Jacob Bell
New Member
ROYAL OAK — The city is being sued by a cancer patient who claims the zoning restrictions on medical marijuana that went into effect today violate the Michigan Constitution and state law.
Adam Leslie Brook of Royal Oak filed a lawsuit Thursday afternoon against the city, city clerk, building official and mayor in Oakland County Circuit Court.
Brook had threatened to sue the city Jan. 24, when the City Commission approved a zoning ordinance that allows qualifying patients to use medical marijuana but bans all commercial and residential growing operations.
The plaintiff's attorney, Joseph Niskar, contends that Royal Oak's new law conflicts with the Michigan Medical Marijuana Act (MMMA) passed by voters in 2008, including 72 percent of Royal Oak voters. He said the zoning ordinance is vague in its definition of "use," which under the state law includes cultivating and manufacturing.
State law says a qualifying patient can grow up to 12 plants and registered caregivers can do the same for up to five patients for a total of 60 plants.
"The ordinance is contrary to the MMMA and deprives patients and caregivers of their rights under the act," the lawsuit says.
The lawsuit says Brook will have to make costly and unnecessary efforts to obtain his medicine if he can't grow his own or have a nearby caregiver do it for him.
"... Because plaintiff risks property loss (as a legal nonconforming use), civil penalties, along with having to expend monies for rent and equipment, it violates due process," the lawsuit says.
The lawsuit seeks a declaration that the Royal Oak ordinance is unlawful, a temporary restraining order prohibiting the city from enforcing it, and an injunction to permanently prevent the city from enforcing the ordinance.
News Hawk- GuitarMan313 420 MAGAZINE
Source: dailytribune.com
Author: Catherine Kavanaugh
Contact: Daily Tribune
Copyright: The Daily Tribune
Website: Medical marijuana patient sues Royal Oak
Adam Leslie Brook of Royal Oak filed a lawsuit Thursday afternoon against the city, city clerk, building official and mayor in Oakland County Circuit Court.
Brook had threatened to sue the city Jan. 24, when the City Commission approved a zoning ordinance that allows qualifying patients to use medical marijuana but bans all commercial and residential growing operations.
The plaintiff's attorney, Joseph Niskar, contends that Royal Oak's new law conflicts with the Michigan Medical Marijuana Act (MMMA) passed by voters in 2008, including 72 percent of Royal Oak voters. He said the zoning ordinance is vague in its definition of "use," which under the state law includes cultivating and manufacturing.
State law says a qualifying patient can grow up to 12 plants and registered caregivers can do the same for up to five patients for a total of 60 plants.
"The ordinance is contrary to the MMMA and deprives patients and caregivers of their rights under the act," the lawsuit says.
The lawsuit says Brook will have to make costly and unnecessary efforts to obtain his medicine if he can't grow his own or have a nearby caregiver do it for him.
"... Because plaintiff risks property loss (as a legal nonconforming use), civil penalties, along with having to expend monies for rent and equipment, it violates due process," the lawsuit says.
The lawsuit seeks a declaration that the Royal Oak ordinance is unlawful, a temporary restraining order prohibiting the city from enforcing it, and an injunction to permanently prevent the city from enforcing the ordinance.
News Hawk- GuitarMan313 420 MAGAZINE
Source: dailytribune.com
Author: Catherine Kavanaugh
Contact: Daily Tribune
Copyright: The Daily Tribune
Website: Medical marijuana patient sues Royal Oak
