Livingston County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Livingston County?

Medical and adult-use cannabis cultivation in the State of Michigan is legal under the Michigan Regulation and Taxation of Marihuana Act (MRTMA) signed in 2018 and the earlier Medical Marihuana Facilities Licensing Act (MMFLA) signed in 2016, and Michigan Medical Marijuana Act (MMMA) signed in 2008. The Cannabis Regulatory Agency (CRA) is the regulatory and licensing body for medical and adult-use cannabis in the State of Michigan. Municipalities are allowed to opt out of the MRTMA and of having adult-use cannabis businesses in their jurisdictions, but they cannot ban medical cannabis facilities.

In Livingston County, medical cannabis cultivation is legal but two out of three cities, all charter townships, and all civil townships have opted out of all adult-use cannabis businesses, including adult-use cannabis cultivation businesses. These municipalities are as follows:

• City of Howell

• City of Brighton

• Brighton Charter Township

• Green Oak Charter Township

• Genoa Charter Township

• Unadilla Township

• Cohoctah Township

• Tyrone Township

• Conway Township

• Putnam Township

• Deerfield Township

• Oceola Township

• Hamburg Township

• Marion Township

• Handy Township

• Iosco Township

• Howell Township

• Hartland Township

Any cannabis business is required to apply to the Department of Licensing and Regulatory Affairs (LARA) of the State of Michigan for either a medical cannabis establishment license or an adult-use cannabis establishment license, all covered by marijuana licensing rules.

All types of medical and adult-use cannabis license applicants must pay a nonrefundable $3,000 application fee, which may be increased annually. All applicants must present documented proof of having $100,000 set aside to pay for any cannabis business-related liability for bodily injury. Applicants for medical cannabis business licenses, in particular, must additionally present documented proof of having a separate $100,000 set aside to pay for any medical cannabis business-related premises liability.

There are three types of medical cannabis grower licenses:

There are five types of adult-use cannabis grower licenses:

There are two types of adult-use cannabis microbusiness licenses that authorize not just the cultivation of cannabis but also the manufacturing of products from the harvest and the selling of dried cannabis and cannabis products to individuals aged 21 and older, provided all these activities are done in the same facility. These licenses are the following:

Approved licensees have to pay the following license and renewal fees:

Both the MMMA and the MRTMA require that medical and adult-use cannabis facilities, including cultivation facilities, must be located in a zonal district approved by the municipality for such use. Adult-use cannabis facilities must be more than 1,000 feet from a school from kindergarten to Grade 12.

Medical and adult-use cannabis may be grown indoors or outdoors. The facility must be protected by a secure fence and gate that is locked against intruders and keeps all cannabis away from the sight of the public.

In municipalities that have opted into the MRTMA, Section 333.27955 of the Act allows individuals aged 21 and above to grow up to 12 cannabis plants at home only for personal medical or adult use. A household has the same limit regardless of the number of residents who qualify. The home grower must ensure that the cannabis cultivation space is locked against intruders and is hidden from public view.

Is Cannabis Manufacturing Legal in Livingston County?

Medical and adult-use cannabis product manufacturing in the State of Michigan is legal by virtue of the MRTMA, MMFLA, and MMMA. However, in Livingston County, medical cannabis product manufacturing is legal but adult-use cannabis product manufacturing is prohibited in municipalities that have opted out of the MRTMA.

A medical cannabis manufacturing business in Livingston County must apply to the LARA for a medical marijuana processor license. In municipalities that allow adult-use cannabis manufacturing, an adult-use marijuana processor license from LARA is required. The application fee for both is $3,000 and the license and renewal fee is $24,000. Licensees for the adult-use microbusiness or Class A adult-use microbusiness may also manufacture adult-use cannabis products in municipalities that have opted in.

All requirements for licensed cannabis business facilities’ location, security, and public visibility discussed previously are applicable.

Is Cannabis Retail Legal in Livingston County?

Medical and adult-use cannabis retail in the State of Michigan is legal as mandated by the MRTMA, MMFLA, and MMMA. However, in Livingston County, medical cannabis retail is legal but adult-use cannabis retail is prohibited in municipalities that have opted out of the MRTMA.

A medical cannabis retail business in Livingston County needs a provisioning center license from LARA to sell medical cannabis and medical cannabis products to medical cannabis cardholders. In municipalities that allow adult-use cannabis retail, an adult-use marijuana retailer license from LARA is needed to sell adult-use cannabis and adult-use cannabis products to individuals aged 21 and older. The application fee for both is $3,000 and the license and renewal fee is $15,000. License holders for the adult-use microbusiness or Class A adult-use microbusiness may also sell adult-use cannabis and its products in municipalities that have opted in. Both medical and adult-use licensed retailers are subject to the same location, public visibility, and security requirements as all other licensed cannabis businesses.

Licensed medical cannabis retailers must check the medical cannabis card of the purchaser against the Michigan Medical Marijuana Program (MMMP) online registry. Licensed adult-use cannabis retailers must check the valid government-issued photo ID of the purchaser for identity and proof of age.

The MMMA and the MRTMA limit each person’s purchase of medical or adult-use cannabis to 2.5 ounces or the equivalent. According to the MMMA Section 333.26424, any of the following is equivalent to one ounce of cannabis:

• Solid cannabis-infused product: 16 ounces

• Liquid cannabis-infused product: 36 fluid ounces

• Gaseous cannabis-infused product: 7 grams

Licensed medical and adult-use cannabis retailers are allowed to sell by retail to qualified purchasers cannabis and cannabis products such as concentrate, oil, tinctures, edible items, beverages, topical formulations, and others. All medical and adult-use cannabis packaging must be unappealing to children, opaque, and sealed. If a package contains several servings, it must be resealable. All information regarding each sale must be recorded.

