By Steve Elliott
Hemp News
A Michigan city's attempt to ban medical marijuana appears to be alive again after the state Supreme Court on Thursday agreed to hear the case.
The state Court of Appeals about seven months ago ruled that a new Wyoming, Mich., ordinance, which essentially bans medical marijuana, was not legal, reports John Tunison of Mlive.com. A three-judge appeals panel ruled unanimously that the Wyoming city ordinance conflicts with the states Medical Marihuana Act.
The court rejected Michigan's argument that state law contradicts the federal prohibition on marijuana, which the U.S. government considers a Schedule I controlled substance with no accepted medical uses.
Medical marijuana patient John Ter Beek, who is an attorney, started fighting the ban after the Wyoming City Council passed the ordinance back in November 2010. Council members who passed the ban said marijuana could be distributed safely by pharmacists (who, by federal law, aren't allowed to touch the stuff), but not by licensed marijuana caregivers.
Ter Beck sued, saying the ordinance went against the will of the state's voters, who by a 63 percent margin approved the law in 2008. Kent County Circuit Judge Dennis Leiber ruled in favor of the city, then the Court of Appeals reversed his ruling.
