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When Michigan's medical marijuana act passed in 2008, Linda Lott – a 61-year-old Birmingham resident and devout Presbyterian who has lived with debilitating multiple sclerosis for decades – discovered she could get relief from painful leg spasms by smoking a small amount of marijuana.
She followed the state's procedures, checked with her neurologist and eventually received her state-issued medical marijuana card. Her husband, Bob – who suffers from glaucoma – became her caregiver.
Then in April, Birmingham passed an ordinance making it illegal to use marijuana. Linda Lott was devastated.
"It's simply unfair (for cities) to play doctor and try to tell me what is best way for me to treat a disease I've lived with for 28 years," Linda said.
On Wednesday the ACLU filed a lawsuit on behalf of the Lotts against the City of Birmingham – and the cities of Bloomfield Hills and Livonia, where medical marijuana also is banned by ordinance.
Each city named has passed an ordinance in the last two years that completely bans medical marijuana, which, ACLU attorneys say, is in direct violation to the Michigan Medical Marijuana Act.
"The people of Michigan voted overwhelmingly in support of compassionate care for patients like Linda Lott," said Kary Moss, ACLU of Michigan executive director. "In a democracy, city commissions do not have the power to veto statewide ballot initiatives after (the initiatives) have been approved by voters and enacted into law.
Moss said thousands of people have complained about the bans around state, including gripes from medical marijuana patients losing jobs or their accommodations in public housing.
Dan Korobkin, ACLU attorney, said the Lotts are a "great example" of medical marijuana patients. He noted that the lawsuit filed does not seek monetary damages for the Lotts, just that the cities' bans be revoked.
"We hope this will bring clarity to the law," Moss said.
Korobkin pointed out the cities chosen are linked to the Lotts.
Bob Lott, who is a registered medical marijuana caregiver, has a business in Livonia and wants to be able to grow marijuana plants for his wife in a locked warehouse he owns. Linda Lott is a member of a private club in Bloomfield Hills and she wants to be able to use medical marijuana there if she experiences a muscle spasm.
Jay Cravens, Bloomfield Hills city manager, has reviewed the lawsuit details.
"I was discouraged, but not surprised," he said.
He said Bloomfield Hills' ordinance, adopted in June, allows people with state cards to use medical marijuana in their homes. People are prohibited from cultivating and selling marijuana in the city.
"We've not received any complaints or experienced any problems since it passed," Cravens said. "There also have been no arrests."
A message left for Birmingham's city attorney was not returned.
Linda Lott said after using the drug, "Relief was immediate. For the first time in a long time, I felt free. I could go out. Even if a spasm struck, a little bit of marijuana would take it away in a few minutes."
Korobkin said the lawsuit was filed in Wayne County because Livonia's was the first ban brought to the ACLU's attention and the Detroit-based ACLU office is located in that county.
Lott, who uses a wheelchair, said she has "maxed out" on prescription pain medication. She stressed she and her husband are not "druggies."
Cities with the ban "have ignored stories like mine, stories of the thousands of people across the nation helped by medical marijuana," she said.
Bob Lott – owner of a Livonia-based printing company, usher captain at Kirk in the Hills Presbyterian Church in Bloomfield Hills and a self-described "upstanding businessman" – said when the act first passed, he checked with Birmingham police on whether it was legal to have in the city.
"They said they were going to follow state law but then they changed. I don't understand," he said. "I believe in government staying out of my bedroom and my business. I feel these cities are trying to dictate how I treat my wife's debilitating disease."
The Lotts turned to the ACLU for help, they explained. Linda Lott said she even consulted with her Bible study group to see if the couple should move forward and go public.
"The women said, 'Go, girl, go for it," Linda said.
"We don't believe anyone should have to choose between living in pain and living in fear. We aren't criminals and we refuse to be treated like that."
