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Steven J. Greene, a certified medical marijuana user, is suing Lyon Township and Oakland County, because he feels a local ordinance has no right to keep him from growing and using marijuana in his home.
Greene said he has been HIV-positive for 14 years. He believes he contracted the virus from a blood transfusion after a bicycle accident when he was a child. He said the medicine he uses is a "horrible thing to take without something that would help" fight the nausea.
"The only thing I could find was an off-brand thing called marijuana," said Greene, 43. "For them to meddle in this way is in direct contact with my ability to maintain my health. A doctor, a specialist in his field, has said the medication is necessary to affect my health in a positive way. If it comes back up, you've lost the food and medication. This is a decision me and my doctor made about my health."
Furthermore, Greene lamented, he has a state-approved card authorizing he is a medical marijuana user and caregiver.
Greene recently received a letter from the township attorney, Matt Quinn, saying that "the possession, cultivation and use of marijuana violates the federal Controlled Substance Act."
Greene's lawsuit, which was filed in Oakland County Circuit Court on Jan. 14, said the township ordinance is in direct violation of the Michigan Medical Marihuana Act. Oakland County was named in the suit, because it acts as the law enforcement agency enforcing the ordinance for Lyon Township.
"This is one of many (lawsuits), not the first and will not be the last," explained Paul Tylenda, who is working with attorney Thomas Loeb on the defense. "At its core, this is a civil-rights matter."
Greene moved to Lyon Township in 2009, and in May, police were called out on a report that his home was broken into. When police arrived, they noticed he had marijuana plants. In July, Lyon Township passed an ordinance saying Greene's marijuana plants violated federal law.
Greene received his state-issued card for medical marijuana use in 2009. He is also a caregiver, which by state law allows for 21/2 ounces of usable marijuana and 12 plants. A caregiver can provide for up to five patients.
Last November, Greene's home was reportedly broken into again, and when police came, they noted the marijuana plants and found him in compliance with state law, "but deputies of Oakland County threatened (him) with arrest for violating federal law and the township ordinance," Tylenda said.
Greene received a letter Dec. 20 from Lyon Township saying he had 30 days to comply, because "you have a marijuana-growing business" that is in violation of township ordinance that prohibits "enterprises or purposes that are contrary to federal, state or local laws or ordinances.
"We're waiting for an answer," according to Loeb. "The (township) attorney has verbally agreed not to prosecute until our case is resolved."
A local ordinance cannot supersede state law, Tylenda said.
"This is a posture taken by a municipality testing the limits of zoning laws and state laws," Tylenda added.
"It's a case where municipalities are saying, 'Not in my backyard.' This is a situation where municipalities and officials are not only disagreeing with state law, but they are opposing it directly."
Several Livingston County communities have struggled to interpret the state law within their zoning ordinances, but haven't pursued legal action based on federal drug laws.
Green Oak Township approved minor zoning-ordinance changes that incorporate state-approved medical marijuana use, possession and growth into the township's rules for building uses.
The township's ordinance changes state state-approved use, possession and growth of medical marijuana are exempt from a prohibition against building uses not in line with local, state and federal law.
At least five other county communities – Brighton Township, Hartland Township, Brighton, Howell and Pinckney – have either approved moratoriums while zoning rules are reviewed, or simply zoned-out buildings where marijuana would be smoked or dispensed.
Lyon Township Supervisor Lannie Young declined to comment based on the pending lawsuit.
"Frankly I would wish cities would spend time and efforts in other places," Tylenda said. "Lawsuits are expensive, and those expenses are being passed on to taxpayers. In a day where potholes aren't being fixed and people aren't paying their taxes, there's a better use of time and money. I would hope cities would seek challenges of state law that are just, rather than penalizing those who are sick and dying."
Greene was a DJ/news host on WHMI PM back in the 1980s. He moved to larger radio markets and has worked in broadcasting for 25 years, eventually landing back in Detroit at 97.1 FM Talk (now the Ticket).
He said he needs the marijuana to stay healthy.
"I have the illness that causes AIDS," Greene said. "I'm healthy as long as I take my medication, but I can't keep my medication down without the marijuana.
"If they need a poster child for this cause, and if anyone has a right to do this, it's me. I think it's important to fight the cause. I'm not part of the criminal element. They don't want to accept the fact that what I'm doing is OK and it's helping me."
Marijuana has been recognized by the medical community as a tool that can be used.
"We're fighting this negative perception about marijuana," Greene added. "People are afraid of what they are not familiar with. I'm not hiding from anything. I'm an innocent guy. Their job is to protect and serve, not to badger and abuse."
Greene's case is the latest in a string of recent litigation involving the Michigan Medical Marijuana Act.
The American Civil Liberties Union recently filed a similar suit against local ordinances in Birmingham, Bloomfield Hills and Livonia.
"How many more lawsuits will we see?" Tylenda said.
