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http://www.detroitnews.com/article/20130404/POLITICS02/304040358
Michigan Supreme Court to weigh city's medical marijuana ban
Lansing — 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.
http://www.mlive.com/news/grand-rapids/index.ssf/2013/04/wyomings_attempt_to_ban_medica.html
[h=1]Wyoming's attempt to ban medical marijuana not done yet - state Supreme Court takes case[/h]
By John Tunison | [email][email protected][/email]
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on April 03, 2013 at 5:34 PM, updated April 04, 2013 at 12:08 AM
John Ter Beek in a file photo MLive file photo
WYOMING, MI -- The city's attempt to ban medical marijuana within its boundaries appears to have gained new life after state Supreme Court justices today agreed to hear the case.
The state Court of Appeals about seven months ago ruled that a new Wyoming ordinance, essentially banning medical marijuana, was not legal.
At that time, a three-judge appeals court panel ruled unanimously that the city ordinance conflicts with the state’s Medical Marijuana Act.
It rejected the city’s argument that the state law contradicts a federal ban on marijuana, which is listed as a class one controlled substance.
Attorney John Ter Beek, a medical marijuana patient, fought the ordinance after the Wyoming City Council passed the ban in November 2010.
Council members initiated the ban, saying marijuana can be distributed safely by pharmacists but not by licensed marijuana caregivers.
Ter Beek filed a lawsuit claiming the ordinance went against the will of state voters.
Related: Court of Appeals knocks down Wyoming marijuana ordinance
Afterward, Kent County Circuit Court Judge Dennis Leiber ruled in favor of the city. The Court of Appeals then reversed his ruling -- and now the state's highest court will take up the issue.
State voters in 2008 approved the state's medical marijuana law, allowing licensed caregivers to serve up to five patients each.
In today's decision to hear the case, Supreme Court justices said they want both sides to submit legal briefs on whether the city’s zoning code ordinance is subject to state pre-emption by the Michigan Medical Marijuana Act.
Related: Wyoming's self-described 'conservative council' bans medical marijuana
And if it is, they want to hear arguments on whether the medical marijuana act is subject to federal pre-emption by the federal law that makes marijuana an illegal substance.
The was no timetable given for the court to hear the case.
E-mail John Tunison: [email protected] and follow him on Twitter at twitter.com/johntunison
By John Tunison | [email][email protected][/email] Follow on Twitter
on April 03, 2013 at 5:34 PM, updated April 04, 2013 at 12:08 AM
WYOMING, MI -- The city's attempt to ban medical marijuana within its boundaries appears to have gained new life after state Supreme Court justices today agreed to hear the case.
The state Court of Appeals about seven months ago ruled that a new Wyoming ordinance, essentially banning medical marijuana, was not legal.
At that time, a three-judge appeals court panel ruled unanimously that the city ordinance conflicts with the state’s Medical Marijuana Act.
It rejected the city’s argument that the state law contradicts a federal ban on marijuana, which is listed as a class one controlled substance.
Attorney John Ter Beek, a medical marijuana patient, fought the ordinance after the Wyoming City Council passed the ban in November 2010.
Council members initiated the ban, saying marijuana can be distributed safely by pharmacists but not by licensed marijuana caregivers.
Ter Beek filed a lawsuit claiming the ordinance went against the will of state voters.
Related: Court of Appeals knocks down Wyoming marijuana ordinance
Afterward, Kent County Circuit Court Judge Dennis Leiber ruled in favor of the city. The Court of Appeals then reversed his ruling -- and now the state's highest court will take up the issue.
State voters in 2008 approved the state's medical marijuana law, allowing licensed caregivers to serve up to five patients each.
In today's decision to hear the case, Supreme Court justices said they want both sides to submit legal briefs on whether the city’s zoning code ordinance is subject to state pre-emption by the Michigan Medical Marijuana Act.
Related: Wyoming's self-described 'conservative council' bans medical marijuana
And if it is, they want to hear arguments on whether the medical marijuana act is subject to federal pre-emption by the federal law that makes marijuana an illegal substance.
The was no timetable given for the court to hear the case.
E-mail John Tunison: [email protected] and follow him on Twitter at twitter.com/johntunison