News Hawk: G-Dog
Source: The Oakland Press
Author: CAROL HOPKINS
Contact: The Oakland Press : The best place for news in and around Oakland County
Website:ACLU sues on behalf of Birmingham medical marijuana user: ?We?re not criminals? WITH VIDEO - theoaklandpress.com
She followed the state's procedures, checked with her neurologist and eventually received her state-issued medical marijuana card. Her husband, Bob – who suffers from glaucoma – became her caregiver.
Then in April, Birmingham passed an ordinance making it illegal to use marijuana. Linda Lott was devastated.
"It's simply unfair (for cities) to play doctor and try to tell me what is best way for me to treat a disease I've lived with for 28 years," Linda said.
On Wednesday the ACLU filed a lawsuit on behalf of the Lotts against the City of Birmingham – and the cities of Bloomfield Hills and Livonia, where medical marijuana also is banned by ordinance.
Each city named has passed an ordinance in the last two years that completely bans medical marijuana, which, ACLU attorneys say, is in direct violation to the Michigan Medical Marijuana Act.
"The people of Michigan voted overwhelmingly in support of compassionate care for patients like Linda Lott," said Kary Moss, ACLU of Michigan executive director. "In a democracy, city commissions do not have the power to veto statewide ballot initiatives after (the initiatives) have been approved by voters and enacted into law.
Moss said thousands of people have complained about the bans around state, including gripes from medical marijuana patients losing jobs or their accommodations in public housing.
Dan Korobkin, ACLU attorney, said the Lotts are a "great example" of medical marijuana patients. He noted that the lawsuit filed does not seek monetary damages for the Lotts, just that the cities' bans be revoked.
"We hope this will bring clarity to the law," Moss said.
Korobkin pointed out the cities chosen are linked to the Lotts.
Bob Lott, who is a registered medical marijuana caregiver, has a business in Livonia and wants to be able to grow marijuana plants for his wife in a locked warehouse he owns. Linda Lott is a member of a private club in Bloomfield Hills and she wants to be able to use medical marijuana there if she experiences a muscle spasm.
Jay Cravens, Bloomfield Hills city manager, has reviewed the lawsuit details.
"I was discouraged, but not surprised," he said.
He said Bloomfield Hills' ordinance, adopted in June, allows people with state cards to use medical marijuana in their homes. People are prohibited from cultivating and selling marijuana in the city.
"We've not received any complaints or experienced any problems since it passed," Cravens said. "There also have been no arrests."
A message left for Birmingham's city attorney was not returned.
Linda Lott said after using the drug, "Relief was immediate. For the first time in a long time, I felt free. I could go out. Even if a spasm struck, a little bit of marijuana would take it away in a few minutes."
Korobkin said the lawsuit was filed in Wayne County because Livonia's was the first ban brought to the ACLU's attention and the Detroit-based ACLU office is located in that county.
Lott, who uses a wheelchair, said she has "maxed out" on prescription pain medication. She stressed she and her husband are not "druggies."
Cities with the ban "have ignored stories like mine, stories of the thousands of people across the nation helped by medical marijuana," she said.
Bob Lott – owner of a Livonia-based printing company, usher captain at Kirk in the Hills Presbyterian Church in Bloomfield Hills and a self-described "upstanding businessman" – said when the act first passed, he checked with Birmingham police on whether it was legal to have in the city.
"They said they were going to follow state law but then they changed. I don't understand," he said. "I believe in government staying out of my bedroom and my business. I feel these cities are trying to dictate how I treat my wife's debilitating disease."
The Lotts turned to the ACLU for help, they explained. Linda Lott said she even consulted with her Bible study group to see if the couple should move forward and go public.
"The women said, 'Go, girl, go for it," Linda said.
"We don't believe anyone should have to choose between living in pain and living in fear. We aren't criminals and we refuse to be treated like that."
News Hawk: G-Dog
Source: The Oakland Press
Author: CAROL HOPKINS
Contact: The Oakland Press : The best place for news in and around Oakland County
Website:ACLU sues on behalf of Birmingham medical marijuana user: ?We?re not criminals? WITH VIDEO - theoaklandpress.com