News Hawk: MedicalNeed 420 MAGAZINE
Source: livingstondaily.com
Author: Diane Gale Andreassi
Contact: livingstondaily.com
Copyright: 2011 livingstondaily.com
Website:'This is a civil-rights matter': Man suing Lyon Township for cracking down on medical pot
Greene said he has been HIV-positive for 14 years. He believes he contracted the virus from a blood transfusion after a bicycle accident when he was a child. He said the medicine he uses is a "horrible thing to take without something that would help" fight the nausea.
"The only thing I could find was an off-brand thing called marijuana," said Greene, 43. "For them to meddle in this way is in direct contact with my ability to maintain my health. A doctor, a specialist in his field, has said the medication is necessary to affect my health in a positive way. If it comes back up, you've lost the food and medication. This is a decision me and my doctor made about my health."
Furthermore, Greene lamented, he has a state-approved card authorizing he is a medical marijuana user and caregiver.
Greene recently received a letter from the township attorney, Matt Quinn, saying that "the possession, cultivation and use of marijuana violates the federal Controlled Substance Act."
Greene's lawsuit, which was filed in Oakland County Circuit Court on Jan. 14, said the township ordinance is in direct violation of the Michigan Medical Marihuana Act. Oakland County was named in the suit, because it acts as the law enforcement agency enforcing the ordinance for Lyon Township.
"This is one of many (lawsuits), not the first and will not be the last," explained Paul Tylenda, who is working with attorney Thomas Loeb on the defense. "At its core, this is a civil-rights matter."
Greene moved to Lyon Township in 2009, and in May, police were called out on a report that his home was broken into. When police arrived, they noticed he had marijuana plants. In July, Lyon Township passed an ordinance saying Greene's marijuana plants violated federal law.
Greene received his state-issued card for medical marijuana use in 2009. He is also a caregiver, which by state law allows for 21/2 ounces of usable marijuana and 12 plants. A caregiver can provide for up to five patients.
Last November, Greene's home was reportedly broken into again, and when police came, they noted the marijuana plants and found him in compliance with state law, "but deputies of Oakland County threatened (him) with arrest for violating federal law and the township ordinance," Tylenda said.
Greene received a letter Dec. 20 from Lyon Township saying he had 30 days to comply, because "you have a marijuana-growing business" that is in violation of township ordinance that prohibits "enterprises or purposes that are contrary to federal, state or local laws or ordinances.
"We're waiting for an answer," according to Loeb. "The (township) attorney has verbally agreed not to prosecute until our case is resolved."
A local ordinance cannot supersede state law, Tylenda said.
"This is a posture taken by a municipality testing the limits of zoning laws and state laws," Tylenda added.
"It's a case where municipalities are saying, 'Not in my backyard.' This is a situation where municipalities and officials are not only disagreeing with state law, but they are opposing it directly."
Several Livingston County communities have struggled to interpret the state law within their zoning ordinances, but haven't pursued legal action based on federal drug laws.
Green Oak Township approved minor zoning-ordinance changes that incorporate state-approved medical marijuana use, possession and growth into the township's rules for building uses.
The township's ordinance changes state state-approved use, possession and growth of medical marijuana are exempt from a prohibition against building uses not in line with local, state and federal law.
At least five other county communities – Brighton Township, Hartland Township, Brighton, Howell and Pinckney – have either approved moratoriums while zoning rules are reviewed, or simply zoned-out buildings where marijuana would be smoked or dispensed.
Lyon Township Supervisor Lannie Young declined to comment based on the pending lawsuit.
"Frankly I would wish cities would spend time and efforts in other places," Tylenda said. "Lawsuits are expensive, and those expenses are being passed on to taxpayers. In a day where potholes aren't being fixed and people aren't paying their taxes, there's a better use of time and money. I would hope cities would seek challenges of state law that are just, rather than penalizing those who are sick and dying."
Greene was a DJ/news host on WHMI PM back in the 1980s. He moved to larger radio markets and has worked in broadcasting for 25 years, eventually landing back in Detroit at 97.1 FM Talk (now the Ticket).
He said he needs the marijuana to stay healthy.
"I have the illness that causes AIDS," Greene said. "I'm healthy as long as I take my medication, but I can't keep my medication down without the marijuana.
"If they need a poster child for this cause, and if anyone has a right to do this, it's me. I think it's important to fight the cause. I'm not part of the criminal element. They don't want to accept the fact that what I'm doing is OK and it's helping me."
Marijuana has been recognized by the medical community as a tool that can be used.
"We're fighting this negative perception about marijuana," Greene added. "People are afraid of what they are not familiar with. I'm not hiding from anything. I'm an innocent guy. Their job is to protect and serve, not to badger and abuse."
Greene's case is the latest in a string of recent litigation involving the Michigan Medical Marijuana Act.
The American Civil Liberties Union recently filed a similar suit against local ordinances in Birmingham, Bloomfield Hills and Livonia.
"How many more lawsuits will we see?" Tylenda said.
News Hawk: MedicalNeed 420 MAGAZINE
Source: livingstondaily.com
Author: Diane Gale Andreassi
Contact: livingstondaily.com
Copyright: 2011 livingstondaily.com
Website:'This is a civil-rights matter': Man suing Lyon Township for cracking down on medical pot
