Pubdate: Thu, 3 Feb 2011
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2011 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Catherine Kavanaugh, Daily Tribune Staff Writer
Bookmark: http://www.mapinc.org/topic/Royal+Oak+City
Bookmark: http://www.mapinc.org/people/Adam+Brook

MEDICAL MARIJUANA PATIENT SUES ROYAL OAK

ROYAL OAK - The city is being sued by a cancer patient who claims the 
zoning restrictions on medical marijuana that went into effect today 
violate the Michigan Constitution and state law.

Adam Leslie Brook of Royal Oak filed a lawsuit Thursday afternoon 
against the city, city clerk, building official and mayor in Oakland 
County Circuit Court.

Brook had threatened to sue the city Jan. 24, when the City 
Commission approved a zoning ordinance that allows qualifying 
patients to use medical marijuana but bans all commercial and 
residential growing operations.

The plaintiff's attorney, Joseph Niskar, contends that Royal Oak's 
new law conflicts with the Michigan Medical Marijuana Act (MMMA) 
passed by voters in 2008, including 72 percent of Royal Oak voters. 
He said the zoning ordinance is vague in its definition of "use," 
which under the state law includes cultivating and manufacturing.

State law says a qualifying patient can grow up to 12 plants and 
registered caregivers can do the same for up to five patients for a 
total of 60 plants.

"The ordinance is contrary to the MMMA and deprives patients and 
caregivers of their rights under the act," the lawsuit says.

The lawsuit says Brook will have to make costly and unnecessary 
efforts to obtain his medicine if he can't grow his own or have a 
nearby caregiver do it for him.

"... Because plaintiff risks property loss (as a legal nonconforming 
use), civil penalties, along with having to expend monies for rent 
and equipment, it violates due process," the lawsuit says.

The lawsuit seeks a declaration that the Royal Oak ordinance is 
unlawful, a temporary restraining order prohibiting the city from 
enforcing it, and an injunction to permanently prevent the city from 
enforcing the ordinance.  
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MAP posted-by: Richard Lake