Michigan Supreme Court Rejects Local Ordinance That Bans Medical Marijuana

Feb 6, 2014

The Michigan Supreme Court has ruled the state’s medical marijuana law preempts a local zoning ordinance that tries to keep marijuana from being used or grown within city limits.

We have more from The Michigan Public Radio Network’s Rick Pluta.

The city of Wyoming in west Michigan tried to ban medical marijuana by banning any substance outlawed by the federal Controlled Substances Act. A medical marijuana user with a state-issued card sued the city.

The state Supreme Court decision was unanimous. It acknowledges the federal law and the state medical marijuana act are not entirely consistent. But it says the state is not stopping the federal government from enforcing the federal law if it chooses to do so. But, it says, Wyoming’s ordinance does step on rights the state has granted medical marijuana users under the state law. The Michigan medical marijuana law was approved by voters in 2008.