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Michigan Supreme Court Opens Door for Limits on Medical Marijuana Patients and Caregivers
Grewal Law, PLLC
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It’s been nearly 5 years since the last time the Michigan Supreme Court decided a case involving the Michigan Medical Marihuana Act (“MMMA”). The last time the high court did so in July of 2015, it openly lamented the fact that it had issued opinions in 9 different cases involving the MMMA in less than 7 years since Michigan voters approved the MMMA at the ballot in November 2008.

Today’s latest opinion from the Michigan Supreme Court in DeRuiter v Township of Byron marks a dramatic shift that impacts medical marijuana patients and caregivers across the State of Michigan. The concerns an issue that has been kept open for years—can a municipality use zoning and land use planning ordinances to restrict where a patient or caregiver may cultivate their medical marijuana?

The Michigan Court of Appeals, in a series of different cases, had held on each occasion that the MMMA protects a patient or caregiver’s ability to cultivate medical marijuana and that state law preempts a municipality from restricting grows to commercial buildings or home occupations or any other zoning or land use planning restrictions. Today, the Michigan Supreme Court overruled the prior case law out of the Court of Appeals and held that there is no direct conflict between the MMMA and the Michigan Zoning Enabling Act (the state law that gives municipalities the power to issue zoning ordinances). As a result, the Michigan Supreme Court held that municipalities have the authority to limit where patients or caregivers may cultivate medical marijuana plants.

In light of today’s Michigan Supreme Court opinion, many medical marijuana patients and caregivers may now be subject to restrictions on where they can lawfully grow their plants. Many existing patient and caregivers may find themselves facing action from their local municipality seeking to shut down their use. If you are medical marijuana patient or caregiver facing action from your local municipality, contact attorney John Fraserand the rest of the Cannabis Law attorneys at Grewal Law PLLC. We have a proven track record of fighting for the rights of medical marijuana patients and caregivers.

 

4 Comments

  1. Gravatar for jim heffner
    jim heffner

    The "Reefer Madness" defense is finally in the trash bin and the 'Nitpick every possible vulnerability' to the full re-legalization of Cannabis is the path that righthand threaded wingnutz and social conservatives are using to rile the fearful to over-regulate and over-tax. There have been no cases of 'the sky is falling' or 'the wolves are at the door' since full re-legalization has to come to the more free States. Yet the spokespersons for anti-Cannabis have continued their attacks on our freedoms.

    Moi? I advocate a filter for our lawmakers that starts with "and it harm none do what you will" for future legislation. The Marihuana(sic) Tax Act of 1937 had no valid testimony to pass this defacto prohibition while even the AMA and the US Army testified against it. DuPont, Hearst et al had the clout to push it through for their financial benefit. The 'anti' types continue to use conditionals like, could, might, and should, when attempting to demonize the Noble Herb. Still no deaths or increased accidents in the areas where Cannabis has become legally available and the disproven (over and over) 'Gateway Theory' has yet to find a reputable advocate. Meanwhile, a significant segment of our population is being encouraged to disrespect the laws by the unjust restrictions imposed on all of us.

    By the way, the next time you thank a Veteran for our service how about helping to ensure the rights we fought for and allow us to grow our own legally.

    I'm just a dumb PA Dutchman who played in the Agent Orange for too often and too long. Cannabis has aided me in remaining free from hard drugs and alcohol since January 7th, 1976, and has helped me through my dark nights of the soul.

    "The future is here now, it just isn't evenly distributed yet." William Gibson

  2. Gravatar for jim heffner
    jim heffner

    The advocacy of Medical Marijuana has delayed the full re-legalization of Cannabis. Allowing the DEA the FDA and other alphabet agencies to nitpick and stretch out the processes that will eventually bring us re-legalization. When Cannabis is treated like the Herb that was significant to the beginning of Human agriculture as one of the first plants cultivated, it can continue to be one of the oldest aids to human well being. When the FDA and Big Pharma get their grubby bureaucratic fingers on it they will isolate each of the 483 compounds in the Herb and find something that will allow them to turn it into their typical nostrum with pages of warnings and contraindications. Still no verified deaths from the use of the Herb unlike Aspirin.

    The human urges for one form of intoxication or another are well documented. If you compare the common intoxicants used by humans you will find that Cannabis use is the safest and has the least negative side effects.

    Let's not do the apples and oranges thing. When you concentrate the various compounds in Cannabis they can become very potent. Just like Old Everclear at 190 proof you have to titrate them. Anything concentrated enough becomes dangerous.

    Dr. Raphael Mechoulam, the discoverer of THC, has published work on the efficacy of the "Entourage Effect". He posits that the whole herb is more effective than the sum of its parts.

    Please help keep the alphabet agencies out of my Herb Garden,

  3. Gravatar for Marvin Marvin
    Marvin Marvin

    There is an election coming up in November. Let's get the bums out. Organize organize organize. Marvin Marvin

  4. Gravatar for William
    William

    I was just telling a friend of mine that I bet there would be a law soon preventing people from growing if they lived close enough to a licenced place that sells it because its all about the money.

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