Kent County Cannabis Overview

Is Cannabis Cultivation Legal in Kent County?

Yes. In 2018, the Michigan Regulation and Taxation of Marijuana Act was passed by Michigan voters. Michigan became the first midwestern State to permit both medical and adult-use marijuana. The Act states that adults 21 years old and older are allowed to grow a maximum of 12 plants per household. Even if two adults live in one home, the growing limit is still 12 plants. Marijuana cultivation at home must not be visible from a public place and must be in a secure location.

For marijuana establishments, there are three types of marijuana grower licenses that permit a varying number of marijuana plants to be cultivated:

• Class A – 100 marijuana plants
• Class B – 500 marijuana plants
• Class C – 2,000 marijuana plants

Growing marijuana outdoors is allowed. According to Rule 6 of Marijuana Operations published by the Michigan Department Of Licensing And Regulatory Affairs, the outdoor area containing the cultivation of marijuana plants must be contiguous with the building, fully enclosed by barriers or fences that ensure that the marijuana plants are not visible from the public eye without the use of binoculars or other optical aids, and the fences are secured and must be lock and secure, only accessible to authorized persons and emergency personnel.

Is Cannabis Manufacturing Legal in Kent County?

Yes, cannabis manufacturing is allowed in Kent County. Section 9 of the Michigan Regulation and Taxation of Marijuana Act says that a marijuana production business must submit its application to the Michigan Department Of Licensing And Regulatory Affairs. Upon the department’s receipt of a complete application, the department shall forward a copy of the business application to the municipality in which the marijuana establishment is to be located and determine whether the applicant and the business location qualify for the state license and comply with the Act. The department shall then issue the appropriate state license or send a notice of rejection within 90 days specifying the reasons why the department did not approve the license application.

Section 9 of the Act also states that the property where the proposed marijuana establishment is to be located must not be within an area zoned exclusively for residential use and is not within 1,000 feet of a private or public school providing education from kindergarten to any of grades 1 through 12 until and unless a municipality creates an ordinance that reduces this distance requirement.

Is Cannabis Retail Legal in Kent County?

Cannabis retail is allowed in Kent County. For medical use, persons below 21 years old who have a Patient Registry Card issued by the Medical Marijuana Program are allowed to use or consume marijuana. However, for recreational use, the age limit is 21.

There are four types of cannabis that are allowed for use and for sale in Kent County: flower, concentrates, edibles, and topical form. Any person over 21 years of age can purchase up to 2.5 ounces of cannabis. However, an individual cannot possess more than 15 grams of cannabis concentrate at one time. When buying edibles, 16 ounces is considered one ounce of cannabis for the purposes of the daily limit. At home, an individual may keep up to 10 ounces of cannabis flower in a secured location.

Public consumption of cannabis and cannabis products is not allowed. Moreover, driving under the influence of cannabis is also not permitted. Residents cannot cross state lines with cannabis.

Is Cannabis Delivery Legal in Kent County?

Yes. A licensed marijuana establishment may engage in the delivery of a marijuana product to customers. Rule 7 of Marijuana Operations, published by the Michigan Department Of Licensing And Regulatory Affairs, states that an employee of a licensed marijuana establishment may deliver marijuana to a registered qualifying patient (for medical use) or an individual 21 years old or above (for recreational use) at a residential address or at the premises of a consumption establishment, provided that the employee must verify that the patient is indeed registered under the Michigan Medical Marijuana Program with a medical marijuana card and that the adult-use marijuana consumer is 21 years old and above.

A marijuana retailer licensed under the Michigan Regulation and Taxation of Marijuana Act shall not deliver over 15 ounces of marijuana or more than 60 grams of marijuana concentrate at one time, pursuant to Section 11 of the Act.

How to Get Medical Marijuana Card in Kent County

The qualifying conditions for medical marijuana in Michigan are as follows:

• Cancer

• Glaucoma

• Amyotrophic Lateral Sclerosis

• Crohn’s Disease

• Arthritis

• Rheumatoid Arthritis

• HIV Positive

• AIDS

• Hepatitis C

• Agitation of Alzheimer’s Disease

• Nail Patella

• Spinal Cord Injury

• Colitis

• Inflammatory Bowel Disease

• Ulcerative Colitis

• Parkinson’s Disease

• Post-Traumatic Stress Disorder

• Obsessive Compulsive Disorder

• Tourette’s Disease

• Autism

• Cachexia or Wasting Syndrome

• Severe and Chronic Pain

• Severe Nausea

• Chronic Pain

• Cerebral Palsy

• A chronic or debilitating disease or condition or its treatment that produces 1 or

more of the following:

• Severe and Persistent Muscle Spasms (Including multiple sclerosis)

• Seizures (Including epilepsy)

The applicant for the Michigan Medical Marijuana Program must be a Michigan resident 18 years of age or older and must visit a certified physician licensed in Michigan in order to be diagnosed with one of the qualifying health conditions listed above. Once qualified by the doctor, submit all required documentation and a $40 application fee via:

• Online at michigan.gov/mmp or

• Via mail:

  State of Michigan - MMMP

  PO Box 40083

  Lansing MI, 48909

For minor applicants, you must submit a paper application since you are applying with a caregiver (a legal guardian or custodial parent with responsibility for health care decisions).

How Has Cannabis Legalization Impacted the Economy of Kent County?

Section 13 of the Michigan Regulation and Taxation of Marijuana Act states that cannabis sales are subject to a 10% excise tax, in addition to Michigan State’s 6% sales tax. The Act also says that funds regulated from marijuana sales will be allocated as follows:

• 15% to municipalities in which a marijuana retail store or a marijuana microbusiness is located
• 15% to counties in which a marijuana retail store or a marijuana microbusiness is located
• 35% to the school aid fund to be utilized for K-12 education
• 35% to the transportation fund of Michigan to be used for the repair and maintenance of bridges and roads

In 2021, over $1.1 billion in adult-use marijuana sales was reported by the Michigan Department of Treasury. $111 million was collected from the 10% recreational marijuana excise tax, and out of this fund, $42.2 million was distributed to municipalities and counties, $49.3 million was sent to the School Aid Fund, and $49.3 million went to the Michigan Transportation Fund.

In Kent County, where there are 19 licensed marijuana establishments, over $1,072,000 was distributed by the State as part of the Marijuana Act.

The Effects of Cannabis Legalization on Crime Rates in Kent County

According to the FBI crime report, data generated from the Kent County Sheriff's Office shows an increasing number of DUI arrests for the years 2017, 2018, and 2019, from 460 to 517 and 562, respectively. On the other hand, the number of drug possession cases for 2017, 2018, and 2019 vary from 616 to 676 and 123 arrests, respectively.

Note that recreational marijuana was legalized in Michigan in 2018.