A Michigan judge has cleared the way for voters in Menominee to decide whether the city should increase its cap on recreational marijuana retailers from nine to 13.
Menominee County Circuit Court Judge Mary Barglind on Monday rejected a challenge seeking to block the proposal from appearing on the November 3 ballot.
If approved, the citizen-initiated ordinance would amend Section 11.3 of the Menominee Code of Ordinances to allow as many as 13 marijuana retail establishments within city limits, four more than currently allowed.
Michigan law specifically allows voters to initiate local ordinances establishing how many marijuana businesses may operate within a municipality. Under the Michigan Regulation and Taxation of Marihuana Act, a qualifying petition must contain signatures exceeding 5% of the votes cast for governor in the municipality during the previous gubernatorial election.
The group Menominee’s Not for Sale challenged the petitions supporting the new measure, seeking a court order requiring election officials to reject them. Among the arguments were claims that the petitions did not meet requirements under Michigan election law.
Barglind disagreed. In her three-page ruling, the judge concluded that the petitions satisfied the applicable statutory requirements and were consistent with the petition format recommended by the Michigan Bureau of Elections.
The court also found an independent reason not to grant the requested relief: the challenge came too late in the election process.
Election officials certified the petitions on August 6, but Menominee’s Not for Sale did not file its lawsuit until August 28. Arguments were heard September 16, by which point ballots had already been printed and the deadline for sending ballots to military and overseas voters was approaching.
Barglind determined that the delay supported application of laches, a legal doctrine allowing courts to reject claims when an unreasonable delay in bringing them would create prejudice or disruption.
The upcoming vote follows a separate marijuana ballot measure approved overwhelmingly by Menominee voters in November 2025. That measure established the current nine-retailer maximum after an earlier vote on the cap was invalidated because it was conducted during a special election.
Michigan’s marijuana legalization law allows municipalities to prohibit marijuana businesses entirely or establish numerical limits on the number operating within their borders.
Unless the latest ruling is disturbed, Menominee voters will now have the final say November 3 on whether their recently adopted nine-store cap should be increased to 13.
