The Michigan Court of Appeals held that a city could not
completely ban the use and cultivation of Medical Marijuana. See Beek
v City of Wyoming. The individual challenging a city ordinance argued that
the ordinance was in conflict with State law, which makes the ordinance
unconstitutional. The City, on the other hand, argued that it was following
Federal law, or more precisely the federal Controlled Substance Act (CSA), and
thus the Federal law preempted State law, which would allow its ordinance to be
enforceable.
The court had to determine this issue through statutory
interpretation, which meant looking to the intent of the laws called into
question, including the Michigan Medical Marihuana Act (MMMA), the City of
Wyoming ordinance, and the CSA. The court explained that the ordinance provided
for civil sanctions, yet the MMMA immunity forbids any penalty when acting
within the scope and confines of the Act’s provisions.
Moreover, the federal law does not preempt (or overrule) the
MMMA because States are allowed maintain specific police powers while the
Federal Government enforces its own enactments. The Feds cannot require or mandate
States to enforce federal statutes or enactments. Further, even though the Feds
are allowed to pass laws criminalizing medical marihuana, it cannot require a
State to do the same.
Therefore, the MMMA can be used by anyone within the state,
in any county, so long as the individual qualifies for the act and follow it
requirements. A city does not have the right to enforce an outright ban on
Medical Marihuana.
PLEASE DO NOT RELY ON THESE LEGAL
OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES
ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND
MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY
AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE.
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