State Supreme Court hears argument to clarify medical marijuana laws

by Michael Krafcik

LANSING, Mich. — Michigan State Supreme Court heard oral arguments Oct 3, 2019 in a case involving a dispute regarding whether a West Michigan township can restrict where medical marijuana is grown.

The outcome of the case could have a far reaching impact as cities and townships work to evaluate their zoning policies for the medical marijuana industry.

Byron Township has an ordinance that bars registered caregivers from growing marijuana at a commercial property. The state appeals court ruled in July 2018 the ordinance conflicts with Michigan's medical marijuana law.

The Michigan Supreme Court heard oral arguments Thursday after Byron Township appealed the Court of Appeals decision.

In March 2016, Byron Township officials informed Christie DeRuiter that operating a medical marijuana business in a commercial zone was in violation of the township’s zoning policy and ordered the plaintiff to cease and desist, setting off a lengthy legal process.

The court says local governments can't restrict where caregivers grow medical marijuana as long as the marijuana is in an "enclosed, locked facility."

"We’re not only the case with this issue. There are several other cases that have been decided favorable. I think the Supreme Court feels it’s time to get involved in this," said DeRuiter's attorney Mark Dodge.

The Medical Marijuana Act, passed into law in 2008, allows an approved patients to grow marijuana plants to kept in an enclosed, locked facility.

Craig Norland, an attorney representing Byron Township, argued the Medical Marijuana Act is too vague and the lower court ruling completely slammed the door on any land use zoning regulation that pertains to caregiver grow operations.

"If you don't correct the decision, you might as well shut the door and throw away the key for any zoning, regulation and land use," Noland argued.

Justice Richard Bernstein noted he was trying to get to the "real-life implications" of the decision.

"If we don't act, someone can move next door to me, start a grow operation. There's really nothing we can do?" Bernstein asked Dodge.

Dodge said the Medical Marijuana Act leaves it up to the caregiver to decide where they can cultivate marijuana.

"The municipality cannot set up an ordinance that steps on the toes of the caregiver in that situation." Dodge said.

The Supreme Court could make a ruling as early as this year.

Dodge said he worries about the implications if the Supreme Court overturns the Court of Appeals decision.

"It's going to leave open a whole spectrum for decisions for these townships to make. It's going to really undercut the caregivers and what we feel the Medical Marijuana Act allows them do and that's to find the place and best place to grow marijuana," said Dodge.