the department will forward a copy of the business application to the municipality where the marijuana facility is located to verify that the applicant and business location are eligible for state licenses and comply with the law. The department will then issue the appropriate state license or will send a denial letter within 90 days stating why the department did not approve the license application.
In addition, Section 9 of the Act states that the land on which a proposed marijuana facility is to be located must not be in an area intended for residential purposes. It must not be within 1,000 feet of any private or public school offering kindergarten until grade 12 education until the municipality issues an ordinance reducing its distance requirements.
Marijuana facilities, including manufacturers, must secure all entrances to the facility to allow access to employees and others authorized by the marijuana facility, such as department or state agents, local law enforcement officers, and emergency personnel. It is also necessary to note that 21 years and below are not allowed to work or volunteer at the marijuana facility.
Cannabis retail is permitted in Genesee County. For medical purposes, any person under the age of 21 who has a Patient Registry Card issued by the Michigan Medical Marijuana Program may use or consume marijuana. However, for recreational use, only aged 21 and above are allowed.
Pursuant to Michigan Regulation and Taxation of Marijuana Act, Section 11, no marijuana retailer may sell edibles or marijuana-infused candy in shapes or packages that appeal to children or those that are easily mistaken for commercially available candies that do not contain marijuana. No marijuana retailer may sell marijuana that is not in an opaque, child-resistant package.
Cannabis in a topical formulation, beverages, tinctures, and edibles can be used and sold in Genesee County. Each person over 21 may purchase up to 2.5 ounces of cannabis. However, you may not carry more than 15 grams of cannabis concentrate at one time. At home, you can store up to 10 ounces of cannabis flowers in a safe and secure location.
Public consumption of cannabis and cannabis-related products is not permitted. Moreover, driving under the influence of cannabis is strictly prohibited. Residents are also not allowed to cross state lines with cannabis.
Yes. Licensed marijuana establishments may deliver marijuana products to their customers. Rule 7 of Marijuana Operations, issued by the Michigan Department of Licensing and Regulatory Affairs, states that employees of licensed marijuana establishments may deliver marijuana to registered eligible patients (for medical use) or individuals over the age of 21 (for recreational use) at a residential location or the area of a consumption establishment. However, the employee must verify that the patient is enrolled in the Michigan Medical Marijuana Program with a medical marijuana card and ensure that the recreational marijuana user is indeed 21 years old and above.
Licensed marijuana retailers may not deliver more than 15 ounces of marijuana and more than 60 grams of marijuana concentrate at once, according to Section 11 of the Michigan Marijuana Regulation and Taxation Act.
The qualifying health conditions for medical marijuana in Genesee County and Michigan are as follows:
• Amyotrophic Lateral Sclerosis
• Crohn’s Disease
• Nail Patella
• Severe Nausea
• Spinal Cord Injury
• Rheumatoid Arthritis
• Hepatitis C
• HIV Positive
• Agitation of Alzheimer’s Disease
• Inflammatory Bowel Disease
• Ulcerative Colitis
• Chronic Pain
• Cerebral Palsy
• Parkinson’s Disease
• Tourette’s Disease
• Post-Traumatic Stress Disorder
• Obsessive Compulsive Disorder
• Severe and Chronic Pain
• Cachexia or Wasting Syndrome
• A debilitating or chronic disease or its treatment that produces 1 or
more of Severe and Persistent Muscle Spasms (such as multiple sclerosis) or Seizures (including epilepsy)
Applicants for the Michigan Medical Marijuana Program must be Michigan residents, 18 years of age or older, and must be seen by a Michigan licensed physician to diagnose one of the eligible medical conditions listed above. Once you have your doctor's approval, please submit all the required documents and the $40 application fee via:
Online at www.michigan.gov/mmp or
State of Michigan - MMMP
PO Box 40083
Lansing MI, 48909
Minor applicants must submit a paper application because they are applying with a caregiver (the parent or legal guardian responsible for making health decisions).
Michigan's Marijuana Regulation and Taxation Act, Section 13, states that sales of cannabis are subject to a 10% excise tax in addition to Michigan's 6% sales tax. The law also states that funds regulated by the sale of marijuana will be allocated as follows:
15% for counties in which retail marijuana stores or marijuana microbusinesses are located
15% for municipalities in which retail marijuana stores or marijuana microbusinesses are located
35% for school assistance funds used for K-12 education
35% to the Michigan transportation fund for repairs and maintenance of roads and bridges
In 2021, the Michigan Department of Treasury reported that adult-use marijuana sales exceeded $1.1 billion. $111 million was collected from the 10% recreational marijuana excise tax, of which $42.2 million was distributed to counties and municipalities, $49.3 million to the School Assistance Fund, and $49.3 million to the Michigan Transportation Fund.
Genesee County has 18 licensed marijuana facilities, and more than $1,016,000 was distributed by Michigan state to the county as part of the marijuana law. This data is based on the marijuana revenues in Michigan collected in the fiscal year 2021. The figure goes to show that marijuana is a contributing factor to the economy of Genesee County.
According to the FBI crime report, data generated from the Genesee County Sheriff's Office shows an increased number of DUI cases for the years 2017, 2018, and 2019, from 51 to 88 and 115, respectively. On the other hand, the number of marijuana arrests in 2017, 2018, and 2019 decreased from 21 to 12 and 1 cases, respectively.
Note that recreational marijuana in Michigan became legal in 2018.