Jacob Bell
New Member
WYOMING – A local man who treats himself with marijuana will appeal a Kent County judge's ruling that the city's ban on medicinal use of the drug can stand.
John Ter Beek called the recent decision by Circuit Judge Dennis B. Leiber "just another case of somebody else ignoring what the (Michigan) voters voted in." With support from the American Civil Liberties Union, the Wyoming man has taken his case to the state Court of Appeals.
The city's attorney expects that Wyoming's case, along with a similar appeal out of Livonia, could be in the courts for a year or more. In the meantime, Wyoming does not plan to seek out violators of a zoning ordinance that prohibits medical marijuana because it allegedly conflicts with federal law.
"We're not going out looking for people; we're not going to go door to door," city attorney Jack Sluiter said. "At this point, we're doing basically what we did before.
"We both knew going in, whoever lost was going to appeal. Ultimately, these cases are going to have to get to the Michigan Supreme Court."
Ter Beek, a certified medical marijuana user under a state law approved by voters in 2008, sued Wyoming last year after officials passed a zoning ordinance that prohibits property uses "contrary to federal law." The city wants to keep out commercial marijuana dispensaries and in-home grow operations because of public-safety concerns, Sluiter said.
In a six-page opinion, Leiber ruled last month that the federal law against marijuana use trumps the state's medical marijuana act. The ACLU claims that Michigan and federal marijuana laws can co-exist, meaning that a Michigan resident should be able to use medical marijuana without risk of federal prosecution.
"The question is whether there is a conflict (between state and federal law)," said Michael Nelson, an ACLU lawyer in Grand Rapids. "We're not arguing that the federal law is not valid. Our argument is that you can have both.
"The state law does not prevent the federal government from enforcing their own law to the extent that they wish."
President Obama's administration said two years ago that it would not prosecute medical marijuana users who comply with state law.
"It's up to the city of Wyoming as to whether they want to go after people for what would be a zoning violation," Nelson said.
So, for now, Ter Beek said he plans to keep self-medicating various physical ailments with marijuana.
"It just helps better than the addictive narcotics that (Wyoming mayor and pharmacist) Jack Poll would have me use instead," Ter Beek said. "Judge Leiber seemed to ignore (Michigan voters) the same as Jack Poll did. He seems to have taken it upon himself to do the federal government's job."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mlive.com
Author: Matt Vande Bunte
Contact: Contact Us
Copyright: Michigan Live LLC.
Website: Man says judge is 'ignoring' voters, appeals ruling that Wyoming can ban medical marijuana
John Ter Beek called the recent decision by Circuit Judge Dennis B. Leiber "just another case of somebody else ignoring what the (Michigan) voters voted in." With support from the American Civil Liberties Union, the Wyoming man has taken his case to the state Court of Appeals.
The city's attorney expects that Wyoming's case, along with a similar appeal out of Livonia, could be in the courts for a year or more. In the meantime, Wyoming does not plan to seek out violators of a zoning ordinance that prohibits medical marijuana because it allegedly conflicts with federal law.
"We're not going out looking for people; we're not going to go door to door," city attorney Jack Sluiter said. "At this point, we're doing basically what we did before.
"We both knew going in, whoever lost was going to appeal. Ultimately, these cases are going to have to get to the Michigan Supreme Court."
Ter Beek, a certified medical marijuana user under a state law approved by voters in 2008, sued Wyoming last year after officials passed a zoning ordinance that prohibits property uses "contrary to federal law." The city wants to keep out commercial marijuana dispensaries and in-home grow operations because of public-safety concerns, Sluiter said.
In a six-page opinion, Leiber ruled last month that the federal law against marijuana use trumps the state's medical marijuana act. The ACLU claims that Michigan and federal marijuana laws can co-exist, meaning that a Michigan resident should be able to use medical marijuana without risk of federal prosecution.
"The question is whether there is a conflict (between state and federal law)," said Michael Nelson, an ACLU lawyer in Grand Rapids. "We're not arguing that the federal law is not valid. Our argument is that you can have both.
"The state law does not prevent the federal government from enforcing their own law to the extent that they wish."
President Obama's administration said two years ago that it would not prosecute medical marijuana users who comply with state law.
"It's up to the city of Wyoming as to whether they want to go after people for what would be a zoning violation," Nelson said.
So, for now, Ter Beek said he plans to keep self-medicating various physical ailments with marijuana.
"It just helps better than the addictive narcotics that (Wyoming mayor and pharmacist) Jack Poll would have me use instead," Ter Beek said. "Judge Leiber seemed to ignore (Michigan voters) the same as Jack Poll did. He seems to have taken it upon himself to do the federal government's job."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mlive.com
Author: Matt Vande Bunte
Contact: Contact Us
Copyright: Michigan Live LLC.
Website: Man says judge is 'ignoring' voters, appeals ruling that Wyoming can ban medical marijuana
