Local Ordinances and the MMMA Michigan www.micannabislaywer.com

Local Ordinances and the MMMA Michigan

If you are Michigan Marijuana caregiver you might want to know that many local municipalities are creating conflicting local ordinances and the Michigan Medical Marijuana Act (MMMA Michigan).

Charter Township of York and the MMMA Michigan

This case is a court of appeals case in which a conflict between 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 MMMA. The township started the legal proceeding with legal action to prevent the defendants from growing their medical marijuana. A local home occupation ordinance was sited as well as the local ordinance regulating medical marijuana grows.

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 judgment and held that the local ordinance directly conflicted with 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 Michigan.

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 MMMA Michigan 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 were 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.

Contact a Cannabis Lawyer today to talk about the MMMA Michigan

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See Also:

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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.

“I started thinking about my mom going to jail for using cannabis and that’s kind of like what spurred the thought about going to law school,” he said. “I decided to actually do that, to help keep people like my mom out of jail.”

Joshua Covert, Michigan Cannabis Lawyers

Read the article Four people in the pot trade from the Lansing City Pulse.

Attorney Joshua Covert Speaks at UNRIG THE SYSTEM Event in Lansing

Attorney Joshua Covert

Attorney Joshua Covert speaks at Unrig The System at 4-15-18 in Lansing Michigan.

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Ann Arbor’s Annual Hash Bash

John Sinclair paved the way for what is now known as Hash Bash.

This event that takes place each year in Ann Arbor, Michigan to celebrate and support the movement toward the legalization of marijuana in our great state. Ann Arbors Hash Bash is a great way to stick it to the man and celebrate cannabis.

John Sinclair was imprisoned for over two years after attempting to furnish a police officer with a marijuana joint. After his conviction was overturned by the Michigan Supreme Court, a 21-day period existed in Michigan wherein marijuana was technically legal, and the event now known as Hash Bash was born.

At a time when Michigan is in the midst of implementing a regulatory system to facilitate the cultivation and acquisition of medical marihuana, and with greater than ever support for the legalization of recreational use and possession of marijuana by Michigan citizens, this year’s Hash Bash may be the last of its kind, as activists and those alike have for so long gathered to advocate and educate for the push toward legalization of marijuana. Their efforts have not gone unnoticed, and may soon be celebrated as Michigan edges closer and closer to legalizing marijuana.

The Michigan Cannabis Lawyers attended the 2018 Hash Bash and were energized and inspired listening to the wonderful speakers.  After the protest, The Michigan Cannabis Lawyers headed over to the Monroe Street Fair for a continuation of the good times.

2019 Hash Bash

We were excited to see that the Monroe Street fair was even bigger than previous years and yet the street was as packed as ever, certainly a good sign for both the legalization movement and Hash Bash.

The Michigan Cannabis Lawyers look forward to attending again in 2019 when hopefully marijuana is legal in Michigan.

If you are looking for attorneys who stay up to date on marijuana and cannabis issues, contact the Michigan Cannabis Lawyers at 517-512-8364.

2018 Hash Bash Michigan MICannabisLawyers.com

2018 Hash Bash Michigan

 

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