The Michigan Court of Appeals ruled Wednesday that cities cannot enact ordinances that ban the use of medical marijuana. Livonia was one of the first Michigan communities to pass an ordinance in December 2009 that prohibits uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances, While medical marijuana was never mentioned by name, the city's ordinance referenced federal law, which would include the federal Controlled Substances Act, which bans the use of marijuana. [continues 366 words]
While the medical marijuana legal questions are examined in court, state lawmakers will study proposed legislation in 2012 aimed at clarifying the law. House lawmakers are expected to study a package of bills introduced in 2011 that proponents hope will clarify ambiguities in the Michigan Medical Marihuana Act. Rep. John Walsh, R-Livonia, chairs the House Judiciary Committee. State Rep. Phil Cavanagh, D-Redford, also serves on that committee. Walsh expects to hear more public comments and receive more input in February about the proposed legislation. Walsh said he has met with dispensary operators, caregivers, patients and patient advocacy groups. [continues 534 words]
In 2008, 63 percent of Michigan voters approved the use of medical marijuana. Yet three years later, attorneys battle in the state courts over whether communities have the right to prohibit an activity, which in their eyes violated federal law, even when approved by a voter referendum. Communities throughout the state are watching what courts decide in particular with one local case. The American Civil Liberties Union has appealed a Wayne County Circuit Court ruling that supported the city of Livonia's ban on medical marijuana facilities. Circuit Judge Wendy Baxter granted the city's motion for summary disposition and dismissed the case. Communities across Michigan will be watching to see how the state courts interpret state and federal law. [continues 979 words]
The American Civil Liberties Union has appealed a Wayne County Circuit Court ruling that supported the city of Livonia's ban on medical marijuana facilities. The ACLU of Michigan filed an appeal Monday with the Michigan Court of Appeals and the city of Livonia received notice of the claim of appeal Tuesday. The ACLU is appealing the ruling by Circuit Judge Wendy Baxter, who granted the city's motion for summary disposition last month. "We think that she made a wrong decision," said Dan Korobkin, staff attorney with the ACLU. [continues 552 words]
The American Civil Liberties Union has appealed a Wayne County Circuit Court ruling that supported the city of Livonia's ban on medical marijuana facilities, according to Livonia's city attorney. The ACLU of Michigan filed an appeal with the Michigan Court of Appeals on Monday and the city of Livonia received notice of the claim of appeal on Tuesday, according to City Attorney Don Knapp. The ACLU is appealing the ruling by Circuit Judge Wendy Baxter, who granted the city's motion for summary disposition last month. [continues 157 words]
State lawmakers continue to work to clarify the state medical marijuana law. State Rep. John Walsh, R-Livonia, said lawmakers have introduced eight bills in attempts to make the law "safe and effective." Walsh expects another four bills to be introduced at a later date. Walsh, who chairs the House Judiciary Committee, appeared at a press conference last week with Attorney General Bill Schuette and a doctor from the Michigan State Medical Society to highlight the legislation, which Walsh said will help better define the relationships between patient and caregiver before medical marijuana is administered. [continues 522 words]