949 N.W.2d 91
Mich.2020Background
- Christie DeRuiter, a registered MMMA qualifying patient and primary caregiver, cultivated medical marijuana in an enclosed, locked facility on rented commercially zoned property in Byron Township.
- Byron Township amended its zoning ordinance to allow caregiver cultivation only as a "home occupation" — i.e., conducted entirely within a dwelling or attached garage — and required a township permit and fee for registered primary caregivers to cultivate.
- The township directed DeRuiter’s landlord to cease her cultivation as a zoning violation; DeRuiter sued for a declaratory judgment that the ordinance was preempted by the MMMA. Byron Township counterclaimed.
- The trial court granted summary disposition for DeRuiter, finding direct conflict preemption; the Court of Appeals affirmed.
- The Michigan Supreme Court granted review and held the township ordinance did not directly conflict with the MMMA, reversed the Court of Appeals, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Byron Township's zoning ordinance is preempted by the MMMA (conflict preemption). | DeRuiter: MMMA immunities bar any local penalties or restrictions that interfere with MMMA-authorized medical use. | Byron: Ordinance regulates time/place/manner of cultivation under MZEA and does not prohibit MMMA-compliant use. | Court: No direct conflict; MMMA does not nullify local land-use authority so long as local law does not prohibit or unreasonably contradict state law. |
| Whether the ordinance’s locational restriction (cultivation only as a home occupation in dwelling/attached garage) conflicts with MMMA’s “enclosed, locked facility” requirement. | DeRuiter: MMMA allows cultivation in any enclosed, locked facility; local geographic limits thus conflict. | Byron: MMMA specifies the type of structure, not the location; zoning may limit where such facilities may be located. | Court: No conflict — "enclosed, locked facility" concerns structure type, not municipal locational limits; local restrictions permissible if not prohibitory. |
| Whether the township’s permit and fee requirement for primary caregivers conflicts with MMMA immunity (prohibition on penalty "in any manner"). | DeRuiter: Permit/fee and possible revocation impose penalties and thus conflict with MMMA immunity. | Byron: Permit/fee are routine zoning tools and do not effectively prohibit medical use; MZEA authorizes reasonable fees and permits. | Court: No direct conflict — permit/fee permitted under MZEA and are not shown to effectively prohibit MMMA use; reasonableness of permit standards not decided. |
| Whether the MMMA field-preempts local regulation of time/place/manner (blanket preemption). | DeRuiter: MMMA immunities create a comprehensive regulatory scheme that forecloses local time/place/manner regulation. | Byron: MMMA does not occupy the entire field; local zoning authority remains under MZEA. | Court: Issue sounds in field preemption but was neither decided below nor presented for resolution; Court declines to address field preemption. |
Key Cases Cited
- Ter Beek v. City of Wyoming, 495 Mich 1 (Mich. 2014) (local ordinance that effectively banned MMMA-authorized medical use was preempted)
- People v. Llewellyn, 401 Mich 314 (Mich. 1977) (direct conflict exists when ordinance permits what statute prohibits or prohibits what statute permits)
- Detroit v. Qualls, 434 Mich 340 (Mich. 1990) (local regulations are permissible if not "unreasonable and inconsistent" with state law)
- National Amusement Co. v. Johnson, 270 Mich 613 (Mich. 1935) (municipality may add conditions to a state regulatory scheme but cannot prohibit what statute permits)
- Miller v. Fabius Township Bd., 366 Mich 250 (Mich. 1962) (local time/place restrictions consistent with state law do not necessarily create preemption)
- Rental Property Owners Ass’n of Kent County v. Grand Rapids, 455 Mich 246 (Mich. 1997) (state police-power regulations do not bar a municipality from imposing additional reasonable requirements)