Medical Marijuana Patient Sues Over Wyoming's Proposed Ban Of Drug

[smokeythebear]

glad someone stood up and did somthing.

 

hope other citys follow suit that have had "bans" put in effect

 

 

 

 

 

 

 

 

http://www.mlive.com/a2z/index.ssf/2010/11/medical_marijuana_patient_sues_over_wyomings_proposed_ban_of_drug.html

 

 

WYOMING -- John Ter Beek, a retired attorney licensed as a marijuana patient has filed suit in Kent County Circuit Court over Wyoming’s intent to ban medicinal use of the drug.

 

John Ter Beek claims this month’s City Council decision tramples the rights of Michigan voters who at the polls in 2008 OK’d medical marijuana.

 

“I think we’ll win,” said Ter Beek, 58. “We’ve got the (state) Constitution on our side and there’s nothing they can do about it.”

 

City Attorney Jack Sluiter advised against a ban, citing a likely lawsuit. But elected officials Nov. 1 voted unanimously to prohibit medical marijuana because it violates federal law. Several other Michigan cities also have enacted bans on medical marijuana. It’s not clear whether any of them have been sued because of it.

 

Grand Rapids earlier this year passed regulations to govern the use of medical marijuana. Many other local cities still are exploring whether to take any action in response to the state law or not.

 

Wyoming Mayor Jack Poll, a pharmacist, said the law passed by Michigan voters poses public-safety concerns for the city. The suit will force the law to be re-evaluated, he said.

 

“If it’s going to be held up, there are certain conditions that are going to have to be changed and enforced for this to be a feasible law for the state,” Poll said. “There’s just way too many unanswered questions and, at some point, they’re going to be answered in court.

 

“If nothing else, time will be on our side. If it defers (medical marijuana) from the city of Wyoming for any amount of time, then I feel it’s an accomplishment. I’m out to protect our citizens as long as I can.”

 

If necessary, Wyoming may seek financial help for the suit from the Michigan Municipal League, Poll said.

 

Wyoming City Council approved a first reading of the medical marijuana ban Nov. 1. The ordinance is not enacted until a second reading next month.

[bobandtorey]

Mr. Poll it's good to see the Lawyer is ready

[DT61]

"I'm out to protect the citizens as long as I can"

63% of the state said you are now a criminal and denying a patient their legal rights.

[pipefitterman]

Wyoming sued for banning medical marijuana, but mayor defends policy

Published: Wednesday, November 10, 2010, 10:00 AM Updated: Wednesday, November 10, 2010, 10:49 AM

Matt Vande Bunte, The Grand Rapids Press

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20 Comments

WYOMING -- A promised legal challenge to the city's decision to ban medical marijuana is now a reality.

John Ter Beek, a retired attorney and former Godfrey Lee Board of Education member, said he is licensed to treat his bad back and diabetes pain with marijuana. He filed suit this week in Kent County Circuit Court over Wyoming's intent to prohibit medicinal use of the plant.

In the suit, dated Monday, Ter Beek alleges this month's City Council decision tramples the rights of state voters who approved medical marijuana at the polls in 2008. The suit also says the decision violates the second article of the state constitution, which guarantees citizens' right to pass an initiative that amends state law.

Ter Beek also argues the city's ban is vague and overly broad.

"The city of Wyoming's action in prohibiting private grow facilities within the privacy of a medical marijuana patient's home is illegal pursuant to constitutional law and unjust alike," Ter Beek claims in his suit.

But Mayor Jack Poll said the ban shields city residents from possible hazards of a poorly written state law.

"We're looking to advertise that (Wyoming) isn't the best place to set up shop (for marijuana)," said Poll, a pharmacist and former owner of a convenience and liquor store in Wyoming. "We don't want it, and we think it would be a detriment to the city.

"If nothing else, time will be on our side. If (the ban) defers (medical marijuana) from the city of Wyoming for any amount of time, then I feel it's an accomplishment. I'm out to protect our citizens as long as I can."

Earlier this month, the council cited public safety concerns about the medical marijuana law, which permits licensed caregivers to grow up to 60 plants and allows patients to possess up to 2.5 ounces at a given time.

Ignoring the advice of their attorney, council members voted unanimously to ban the drug on the grounds it is against federal law. A second reading of the ordinance next month is required before the ban takes effect.

 

Paul L. Newby II | The Grand Rapids Press

John Ter Beek

In his suit, Ter Beek notes a White House statement that called for the Department of Justice to pursue only large, for-profit growing operations.

"It's a matter of the city taking away people's rights," he said. "This is the reason I went to law school in the first place. They are willing to throw the (state) constitution under the bus.

"The only thing I'm seeking is for the court to give us our right, our freedom, that Wyoming has so ignorantly tried to steal from us."

Earlier this year, Grand Rapids approved regulations to govern the use of medical marijuana. Many other local cities still are exploring whether to take any action in response to the state law.

Several Michigan cities also have enacted bans on medical marijuana. It's unclear whether any of them have been sued because of it.

"To the best of my knowledge, there have been no other suits filed," said Wyoming city attorney Jack Sluiter, who advised against a ban because it might incite a lawsuit. "This is still a Schedule 1 narcotic that is illegal to possess and grow under federal law. We can try to make this so that it's not a tremendous financial burden for the city. It depends on how far we have to go."

Like most municipalities, Wyoming is operating under significant budgetary constraints.

