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Court: City Cannot Outlaw Medical Marijuana

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The Michigan Court of Appeals says local governments cannot stop people from growing or using medical marijuana.

The court struck down a local medical marijuana ban in the city of Wyoming. The cities of Birmingham, Bloomfield Hills and Livonia have similar laws on their books.

The three-judge panel was unanimous in its ruling. It said the state’s medical marijuana law preempts local ordinances. The law was approved by voters in 2008. It allows people who get a medical marijuana card to grow and use medical marijuana as a treatment for the symptoms of chronic or terminal illnesses.

The court said local governments cannot use the fact that possession of marijuana remains a federal crime as a way to get around the state law.

The Legislature is working on amendments to the medical marijuana law to define the rules surrounding issues like zoning and dispensaries.

Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987. His journalism background includes stints with UPI, The Elizabeth (NJ) Daily Journal, The (Pontiac, MI) Oakland Press, and WJR. He is also a lifelong public radio listener.
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