Pubdate: Mon, 6 Dec 2010
Source: Birmingham Eccentric (MI)
Copyright: 2010 Observer & Eccentric Newspapers
Contact: http://www.hometownlife.com/section/CUSTOMERSERVICE20
Website: http://www.hometownlife.com/section/NEWS02
Details: http://www.mapinc.org/media/5164
Author: Jay M. Grossman, Eccentric Staff Writer
Referenced: http://www.aclumich.org/sites/default/files/Lottcomplaint.pdf
Bookmark: http://www.mapinc.org/people/Linda+Lott
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/Livonia
Bookmark: http://www.mapinc.org/topic/Bloomfield+Hills
Bookmark: http://www.mapinc.org/topic/Birmingham
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

ACLU SUES CITIES OVER MARIJUANA BANS

Linda and Robert Lott want to grow marijuana in a Livonia warehouse 
and smoke it at a private social club Bloomfield Hills.

They also want to smoke marijuana inside their home in Birmingham.

Linda, 61, suffers from multiple sclerosis. Robert, 61, was recently 
diagnosed with glaucoma. Both husband and wife possess 
state-certified cards qualifying them as medical marijuana patients.

Yet they claim local ordinances in the three communities won't let them.

"When Michigan voters passed the medical marijuana ballot initiative, 
I was relieved," said Linda. "My doctor and I knew that it would help 
me fight the muscle spasms and painful symptoms of multiple 
sclerosis. What we didn't realize is that it would be temporary. 
Instead of relief, I now live in fear that I could be arrested by 
local officials for following state law."

On Wednesday, the American Civil Liberties Union of Michigan filed a 
lawsuit against the cities of Birmingham, Bloomfield Hills and 
Livonia on behalf of the Lotts. The lawsuit asks that the city 
ordinances be declared invalid and unenforceable against medical 
marijuana patients and caregivers who comply with the state law.

"The people of Michigan voted overwhelmingly in support of 
compassionate care for patients like Linda Lott whose pain can be 
eased by the use of medical marijuana," said Kary L. Moss, ACLU of 
Michigan executive director. "In a democracy, city commissions do not 
have the power to veto statewide ballot initiatives after they have 
been approved by the voters and enacted into law."

Michigan voters overwhelmingly approved the Medical Marijuana Law in 
2008. Since then, police and the courts have been scrambling for a 
clear understanding of how the law is supposed to work.

In the case of Birmingham, Bloomfield Hills and Livonia, the three 
communities adopted ordinances banning medical marijuana because it's 
still classified as a controlled substance by the federal government.

Birmingham was served with the lawsuit on Thursday. City Attorney Tim 
Currier said the City Commission will review the complaint and likely 
discuss it in closed session Monday. He also plans on meeting with 
Bloomfield Hills City Attorney Bill Hampton to go over the case.

According to the complaint, filed in Wayne County Circuit Court, the 
Lotts own a warehouse in Livonia and are members of a private social 
club in Bloomfield Hills where they take classes and meet with friends.

Birmingham police said they've never had an encounter with either the 
husband or wife.  
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MAP posted-by: Richard Lake