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The Michigan Supreme Court said Wednesday it will consider the legality of city ordinances prohibiting the cultivation of medical marijuana based on federal prohibitions against manufacturing and distributing cannabis.
The high court issued an order Wednesday agreeing to hear the City of Wyoming's appeal of a Michigan Court of Appeals ruling last summer that found cities cannot enact local laws that criminalize registered patients' legal use of the drug.
The case could have broad implications for communities seeking to regulate medical marijuana growing and distribution through zoning ordinances in the legal battles over the 2008 voter-enacted Michigan Medical Marihuana Act.
The ACLU of Michigan has challenged similar ordinances in Birmingham, Bloomfield Hills and Livonia.
Retired attorney John Ter Beek, 60, a registered medical marijuana patient with diabetes, sued the Grand Rapids suburb of Wyoming to challenge a November 2010 city ordinance that made marijuana cultivation a zoning violation.
A Kent County judge ruled in Wyoming's favor, but the appellate court reversed the decision.
In Wednesday's order, the justices asked attorneys from both sides to prepare legal arguments on whether a local ordinance could pre-empt the Michigan Medical Marihuana Act and whether the state law is subject to the federal Controlled Substances Act banning marijuana cultivation and distribution.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: detroitnews.com
Author: Chad Livengood
Contact: https://www.detroitmedia.com/circulation/detnews/
Website: Michigan Supreme Court to weigh city's medical marijuana ban | The Detroit News | detroitnews.com
The high court issued an order Wednesday agreeing to hear the City of Wyoming's appeal of a Michigan Court of Appeals ruling last summer that found cities cannot enact local laws that criminalize registered patients' legal use of the drug.
The case could have broad implications for communities seeking to regulate medical marijuana growing and distribution through zoning ordinances in the legal battles over the 2008 voter-enacted Michigan Medical Marihuana Act.
The ACLU of Michigan has challenged similar ordinances in Birmingham, Bloomfield Hills and Livonia.
Retired attorney John Ter Beek, 60, a registered medical marijuana patient with diabetes, sued the Grand Rapids suburb of Wyoming to challenge a November 2010 city ordinance that made marijuana cultivation a zoning violation.
A Kent County judge ruled in Wyoming's favor, but the appellate court reversed the decision.
In Wednesday's order, the justices asked attorneys from both sides to prepare legal arguments on whether a local ordinance could pre-empt the Michigan Medical Marihuana Act and whether the state law is subject to the federal Controlled Substances Act banning marijuana cultivation and distribution.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: detroitnews.com
Author: Chad Livengood
Contact: https://www.detroitmedia.com/circulation/detnews/
Website: Michigan Supreme Court to weigh city's medical marijuana ban | The Detroit News | detroitnews.com
