© 2021 MICHIGAN RADIO
91.7 Ann Arbor/Detroit 104.1 Grand Rapids 91.3 Port Huron 89.7 Lansing 91.1 Flint
Play Live Radio
Next Up:
0:00
0:00
Available On Air Stations
Criminal Justice & Legal System

Michigan Supreme Court to consider medical marijuana ban

John Ter Beek
Lindsey Smith
/
Michigan Radio
Attorney and medical marijuana patient John Ter Beek informs council he's planning a recall campaign

The Michigan Supreme Court says it will consider the legality of a city's zoning ordinance that prohibits the use, manufacture or cultivation of medical marijuana.

The court issued an order Wednesday agreeing to hear an appeal filed by the city of Wyoming in the Grand Rapids area. Justices want to know if the zoning ordinance is superseded by Michigan's 2008 voter-approved medical marijuana law.

Significantly, the court also plans to consider if the state law is pre-empted by a federal law that makes marijuana use illegal.

Retired attorney and qualified medical marijuana patient John Ter Beek sued Wyoming after council members voted in 2010 to make marijuana use illegal under the federal Controlled Substances Act. He lost in a Kent County court but won in the state appeals court.

Related Content