ACLU to ask Wayne County judge to strike down Livonia medical marijuana ban

The American Civil Liberties Union  will try to convince a Wayne County judge today to strike down a Livonia ordinance that bans medical marijuana in any way, shape or form.  The ACLU of Michigan, arguing on behalf of a medical marijuana  patient with multiple sclerosis, claims that the Livonia measure violates the 2008 Michigan Medical Marihuana Act, which legalized medical marijuana.  ACLU Attorney Andy Nickelhoff will present oral arguments at 11 a.m. before Wayne County Circuit Court Judge Wendy M. Baxter.
The ACLU of Michigan filed the case in December on behalf of Birmingham residents Linda Lott, who has suffered from multiple sclerosis for nearly 30 years,  and her husband, Robert Lott, who is prohibited from growing medical marijuana in a building he owns in the city.   The ACLU has argued that Linda Lott, who is confined to a wheelchair and blind, experiences painful and relentless muscle spasms that can no longer be controlled by conventional medications.  Medical marijuana could help, but the Lotts fear arrest and prosecution by local officials if they grow or use medical marijuana in compliance with state law.
The Lotts are also challenging similar ordinances in Birmingham and Bloomfield Hills. The ACLU wants all three ordinances to be declared invalid and unenforceable against medical marijuana patients and caregivers who comply with  state law.  The Livonia ordinance, while not specifically mentioning medical marijuana, prohibits any activity that violates federal law.  Medical marijuana is still technically illegal under federal law. However, the ACLU argues, the  federal government does not prosecute patients and caregivers who comply with their states’ medical marijuana laws.  The ACLU also argues that  Michigan’s marijuana law specifically states that registered patients and their caregivers “shall not be subject to arrest, prosecution, or penalty in any manner” for growing, possessing, or using medical marijuana.
via :  Detroit Free Press
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