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ACLU Joins Lawsuit Against City of Wyoming For Banning Medical Marijuana

 

FOR IMMEDIATE RELEASE:

December 16, 2010

 

CONTACT:

Michael Nelson, ACLU of Michigan cooperating attorney, at (616) 559-2665

 

GRAND RAPIDS, MI – The American Civil Liberties Union of Michigan announced today that it will represent a registered patient who is challenging the City of Wyoming’s ordinance banning medical marijuana in direct violation of the Michigan Medical Marihuana Act. The lawsuit was originally filed in November by John Ter Beek, a medical marijuana patient who fears being penalized by local officials if he grows or uses medical marijuana in compliance with state law.

 

“It’s disappointing that elected officials in the City of Wyoming are so quick to ignore the will of the people who overwhelmingly voted for compassionate care for patients like John whose pain is eased by the use of medical marijuana,” said Michael Nelson, ACLU of Michigan cooperating attorney. “Our goal is to uphold the rights of patients and caregivers who have done nothing wrong, but are treated like criminals by local officials.”

 

The ordinance was adopted by the Wyoming City Council against the advice of their city attorney and despite a public outcry. Ter Beek, a retired attorney and medical marijuana patient who suffers from diabetes and a neurological disorder that causes neuropathy and severe pain, filed a lawsuit in November challenging the ordinance. In an amended complaint filed today, the ACLU joined the lawsuit.

 

 

 

“The fact is medical marijuana helps people; it’s helped me,” said Ter Beek. “I’ve tried narcotic-based drugs like Vicodin and OxyContin and nothing worked like medical marijuana. I have more freedom than ever before and I can’t just sit by as our elected officials try to take that away from me and thousands of others.”

 

 

 

In 2008, the Michigan Medical Marihuana Act was approved on a statewide ballot. Sixty-three percent of voters approved the law statewide, including 59 percent of voters in Wyoming. The Wyoming ordinance, while not specifically mentioning medical marijuana, prohibits any violations of federal law. Because medical marijuana is still technically illegal under federal law, the city used this terminology to ban medical marijuana. The federal government, however, does not prosecute patients and caregivers who comply with their states' medical marijuana laws, and the Michigan Medical Marihuana Act specifically states that registered patients and their caregivers "shall not be subject to arrest, prosecution, or penalty in any manner" for growing, possessing, or using medical marijuana.

 

 

 

Just 5 days before Wyoming adopted its ordinance, the ACLU of Michigan filed a similar lawsuit against the cities of Birmingham, Bloomfield Hills and Livonia. The ACLU sent a copy of that lawsuit to Wyoming city officials prior to their vote. Both lawsuits ask that the city ordinances be declared invalid and unenforceable against medical marijuana patients and caregivers who comply with the state law.

 

In addition to Nelson, Ter Beek is represented by ACLU of Michigan Legal Director Michael J. Steinberg, ACLU of Michigan staff attorneys Miriam Aukerman and Dan Korobkin, and ACLU of Michigan Executive Director Kary L. Moss.

 

To read the amended complaint, go to: http://www.aclumich.org/sites/default/files/file/terbeekamendedcomplaint.pdf

 

To read more about the lawsuit challenging ordinances in Birmingham, Bloomfield Hills and Livonia, go to: http://www.aclumich.org/issues/drug-policy/2010-11/1481

 

To read more about the ACLU of Michigan's medical marijuana docket, go to: http://www.aclumich.org/sites/default/files/file/Medical%20Marijuana%20Docket.pdf

 

 

 

 

 

Rana Elmir

 

Communications Director

 

ACLU of Michigan

 

2966 Woodward Ave

 

Detroit, MI 48201

 

 

 

313.578.6816

 

(f)313.578.6811

 

 

 

www.aclumich.org

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Oh thank god let's get the ordinance turned around so I can bring my plants home. Maybe I will hold off on putting my for sale sign up. I was going to get one today. I honestly was I told the wife let's try and sell and move to more friendly surroundings. Still may have to if they don't stop the state from housing all the recently released from prison sex offenders in the hotel 3 blocks from my home. My playgroundin my back yard and a locked fence lets me sleep at night the neighbor kids have to come through the house to come and go. That way I know where they are at all times.

