Aclu To Ask Wayne County Judge To Strike Down Livonia Medical Marijuana Ban

[Michael Komorn]

 

ACLU to ask Wayne County judge to strike down Livonia medical marijuana ban

 

http://www.freep.com/article/20110614/NEWS02/110614004/ACLU-ask-Wayne-County-judge-strike-down-Livonia-medical-marijuana-ban?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

BY TRESA BALDAS

DETROIT FREE PRESS STAFF WRITER

 

The American Civil Liberties Union will try to convince a Wayne County judge today to strike down a Livonia ordinance that bans medical marijuana in any way, shape or form.

The ACLU of Michigan, arguing on behalf of a medical marijuana patient with multiple sclerosis, claims that the Livonia measure violates the 2008 Michigan Medical Marihuana Act, which legalized medical marijuana. ACLU Attorney Andy Nickelhoff will present oral arguments at 11 a.m. before Wayne County Circuit Court Judge Wendy M. Baxter.

The ACLU of Michigan filed the case in December on behalf of Birmingham residents Linda Lott, who has suffered from multiple sclerosis for nearly 30 years, and her husband, Robert Lott, who is prohibited from growing medical marijuana in a building he owns in the city.

The ACLU has argued that Linda Lott, who is confined to a wheelchair and blind, experiences painful and relentless muscle spasms that can no longer be controlled by conventional medications. Medical marijuana could help, but the Lotts fear arrest and prosecution by local officials if they grow or use medical marijuana in compliance with state law.

The Lotts are also challenging similar ordinances in Birmingham and Bloomfield Hills. The ACLU wants all three ordinances to be declared invalid and unenforceable against medical marijuana patients and caregivers who comply with state law.

The Livonia ordinance, while not specifically mentioning medical marijuana, prohibits any activity that violates federal law. Medical marijuana is still technically illegal under federal law. However, the ACLU argues, the federal government does not prosecute patients and caregivers who comply with their states' medical marijuana laws.

The ACLU also argues that Michigan’s marijuana law 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.

 

[Dr. Bob]

Good argument, excellent patient, let's see how this pans out. The question raised is a very good one, can local communities 'enforce' federal law when the feds do not elect to enforce it.

 

Dr. Bob

[Kingdiamond]

If this judge overturns the bans it should get the ball rolling on the many other townships and citys who think they can make things up as they go and i cant wait time to show these people they cant kill a statewide vote of 63% because of their views on medical marijuana .

[Poshhhh]

However, the ACLU argues, the federal government does not prosecute patients and caregivers who comply with their states' medical marijuana laws.

 

It makes sense because it is always the State Trooper and local police cars escorting the DEA Enforcement Teams to the door. Then once an arrest is made it has to go through the State courts. So technically the court is breaking the laws regularly.

 

WMET told me that they call in the Troopers as a badge at the door cause their enforcement people don't wear uniforms. No they do it to get the State involved so they have to take action. The local police and State have to quit being a styme to the DEA and tell them NO we will not be your a part of your game to infiltrate our communties by air land or sea!

[Brad]

When is a decision expected, does anyone know?

[Brad]

Decision expected June 30.

[Uncle Bud]

Free the weed and leave us be.