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Aclu Urges Oakland County Cities To Respect Rights Of Medical Marijuana Patients

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ACLU Urges Oakland County Cities To Respect Rights of Medical Marijuana Patients





July 29, 2010




CONTACT: Dan Korobkin, ACLU of Michigan staff attorney at 313.578.6824




DETROIT – In a letter today, the American Civil Liberties Union of Michigan urged Bloomfield Hills and Birmingham officials to uphold the rights of medical marijuana patients by clarifying or rescinding city ordinances that violate Michigan’s medical marijuana law.




“The people of Michigan voted overwhelmingly in support of compassionate care for patients whose pain can be eased by the use of medical marijuana,” said Dan Korobkin, staff attorney with the ACLU of Michigan. “Patients shouldn't be forced to give up their rights under state law just because they live in Bloomfield Hills or Birmingham.”




In 2008, the Michigan Medical Marihuana Act was approved on a statewide ballot. Sixty-three percent of voters approved the law statewide, including 70 percent of voters in Birmingham and 62 percent of voters in Bloomfield Hills. This year, however, both cities' commissions enacted ordinances that make it a crime to engage in activity that is “contrary to federal, state or local laws.” Although the ordinances make no mention of medical marijuana, it is clear from media reports and meeting minutes that the purpose of both ordinances is to criminalize medical marijuana, which is still illegal under federal law.


In its 4-page letters, the ACLU noted that the U.S. Justice Department has announced that it will not prosecute patients and caregivers who comply with their states' medical marijuana laws and the voters of Michigan specifically chose to permit Michigan residents with certain ailments to use medical marijuana when recommended by their physician. . By enacting a complete ban on all medical marijuana, Birmingham and Bloomfield Hills are flouting state law and ignoring federal drug policy.


“This is a democracy, and the people have spoken,” said Korobkin. "City commissioners do not have a veto power over state laws they happen to disagree with."




Under the Michigan Medical Marihuana Act, registered patients have the right to use medical marijuana based upon a doctor's recommendation. In addition, registered caregivers have the right to provide medical marijuana for up to five patients. The law also guarantees that patients and caregivers who comply with the state law will not be "subject to arrest, prosecution, or penalty in any manner."




To read the Bloomfield Hills letter, go to: http://www.aclumich.org/sites/default/files/file/Letter%20to%20Bloomfield.pdf.




To read the Birmingham letter, got to: http://www.aclumich.org/sites/default/files/file/Letter%20to%20Birmingham.pdf.

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Just got logged back on after being severed from the site for over a day!


Well, that sure wasn't much fun - even a bit distressing, to say the least - but, then I finally get back on to the site tonight (whooh! hoooh!)... and, I tune in to see this thread.


I have to say: I feel a bit better now.


Always good to see the ACLU hoist the sails for a worthy purpose.


Hope is a powerful thing.


Where would Humanity be without ...


Compassionate, Hopeful, Activating, Michigan People (the real CHAMPs!)...


Like all of you?


Shudder to think.


Thanks to ALL!



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Thank you Brandy for sharing with us, much respect for that.


Maybe this letter should be sent to all the cities before the postage goes up, well, ones without email :rolleyes:


Could not +rep Brandy as am out for the day, geeeeeeez O pete, dudly hog tied again :zoro:

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“This is a democracy, and the people have spoken,” said Korobkin. "City commissioners do not have a veto power over state laws they happen to disagree with."





Michael A.  Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

Email: michael@komornlaw.com 

Website: www.komornlaw.com

Check out our Radio show:http://www.blogtalkradio.com/planetgreentrees

NEW CALL IN NUMBER:  (347) 326-9626

Live Every Wednesday 8-9:30 p.m.

PLANET GREENTREES  w/ Attorney Michael Komorn 

The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD. 

 If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air.


PLANET GREENTREES Call-in Number: (347) 326-9626

Call-in Number: (347) 326-9626     

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This seems to be the broadside response to the prohibitionist efforts to circumvent state law

I can hardly wait to see how Ypsitownship officials respond to their letter

They have not gone quite as far as others but their ordinance still contravenes State Law and the will of their own constituents as this area voted 72% in favor of the MMMA

I hope they have taken note of this and other facts and will now do the right thing and just kill the bill and write one that follows the MMMA. Worry about electrical issues or other normal concerns of a township. Nuisance and Noise are your proper purview

I already joined the ACLU at the 50$ level and I will wear that t-shirt to the next township meeting

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