Michigan Supreme Court to Analyze State and Federal Preemption of Local Zoning Ordinances Outlawing Marijuana Use

On April 3, 2013, the Supreme Court granted the City of Wyoming’s Application for Leave to Appeal the Court of Appeals ruling that its local zoning ordinance, enacted to prohibit use of marijuana, conflicted with the Michigan Medical Marihuana Act (MMMA) and the federal Controlled Substances Act.

The Supreme Court has requested the parties to address whether the local ordinance is preempted by either state or federal law.  This case will likely garner much attention as the MMMA has been under fire for some time and has been addressed at many levels of the judicial system since its enactment.

Here is the COA Opinion: Ter Beek v. City of Wyoming (COA Opinion)

Here is the Supreme Court’s grant order: Ter Beek v. City of Wyoming (Order)

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.