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New Lyon Township Marijuana Caregiver Rules Are A New Low


bobandtorey

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A new ordinance enacted by Oakland County’s Lyon Township would force all persons approved by the state to engage in caregiving for a medical marijuana patient to move into the R1 Residential-Agricultural zone, a move that has motivated at least one area patient and caregiver to take action.

“I had no idea they were trying to do this in my township, until a newspaper reporter called me for a quote,” said Steve Greene, Township resident, medical marijuana program participant and host of the Full Melt radio show. “I told the reporter that this was all feel-good legislation but had no measure of effect because it is indeed rendered unenforceable by the settled law of Ter Beek.”

Greene sued the Township once before on the basis that they were incorrectly enforcing the Michigan Medical Marihuana Act (The Act). In 2011 Township attorney Matthew Quinn said in the Detroit News, ”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.” Greene’s suit against Lyon Township mirrored an action by the ACLU of Michigan against several other cities for the same style of ordinance.

“There is a process to force a public vote on the issue, which substantially prevents the ordinance from going into effect by submitting a notice of intent to challenge the issue by referendum,” Greene told TCC in an exclusive interview. “That measure has a barrier of 888 signatures from registered voters on a petition to get it on the ballot. The ordinance cannot go into effect until the referendum has either failed to gather the necessary signatures or the issue of referendum fails at the ballot box.”
 
Greene filed his notice of intent to challenge with the Township on March 23. In an article in the Detroit Free Press dated March 22, Greene called the new ordinance “a problem” and “unenforceable.”
 
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