LANSING (WWJ/AP) – The Michigan Supreme Court says it will consider 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 in the Grand Rapids area. Justices want to know if the zoning ordinance is superseded by Michigan’s voter-approved medical marijuana law.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. He lost in a Kent County court but won in the state appeals court.
Marijuana can be used to alleviate the symptoms of certain illnesses if someone sees a doctor and gets a state-issued card. Under the state’s current law, people can possess up to two ounces of ready-to-use marijuana and have up to 12 plants in a locked area.
Since the law passed in 2008, state courts have been packed with cases concerning issues concerning the legality of marijuana dispensaries and alleged abuse of the law.
More than 130,000 people have marijuana cards in Michigan, and another 25,000 are registered as caregivers.
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