Lawyers for Cannabis
Michigan Regulation and Taxation of Marijuana Act
WHAT CAN YOU DO?
IF YOU DON’ T FOLLOW THE MRTMA
This case is a court of appeals case in which a conflict between a local ordinances and medical marijuana laws were at issue. The Charter Township of York ordinance was found to have violated the protections provided by the Michigan Medical Marihuana Act(MMMA). The Charter Township of York started the legal proceedings by seeking a declaratory judgment which would have prevented the Defendants from growing their medical marihuana because it violated the local home occupation ordinance and the local ordinance regulating medical marihuana grows.
The issues the Charter Township of York had with the marihuana grow are that it violated the home occupation ordinance because the registered caregiver (the person possessing and cultivating the marijuana plants) did not live at the address and the grow was an outdoor building and not attached to the main residence. These were both violations of the home occupation ordinance. Further, the Charter Township of York also had passed a local ordinance to regulate medical marihuana caregivers. This ordinance did not allow outdoor grows and required all necessary permits to be obtained.
The trial court did not grant the declaratory judgement and held that the local ordinance directly conflicted the MMMA. This meant that the local ordinances as applied in this case were not applicable to local residents who were registered qualifying caregivers under the MMMA.
The Charter Township of York appeal this decision to the Michigan Court of appeals and argued that the zoning law “permitted it to regulate medical marijuana and restrict registered caregivers’ marijuana growing to indoors in areas zoned residential” Charter Township of York v. Miller, 335344, 2018 WL 472187, at *2 (Mich. App. Jan. 18, 2018).
The Michigan Court of appeals in a published decision disagreed with the Charter Townships arguments and the MMMA was ruled to have preempted the local ordinance. The MMA clearly states that “A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient’s medical use of marihuana” (Mich. Comp. Laws Ann. § 333.26424 (West)).
The result in this case is that only the regulations contained within the Medical marihuana act will apply to your grow. The home occupation ordinance in this case was void as applied to MMMA caregivers and patients and preempted by the MMMA. The regulations prohibiting outdoor grows or growing in unattached buildings was also preempted by the MMMA. The defendants were though required to abide by and obtain the required permits for the construction code and building permits.
This case is important for all caregivers because many local municipalities are creating local ordinances that conflict with the MMMA. If your local township has a local ordinance that you believe conflicts with the MMMA, call the Michigan Cannabis Lawyers at 517-512-8364.
Marijuana attorney Joshua Covert was recently interviewed by the Lansing City Pulse in the annual 4/20 edition. The article discusses his work as a Cannabis Lawyer and how he fights the drug war. Read the article here.
Attorney Joshua Covert speaks at Unrig The System at 4-15-18 in Lansing Michigan.
On Sunday April 15th attorney Joshua Covert spoke at an event in Lansing geared to sharing information about local activism and grassroots efforts to empower citizens to play a larger role in the political process. The event was put on by Unrig The System a nationwide organization with a chapter in Michigan (visit their facebook page here). Mr. Covert spoke as an attorney and activist involved in marijuana policy reform. Mr. Covert spoke about his work as a board member of milegalize, a 2016 voter initiative campaign, and how important the voter initiative process is for citizens.
The event was originally scheduled to be held on the State Capitol grounds but because of weather was relocated to the Midtown Brewing Company. Mr. Covert was pleased to hear the other speakers at the event but was excited to see that longtime friend and fellow cannabis activist Steven Lull (The Green Union) was also on the schedule. It is important for Mr. Covert to speak to groups about political involvement and activism because of his belief that in our current form of government our legislators often don’t listen to the will of their constituents. “It is obvious that our government in Lansing hasn’t been listening to the citizens of Michigan in regards to marijuana or cannabis policy reform, legalization polls extremely high and most metropolitan areas have already legalized marijuana at the local level yet legalization is being done by the people via the voter initiative process and not by our elected legislators.”
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1129 N Washington
Lansing, MI 48906