Pubdate: Wed, 12 Feb 2014
Source: Livonia Observer (MI)
Copyright: 2014 Observer & Eccentric Newspapers
Contact: http://www.hometownlife.com/section/CUSTOMERSERVICE20
Website: http://www.hometownlife.com/section/NEWS10
Details: http://www.mapinc.org/media/5277
Author: David Veselenak, Staff Writer
Cited: The Ruling, http://mapinc.org/url/D1nxj3jq
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

MICHIGAN SUPREME COURT RULING MEANS LIVONIA WON'T ENFORCE ORDINANCE
MAKING MEDICAL MARIJUANA ILLEGAL

A recent Michigan Supreme Court ruling allowing the use of medical
marijuana in one west Michigan community will have impact on ordinance
enforcement here in Livonia.

The Michigan Supreme Court ruled last week that the City of Wyoming's
ordinance banning all items illegal under federal statute violated the
state's Medical Marihuana Act that voters approved in 2008. The ban,
similar to an ordinance Livonia has on the books, was the subject of
litigation for several years before the Supreme Court affirmed the
Court of Appeals ruling in 2012. The American Civil Liberties Union
filed the suit on behalf of Wyoming resident John Ter Beek. While
medical marijuana is allowed under state law, possession of the
substance remains illegal under federal law.

"We hold that the ordinance is preempted by section 4(a) of the
Michigan Medical Marihuana Act, which in turn is not preempted by the
federal controlled substances act," the ruling from the court reads.

The City of Livonia filed an amicus brief in the case supporting the
City of Wyoming.

Don Knapp, attorney for the City of Livonia, said while he disagreed
with the ruling, he sees no reason to amend Livonia's ordinance. The
ordinance was originally amended by the city council in 2009 to
prohibit any activity that violates federal law, which includes the
possession of marijuana, though the ordinance does not single out that
specific substance.

Since the Court of Appeals ruled in favor of Ter Beek two years ago,
the city's law and inspection departments have not enforced that
ordinance when it comes to medical marijuana, Knapp said. With the
ruling, Knapp said the city will most likely keep the ordinance as is
and not enforce it for medical marijuana patients.

"I don't think there's a reason to repeal it, it's just a matter of
how it's enforced," he said. "I don't think there's a need for an 
amendment."

Knapp said when the ordinance was originally amended, the Medical
Marihuana Act was still relatively new and there were some very broad
questions surrounding it.

"I think it's important to recognize too, that at the time our
ordinance was amended ... the law was brand new and there was no
guidance," he said.

The ACLU had originally filed suit against Livonia in 2010 on behalf
of a Birmingham couple who wanted to grow and use medical marijuana in
a building off Merriman shortly after the ordinance was amended,
though they lost that case in Wayne County's Third Circuit Court in
Detroit. It was originally appealed to the Court of Appeals before the
ACLU voluntarily asked to dismiss the case.

Dan Korobkin, deputy legal director of the ACLU of Michigan, applauded
the recent ruling handed down by the supreme court.

"These patients and their caregivers have been waiting for this day
since 2008 when people across the state overwhelmingly voted to
protect patients from being punished or penalized for using marijuana
to treat their medical conditions," he said in a statement. "This
unanimous decision by the Michigan Supreme Court rejects the misguided
efforts of a few local officials to undo the results of that historic
election."

Despite the ruling, Knapp said it's important to remember that
dispensaries still remain illegal under the law as decided in recent
years by the state supreme court.

"That was obviously a big concern for the city of Livonia," he said. "
The Michigan Supreme Court has ruled that dispensaries are illegal.
There's no authority for dispensaries."
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MAP posted-by: Matt