In November of 2018 the State of Michigan legalized recreational marijuana. And, while recreational marijuana facilities have not made their way into any municipality yet (the state has until November 2019 to work out logistics to allow such facilities to operate), several municipalities have already opted out of allowing them. Under the Michigan Regulation and Taxation of Marihuana Act, every municipality is considered to be “in,” or to allow medical marijuana facilities, unless the elected body of a municipality votes to opt out through an ordinance or resolution (an ordinance is preferred for legal matters). According to the Michigan Department of Legal and Regulatory Affairs, 48 municipalities in Southeastern Michigan have opted out, with the city of Monroe being the first in the state. Even though almost 50 municipalities in Southeastern Michigan, more than 60 in the state of Michigan, have opted out of allowing recreational marijuana, the ordinances that allowed them to opt out can be changed, allowing them to opt back in. As the map below shows, the highest concentration of opt out communities in Southeastern Michigan is in northern Macomb and St. Clair counties. In that area alone there are 12 communities that have already opted out of allowing recreational marijuana facilities. Wayne County has the highest total number of opt out communities at the county level at 13; Macomb County has the second highest number at 10.

Reasons why municipalities have opted out include wanting to wait to see how the state will regulate recreational marijuana facilities, wanting to further amend their own zoning regulations for such facilities and not wanting such facilities within the boundaries of their municipality at all.