Pubdate: Wed, 1 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
Cited: ACLU of Michigan http://www.aclumich.org/issues/drug-policy/2010-11/1481
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/topic/Michigan+medical+marijuana

ACLU SUES BIRMINGHAM, BLOOMFIELD HILLS OVER MARIJUANA RESTRICTIONS

The American Civil Liberties Union of Michigan filed a lawsuit today 
against the cities of Birmingham, Bloomfield Hills and Livonia on 
behalf of a registered medical marijuana patient with multiple 
sclerosis and her husband who fear arrest and prosecution by local 
officials if they grow or use medical marijuana in compliance with state law.

Linda Lott, 61, is a Birmingham resident who has suffered from 
multiple sclerosis for 28 years. Confined to a wheelchair and blind, 
Lott experiences painful and relentless muscle spasms that can no 
longer be controlled by conventional medications. Soon after Michigan 
enacted its medical marijuana law, Lott received approval from her 
doctor to register as a medical marijuana patient.

"When Michigan voters passed the medical marijuana ballot initiative, 
I was relieved. 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," said Lott. "Instead of 
relief, I now live in fear that I could be arrested by local 
officials for following state law."

Michigan voters adopted 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 City Attorney Tim Currier said the ordinance targets 
dispensaries, not caregivers and patients.

Birmingham's Deputy Police Chief Mark Clemence went a step further, 
saying if a motorist carrying marijuana is stopped by police, the 
person would be released at the scene if they had proper 
documentation identifying them as a patient or caregiver. Also, the 
amount of marijuana would have to fall under the legal maximum limit 
of 2.5 ounces.

"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."

The ACLU's lawsuit asks that the city ordinances be declared invalid 
and unenforceable against medical marijuana patients and caregivers 
who comply with the state law. 
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