Many Michigan Cities Reviewing Current Marijuana Laws
In February of this year, the Michigan Supreme Court ruled unanimously that local officials are forbidden to outlaw the use of medical marijuana within their municipalities. Many cities and townships had already legalized medical marijuana use within their communities. Those that have not will need to look again at their current law.
The ruling, written by Justice Bridget Mary McCormack, also holds that it is not impossible for municipalities to comply with both federal and state marijuana laws. Last year, federal authorities made it clear that they do not intend to block states from easing their laws on marijuana, either for recreational or medical use.
The high court ruled that if a municipality bans marijuana, it is in direct conflict with the Michigan Marihuana Act, and this conflict violates the way in which the Michigan Constitution separates powers of the state and its municipalities.
Bloomfield Hills, Birmingham, Wyoming and Livonia are all communities with laws heavily restricting or completely banning the use of medical marijuana. In the Lansing area, the town of Williamston had banned all marijuana use. It is now amending its ordinances in order to be compliant with the new state law. Delta Township officials have reviewed the potential licensing of caregivers, and have decided that these licenses will be granted.
There are a few communities with laws in place stating that use of marijuana would result in serious penalties, including jail time. However, most of these laws did not specifically mention medical marijuana. They simply stated that anything deemed illegal at a federal level would also be considered illegal within that community.
While only a few cities in mid-Michigan actually banned medical marijuana use, several, including Lansing, embraced it. In Lansing and Jackson, laws were recently passed preventing authorities from prosecuting residents for the use of marijuana in their own homes, even for recreational use.
One only has to look at the recent bills passed in the Senate to know which way the wind appears to be blowing in Michigan. A bill was passed allowing local governments to license and regulate dispensaries. Another extended the same protections currently in place for smoked forms of marijuana, applying them to marijuana extracts. These extracts are a key ingredient in topical salves and edibles.