Green V Oakland Co & Lyon Township

[Eric L. VanDussen]

1/15/11 - Mike Martindale / The Detroit News - http://www.detnews.com/article/20110115/METRO02/101150338/1409/Medical-marijuana-user-sues-to-keep-growing-pot-plants

Lyon Township— A certified medical marijuana user is suing the township and Oakland County for fear they're going to take his medicine — marijuana —from him.

Steven J. Greene received notice Dec. 20 from the township attorney he had 30 days to get rid of marijuana plants inside his mobile home on threat of seizure and prosecution under township ordinance.

A copy of the letter was also sent to the Oakland County Sheriff's Office, which discovered the plants last year after a storm and an attempted break-in set off burglar alarms at Green's address in separate incidents, according to Green's attorney, Thomas Loeb.

Green is HIV positive, on a medical disability and uses marijuana to combat nausea from drugs used to treat his health condition, Loeb said.

"He's the type of person the Michigan medical marijuana laws were created for — a card-carrying, certified user for medical purposes," Loeb said. "I just want to stop them before my client is arrested."

The lawsuit is assigned to Oakland Circuit Judge Martha Anderson. Last month the ACLU filed a similar suit in Wayne Circuit Court against local ordinances in Birmingham, Bloomfield Hills and Livonia.

Loeb said Lyon Township adopted an ordinance in July outlawing any land use in the township not permitted under federal law. Township attorney Matthew Quinn said the ordinance focuses on growing marijuana.

"We aren't challenging medical use of marijuana by qualified residents," Quinn said.

"Our ordinance focuses on any land use which violates federal, state or local ordinance. People can grow marijuana elsewhere, but Lyon Township doesn't want it."

In Michigan, a user certified by the state can possess marijuana and a state-certified caregiver can provide it for up to five certified patients, growing up to 12 plants per patient.

[Eric L. VanDussen]

[mizerman]

Dear Steven Green,

 

I admire you greatly for standing up to the tactics used by the nazi & gestapo regime that want to trample all over our rights!

 

Godspeed.

 

Thanks for posting this Eric.

 

Thanks to the attorneys who are representing Mr. Green.

 

If there is EVER a time that my wife and I need to be the faces on a lawsuit such as this...we will gladly answer the bell.

 

 

Mizerman (and better half)

[Retta]

Thank you for posting this and a big thanks to Mr. Green.

[lawyercaregiver]

This is an important case. I have long thought that cities are within rights to bar marijuana businesses. For example, if the city guy had said they can have dispensaries in other towns, we don't want them in South Lyon I would be on his side.

 

But a city ordinance cannot supersede statutory law. They should win this case- even in Oakland County. This argument that federal law prohibits is totally bogus. Federal law has NO jurisdiction over a guy growing 12 plants in his basement. Bring on the Commerce Clause on that one.

 

The only interesting legal question here is whether CG's can be regulated and even prohibited by city ordinances. I think patients growing for themselves clearly cannot be regulated by the city or the feds. However, there is a federal argument when you have 70-80 plants growing with 10,000 watts and I suppose the city has an interest in things like that plus the dangers of fires, nuisance etc. And yes the answer depends in part on the legitimate interests of the cities (and the feds) when deciding whether a regulation, law or ordinance applies.

[Kingdiamond]

"We aren't challenging medical use of marijuana by qualified residents," Quinn said.

"Our ordinance focuses on any land use which violates federal, state or local ordinance. People can grow marijuana elsewhere, but Lyon Township doesn't want it."

 

 

So all the money this poor guy poured into his residence means nothing?

 

 

The audacity of these council members and city attorneys is staggering please can no lawyer do something about this?