Pubdate: Fri, 03 Aug 2012
Source: Grand Rapids Press (MI)
Copyright: 2012 Grand Rapids Press
Contact:  http://www.mlive.com/grand-rapids/
Details: http://www.mapinc.org/media/171
Author: Barton Deiters
Referenced: http://mapinc.org/url/sxhA9uDf

WYOMING MUST EITHER CHANGE ITS MARIJUANA RULES OR APPEAL TO THE STATE 
SUPREME COURT

WYOMING, MI - With its marijuana rules struck down by the state
appeals court, Wyoming is left with two options: change its ordinance
or appeal the case to the Michigan Supreme Court.

Which of these two options will be pursued is still the subject of
debate.

Mayor Jack Poll said while the city has spent less than $3,000 in
legal fees so far in fighting the case, the question remains as to
whether an appeal makes sense.

"I believe there are a lot of people it does help," said Poll
referring to medical marijuana, which had a limited legal use passed
by voters in 2008 in Michigan, as well as a majority of them in the
city of Wyoming.

"We have to look at other cities and see what they have done." Poll,
who is also a pharmacist, said the Michigan Medical Marijuana Act is
significantly flawed in that it conflicts with federal illegal drug
classifications and allows distribution by untrained providers.
Nevertheless, the city must abide by whatever ruling comes from the
courts.

City Council member William VerHulst is inclined to take the case to
the state's highest court.

"I would like to see us move forward and get rid of this crazy law
that voters passed," said VerHulst. I don't like to see the marijuana
sold in the city of Wyoming."

In its ruling this week, the unanimous three-judge panel of the State
Court of Appeals declared that Wyoming cannot keep its marijuana
ordinance, passed in November of 2010, that states: "Uses that are
contrary to federal law, state law, or local ordinance are
prohibited."

Local attorney John TerBeek filed a suit in Kent County Circuit Court
and Judge Dennis Leiber found that the city was within its rights when
it enacted the ordinance.

On appeal, TerBeek was joined by the American Civil Liberties Union,
which prevailed in this case.

Marijuana remains a felony-class drug under federal law, but the state
appeals court wrote that regardless of the federal law, "(Michigan) is
not required to criminalize all uses of medical marijuana and the
immunity afforded to the medical use of marijuana by (The Michigan
Medical Marijuana Act)."

TerBeek said the court made the right call in overturning an attempt
by the city to "cloak a marijuana ban in a city ordinance."

The now-retired attorney, who has used medical marijuana, says he
suffers from diabetes and a neurological disorder that causes
neuropathy and severe pain.

"They don't like marijuana and they don't even know why," TerBeek said
of the city officials.

He said he tried narcotic-based drugs like Vicodin and OxyContin and
nothing worked like medical marijuana.

"(The ruling) rejects the misguided efforts of a few local officials
to undo the results of that historic election," said Dan Korobkin,
ACLU of Michigan staff attorney. "Now that the law is clear, all
cities should take notice and stop threatening to treat patients who
have done nothing wrong like criminals."

The ACLU has also filed similar suits on the east side of the
state.

Poll said the Michigan Medical Marijuana Act and the suit against the
city shows there is a need for reform that may include legalization,
or at least a reclassification of marijuana by the federal government,
making it legal to use it for medical purposes.

Poll said he expects the City Council will meet soon with City
Attorney Jack Sluiter to decide what to do next.
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MAP posted-by: Matt