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does this ban take affect 12-21? Should all growers move operations? I say we all move out of Wyoming and leave the city to the Mexicans and sex offenders. There really is no reason for a hard working white guy to stay here. except good tacos, and Rambo cops.

Bad Fishing and snowmobiling, and crappy hot summers.and Homely Women. Can anyone come up with a reason to stay?

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  • 2 years later...

 

ACLU Joins Lawsuit Against City of Wyoming For Banning Medical Marijuana

FOR IMMEDIATE RELEASE:

December 16, 2010

 

CONTACT:

Michael Nelson, ACLU of Michigan cooperating attorney, at (616) 559-2665

 

GRAND RAPIDS, MI – The American Civil Liberties Union of Michigan announced today that it will represent a registered patient who is challenging the City of Wyoming’s ordinance banning medical marijuana in direct violation of the Michigan Medical Marihuana Act. The lawsuit was originally filed in November by John Ter Beek, a medical marijuana patient who fears being penalized by local officials if he grows or uses medical marijuana in compliance with state law.

 

“It’s disappointing that elected officials in the City of Wyoming are so quick to ignore the will of the people who overwhelmingly voted for compassionate care for patients like John whose pain is eased by the use of medical marijuana,” said Michael Nelson, ACLU of Michigan cooperating attorney. “Our goal is to uphold the rights of patients and caregivers who have done nothing wrong, but are treated like criminals by local officials.”

 

The ordinance was adopted by the Wyoming City Council against the advice of their city attorney and despite a public outcry. Ter Beek, a retired attorney and medical marijuana patient who suffers from diabetes and a neurological disorder that causes neuropathy and severe pain, filed a lawsuit in November challenging the ordinance. In an amended complaint filed today, the ACLU joined the lawsuit.

 

 

 

“The fact is medical marijuana helps people; it’s helped me,” said Ter Beek. “I’ve tried narcotic-based drugs like Vicodin and OxyContin and nothing worked like medical marijuana. I have more freedom than ever before and I can’t just sit by as our elected officials try to take that away from me and thousands of others.”

 

 

 

In 2008, the Michigan Medical Marihuana Act was approved on a statewide ballot. Sixty-three percent of voters approved the law statewide, including 59 percent of voters in Wyoming. The Wyoming ordinance, while not specifically mentioning medical marijuana, prohibits any violations of federal law. Because medical marijuana is still technically illegal under federal law, the city used this terminology to ban medical marijuana. The federal government, however, does not prosecute patients and caregivers who comply with their states' medical marijuana laws, and the Michigan Medical Marihuana Act specifically states that registered patients and their caregivers "shall not be subject to arrest, prosecution, or penalty in any manner" for growing, possessing, or using medical marijuana.

 

 

 

Just 5 days before Wyoming adopted its ordinance, the ACLU of Michigan filed a similar lawsuit against the cities of Birmingham, Bloomfield Hills and Livonia. The ACLU sent a copy of that lawsuit to Wyoming city officials prior to their vote. Both lawsuits ask that the city ordinances be declared invalid and unenforceable against medical marijuana patients and caregivers who comply with the state law.

 

In addition to Nelson, Ter Beek is represented by ACLU of Michigan Legal Director Michael J. Steinberg, ACLU of Michigan staff attorneys Miriam Aukerman and Dan Korobkin, and ACLU of Michigan Executive Director Kary L. Moss.

 

To read the amended complaint, go to: http://www.aclumich.org/sites/default/files/file/terbeekamendedcomplaint.pdf

 

To read more about the lawsuit challenging ordinances in Birmingham, Bloomfield Hills and Livonia, go to: http://www.aclumich.org/issues/drug-policy/2010-11/1481

 

To read more about the ACLU of Michigan's medical marijuana docket, go to: http://www.aclumich.org/sites/default/files/file/Medical%20Marijuana%20Docket.pdf

 

 

 

 

 

Rana Elmir

 

Communications Director

 

ACLU of Michigan

 

2966 Woodward Ave

 

Detroit, MI 48201

 

 

 

313.578.6816

 

(f)313.578.6811

 

 

 

www.aclumich.org

a blast from the passed

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