Michigan Supreme Court to Review City's Medical Marijuana Ban

Michigan Supreme Court to Review City's Medical Marijuana Ban

LANSING, MI – The Michigan Supreme Court says it will review the legality of a city’s zoning ordinance that prohibits the use, manufacture or cultivation of medical marijuana.

The court issued an order Wednesday agreeing to hear an appeal filed by the city of Wyoming, located near Grand Rapids. Justices want to know if the zoning ordinance is superseded by Michigan’s 2008 voter-approved medical marijuana law.

Significantly, the court also plans to consider if the state law is pre-empted by a federal law that makes marijuana use illegal.

Retired attorney and qualified medical marijuana patient John Ter Beek sued Wyoming after council members voted in 2010 to make marijuana use illegal under the federal Controlled Substances Act.

Beek lost in a Kent County court but won in the state appeals court.

Earlier this year, the Michigan Supreme Court ruled that it is illegal to sell medical marijuana through dispensaries.  In 2012, the same court ruled that collective medical marijuana growing is also not permitted under state law.