Does Supreme Court Decision on Medical Marijuana Affect Farmington Hills Moratorium?
The 4-1 opinion outlawing medical marijuana dispensaries affects one potential land use currently on hold, city attorney Steve Joppich says.
Will a recent Michigan Supreme Court decision banning medical marijuana dispensaries keep the City of Farmington Hills from "kicking the can - or cannabis - down the road" (in council member Richard Lerner's words) again?
According to a report published in Friday's The Oakland Press, justices in a 4-1 decision ruled that "owners of so-called dispensaries 'are not entitled to operate a business that facilitates patient-to-patient sales of marijuana'."
City attorney Steve Joppich said the high court ruling only affects one potential land use affected by a moratorium that officials extended in December, through June 13, 2013. A proposed medical marijuana ordinance was first introduced in 2010.
Joppich said officials are keeping an eye on another case making its way through the courts that will also affect zoning and land use.
According to the Michigan State Legislature's website, the voter-approved Medical Marihuana Act allows those who hold a medical marijuana card to keep up to 12 plants and up to 2.5 ounces of marijuana. People can apply to be caregivers for up to five people, and caregivers can keep up to 12 plants and 2.5 ounces for each patient.
Read more:
- Supreme Court Drops Pot Bombshell
- Farmington Hills Police Chief Weighs in on Medical Marijuana Law Impact
- Farmington Hills Officials Extend Medical Marijuana Moratorium
- Hills Council Votes Down Proposed Medical Marijuana Ordinance
- Medical Marijuana Ordinance Draft Heads to Hills Commission
- Hills Council Sends Marijuana Ordinance Back
- Frustrated Hills Officials Leave Medical Marijuana Ordinance on the Table
- Hills Council Halts Medical Marijuana Ordinance
- New Hills Ordinances Take Aim at Alcohol, Medical Marijuana Businesses
Jamie
9:27 am on Tuesday, February 12, 2013
The local government leaders, according to Ter Beek v The City of Wyoming, can not get between the Michigan Medical Marihuana Act and participating patients and caregivers- particularly in their own homes. This was decided well before this recent Supreme Court decision.