Michigan Considers Combining Marijuana Laws

Michigan lawmakers last week introduced a bill aimed at eliminating duplicative marijuana laws and better supporting Michigan businesses.

The Michigan Medical Marijuana Act was approved by state voters on November 4, 2008. Recreational marijuana use became legal in the state after a 2018 referendum initiative passed with 56% of the vote. The first retail marijuana dispensaries opened to the public on December 1, 2019. Michigan was the first Midwestern state to allow both medical and adult-use marijuana.

Currently, there are two different state laws governing marijuana licensing in Michigan. One is the Medical Marijuana Facilities Licensing Act (MMFLA) of 2016, which oversees facility regulation and licensing. The other is the Michigan Regulation and Taxation of Marijuana Act, which was passed by state voters in 2018 as part of the adult-use legalization of marijuana.

State Reps. Graham Filler and Jimmie Wilson Jr. are seeking to repeal the older medical marijuana law with House Bills 5884-85, which would combine the two laws. They argue it would reduce costs for businesses as well as the burden on the Michigan Cannabis Regulation Agency.

“This is about making Michigan an attractive and stable place for marijuana businesses to grow,” Rep. Wilson said. “A single, consistent regulatory structure will support our growing economy, ensure the safety and quality of marijuana products, and maintain access for medical marijuana patients.”

As an example of the additional costs and administrative burdens currently imposed on licensees, both medical and recreational licenses must be renewed annually in order to cultivate, process, transport or sell marijuana.

The merger will not result in any changes to the way the medicinal marijuana system operates for registered patients.

The full text of House Bill 5884 can be viewed here and 5885 here. Both bills have been referred to the House Regulatory Reform Committee for consideration.

Like most other states that have legalized recreational marijuana, Michigan’s medical program is in decline, while the recreational side is booming by comparison. As of May 31, 2024, the program had 101,160 eligible patients registered; a far cry from the numbers before and shortly after adult-use legalization. At the end of 2019, it had 268,566 registered patients.

Interestingly, approximately 75% of Michigan municipalities have banned adult-use marijuana sales, with only 172 of 1,773 municipalities having opted into the MMFLA.