Poll, who is named a co-defendant in the suit, said Wyoming might seek financial help from sources such as the Michigan Municipal League, if necessary. The suit could have application to cities across the state, he said.

Voters in all but one Wyoming precinct supported medical marijuana in the 2008 vote, but Poll said, "There was a whole lot of misunderstanding" at the time about the law's potential ramifications.

"There's just way too many unanswered questions (with the law) and, at some point, they're going to be answered in court," Poll said. "If it's going to be held up, there are certain conditions that are going to have to be changed and enforced for this to be a feasible law for the state."

[Kingdiamond]

And so it begins.....

[backpain57]

marijuana law

Mayor: Taxpayers could pay some, but not much

Updated: Wednesday, 10 Nov 2010, 6:31 PM EST

Published : Wednesday, 10 Nov 2010, 6:18 PM EST

 

By Tony Tagliavia

WYOMING, Mich. (WOOD) - Wyoming Mayor Jack Poll said Wednesday the city -- and its taxpayers -- could face some costs tied to fighting a lawsuit challenging the city's proposed medical marijuana ban.

 

But he said he didn't think the city would shoulder the burden alone.

 

Asked if taxpayers are going to end up on the hook for much of the cost, Poll told 24 Hour News 8 "I don't believe they will. As mayor, I'm not going to allow that to happen."

 

The cost will depend, in part, on how vigorously the city decides to fight the suit, he said. And Poll said outside groups could aid the city in its fight, including a legal defense fund run by an organization that represents Michigan cities.

 

Wyoming resident and retired lawyer John Ter Beek filed suit in Kent County Circuit Court this week, alleging the local ordinance violates the voter-approved state medical marijuana law and goes against the constitutional right to ballot initiatives.

 

"I filed it to protect our rights under state law," he said. Ter Beek, who said he is registered to use medical marijuana to treat pain, called the proposed city law vague and overly broad.

 

The Wyoming city council approved the blanket ban once, but would have to approve it again before it takes effect.

 

Poll said he hasn't seen the suit, so he can't comment on the arguments. But he said the state's marijuana law leaves many unanswered questions.

 

"I don't think it was thoroughly investigated ... In my opinion, [it] got to the people too soon before all the details were ironed out," Poll said.

 

The mayor, who is also a pharmacist, said if marijuana is going to be legalized, it ought to be sent through the normal channels for legal medication.

 

And as state law stands now, Poll said police can't get sufficient information about where marijuana is being grown.

 

"It just seems to me that it just sets up for increased crime in our neighborhoods," he said.

 

Here is the link:http://www.woodtv.com/dpp/news/local/kent_county/Wyoming-sued-over-medical-marijuana-law

[Big J]

Of course poll wants it sent through his so called proper channels so he can profit off it. Like he does selling toxic drugs to sick people now.

[+420Atheist]

So who would foot this bill if not the tax payer? Will we get full disclosure on who the city is getting money from?

[Bisharoo]

So who would foot this bill if not the tax payer? Will we get full disclosure on who the city is getting money from?

 

I believe it has been stated that it is the Municipal League of Michigan.

[wolf]

http://www.woodtv.com/dpp/news/local/kent_county/Wyoming-sued-over-medical-marijuana-law

[+mayorherb]

So who would foot this bill if not the tax payer? Will we get full disclosure on who the city is getting money from?

the pharamsudical company he works for probably..

[backpain57]

"the pharamsudical company he works for probably.. "

 

Good point!

[+EdwardGlen]

Can this suit be turned into a class action against all municipalities who have passed or are planning on passing laws counter to state medical marijuana law?

[DT61]

Yes, Thank you, Mr. Beek -

You have an entire community across the state that anxiously awaits the outcome -

I have zero coin and need a job, BUT - Mr. Beek is not alone in this fight either, I am ready to contribute to his fund if he needs it, may not be much - but with 40,000+ - it can be huge quickly.

[greenbuddha]

If Mr. Ter Beek had posters of himself made up I would purchase one, seriously!

 

He is now one of 'my' heroes.

 

Could help him with his 'legal' expenses.

[Big J]

Yeah he attended the cc meeting tuis weekend he is a very passionate person and needs our support. He is going to be needing money to help fight this. I will get a hold of him and see how we might be able to get him money to help differ the cost. The ACLU is showing some interest I guess. The attorney for the walmart gentelman has offered his help I have heard from an outsider. So let's try and help him and hope we can win.

[BennyMac]

I like how our stupid mayor said "If nothing else, time will be on our side. If it defers (medical marijuana) from the city of Wyoming for any amount of time, then I feel it’s an accomplishment. I’m out to protect our citizens as long as I can." I hate living in Wyoming, but our mayor used to be a pharmacist and sold oxycontins, codeine, vicodin, viagra, OH THOSE ARE GREAT FOR PEOPLE AND COMPLETELY SAFE. I hate Wyoming so much. Now I'm afraid even though I have a card I'm going to get arrested. Their is no way I'm going to get back on Vicodin for my pain I was strung out on that stuff for years. I hope John sues these gentlemen everyday for years until they leave honest people alone!

[stopgo]

From what I've heard and read most government Officials are against people profiting under the protection of the mmma. Therefore if they want to charge people they need to raise quantity and plant limits and charge accordingly. I believe if they were to figure out a way to license and tax dispensaries alot of these politicians would lay off because they would be getting their money. Leave the law as it is, make a provision for the dispensaries so the state and city can get their cut.