LANSING, Mich. (Feb. 6, 2014) — Wyoming’s zoning ordinance imposing civil penalties for growing and using marijuana doesn’t trump state law, according to a unanimous Michigan Supreme Court opinion released Thursday.
The Michigan Supreme Court has ruled that the ordinance “directly conflicts” with the Michigan Medical Marijuana Act (MMMA).
John Ter Beek, a retired attorney and medical marijuana user, fought against the city alongside the ACLU.
In August 2012, the Michigan Court of Appeals overturned an initial ruling that sided with the city of Wyoming, saying that the city ordinance was void under the MMMA.
The Michigan Supreme Court’s unanimous ruling sides with the Court of Appeals.
They also ruled that the federal controlled substances act (CSA) does not conflict with the MMMA.
According to a release from the Supreme Court, enacting the MMMA allows “a limited class of individuals to engage in certain uses in an effort to provide for the health and welfare of Michigan citizens.”
The law does not change the CSA’s federal criminalization of marijuana for other uses.