Is Cannabis Delivery Legal in Livingston County?

Medical and adult-use cannabis delivery in the State of Michigan is legal as mandated by the MRTMA, MMFLA, and MMMA. However, in Livingston County, medical cannabis delivery is legal but adult-use cannabis delivery is prohibited in municipalities that have opted out of the MRTMA.

Licensed medical cannabis retailers may deliver the medical cannabis or medical cannabis products ordered from them to the registered home of a medical cannabis cardholder. In municipalities that allow it, licensed adult-use cannabis retailers may deliver the adult-use cannabis or adult-use cannabis products ordered from them to the home of the purchaser aged 21 or older, or to a licensed consumption facility that the qualified purchaser chooses.

Orders are by phone or online. Licensed medical cannabis retailers must check the purchaser’s medical cannabis card on the online registry, and the delivery personnel must physically check the medical cannabis card in person before handing over the purchase. Licensed adult-use cannabis retailers must check the purchaser’s valid government-issued photo ID upon ordering and, likewise, the delivery personnel must physically verify the ID in person before releasing the purchase. All information regarding each delivery must be logged.

Licensed cannabis retailers may only deliver during their operating hours. A delivery trip may only carry the following maximum quantities of cannabis:

• Cannabis: 15 ounces

• Cannabis concentrate: 60 grams

• Cannabis-infused products: 15 ounces

• The total selling price of cannabis and cannabis products carried: $5,000

The delivery vehicle must be GPS-equipped and monitored by the licensed retailer for the duration of each trip. The vehicle must not be left unlocked and unattended by delivery personnel.

How to Get a Medical Marijuana Card in Livingston County

Livingston County residents must apply to the LARA for the MMMP medical marijuana card. They have to first be diagnosed to have one of the following medical conditions by a doctor of medicine or osteopathic medicine with a state license:

• Glaucoma

• Spinal Cord Injury

• Chronic Pain

• Rheumatoid Arthritis

• AIDS

• HIV

• Post-Traumatic Stress Disorder

• Cerebral Palsy

• Arthritis

• Cancer

• Nail Patella

• Tourette’s Disease

• Ulcerative Colitis

• Amyotrophic Lateral Sclerosis

• Obsessive Compulsive Disorder

• Parkinson’s Disease

• Colitis

• Alzheimer’s Disease with agitation

• Crohn’s Disease

• Autism

• Inflammatory Bowel Disease

• Hepatitis C

• Illnesses or treatments that cause any of these:

  • Wasting Syndrome or Cachexia

  • Severe Nausea

  • Persistent Severe Muscle Spasms

  • Seizures

  • Chronic Severe Pain

The doctor may upload the certification of the diagnosis on the MMMP’s online registry or provide the patient with a printed copy.

An adult patient who does not require a caregiver must scan the physician’s certification for uploading during the online patient application. An adult patient who requires a caregiver must wait for the arrival of the medical cannabis card and then mail the completed caregiver form with the caregiver’s valid ID card or driver’s license to:

Michigan Medical Marijuana Program

P.O. Box 30083

Lansing, MI 48909

Patients who are minors or adult patients who are incapacitated physically or mentally must be registered by a caregiver, patient, or legal guardian by mail to the same address. The adult patient packet or minor patient packet must be printed, completed, and sent with the required documents.

All applications have a $40 fee. The medical cannabis card is sent by post in approximately 20 business days.

More information may be requested from:

Department of Licensing and Regulatory Affairs

Cannabis Regulatory Agency

Phone: 517-284-8599

E-mail: CRA-MMMPINFO@michigan.gov

How Has Cannabis Legalization Impacted the Economy of Livingston County?

The State of Michigan’s MRTMA levies taxes on adult-use cannabis. There is an excise tax of 10% of the price of cannabis sold by adult-use retailers and microbusinesses to consumers. In addition, there is a state sales tax of 6% of the price of cannabis. The price of cannabis considered in computing the state sales tax includes the addition of the 10% excise tax. Municipalities that opted into the MRTMA are also allowed to charge licensed cannabis businesses within their territories a $5,000 annual fee.

Revenues from adult-use cannabis are allocated in the following manner:

• 15% divided among municipalities with licensed adult-use cannabis retailers or microbusinesses, depending on the number of facilities in the municipality

• 15% divided among counties with licensed adult-use cannabis retailers or microbusinesses, depending on the number of facilities in the county

• 35% for the K-12 education School Aid Fund

• 35% for roads’ and bridges’ maintenance and repair through the Michigan Transportation Fund

According to the FY 2022 Adult-Use Marijuana Distributions by the Michigan Department of Treasury, updated as of February 23, 2023, nearly $29.8 million was distributed among counties and municipalities in that fiscal year. However, Livingston County and its municipalities were not listed among the recipients since most municipalities of Livingston County have opted out of the MRTMA.

The Effects of Cannabis Legalization on Crime Rates in Livingston County

Medical cannabis was legalized in 2008 and adult-use cannabis was legalized in 2018 in the State of Michigan. While medical cannabis is legal in Livingston County, all of its charter and civil townships and two out of its three cities have opted out of adult-use cannabis use and adult-use cannabis businesses.

Data from the Livingston County Sheriff's Office on the FBI’s Crime Explorer page shows that a year before medical cannabis legalization, in 2007, there were no marijuana offense arrests.

A year after medical cannabis legislation, in 2009, there was one marijuana offense arrest for possession.

A year after adult-use cannabis legislation, in 2019, there were two marijuana offense arrests, also for possession.

In the latest available data, in 2021, there were also two marijuana offense arrests, with one for possession and one for manufacturing or sales.

The following were the DUI arrests in those years:

• 2007: 285 arrests

• 2009: 361 arrests

• 2019: 112 arrests

• 2021: 103 arrests