Editors Note: This is the second in a series of articles from Matt Catchick on the MMMA. To read the first CLICK HERE.
Can a City try to hide behind Federal Laws to overcome the voters of Michigan? The answer is NO. Yet another controversy surrounding the Michigan Medical Marijuana Act (MMMA) formed recently, when the City of Wyoming changed its Zoning Ordinance, banning ALL uses of Marijuana that broke Federal Laws. This change would make any use of the drug illegal, even if it is approved under the MMMA.
A man sued the City of Wyoming for its overly-broad ordinance. In the case, the Michigan Court of Appeals sided with the man, stating that because the MMMA permits Marijuana use for medical purposes, but is not mandatory, it is not impossible for someone to legally comply with both the State MMMA and Federal Laws as to Marijuana use. Because the MMMA grants immunity from only State prosecution, and not Federal Prosecution, Michigan Laws concerning Marijuana are not preempted by the laws of the Federal Government.
This case is a wonderful example of our State Higher Courts siding with Medical Marijuana Patients against authorities attempting to weaken the supremacy of the People.
Dailey Law Firm
If you are charged with any crime involving Marijuana or any other drugs, please call Attorney Matt Catchick at the Dailey Law Firm for a FREE initial consultation to discuss all your defenses and options. For over 15 years, Matt has successfully defended hundreds of drug cases all over Michigan.