Steven J. Greene received notice Dec. 20 from the township attorney he had 30 days to get rid of marijuana plants inside his mobile home on threat of seizure and prosecution under township ordinance.
A copy of the letter was also sent to the Oakland County Sheriff’s Office, which discovered the plants last year after a storm and an attempted break-in set off burglar alarms at Green’s address in separate incidents, according to Green’s attorney, Thomas Loeb.
Green is HIV positive, on a medical disability and uses marijuana to combat nausea from drugs used to treat his health condition, Loeb said.
“He’s the type of person the Michigan medical marijuana laws were created for — a card-carrying, certified user for medical purposes,” Loeb said. “I just want to stop them before my client is arrested.”
The lawsuit is assigned to Oakland Circuit Judge Martha Anderson. Last month the ACLU filed a similar suit in Wayne Circuit Court against local ordinances in Birmingham, Bloomfield Hills and Livonia.
Loeb said Lyon Township adopted an ordinance in July outlawing any land use in the township not permitted under federal law. Township attorney Matthew Quinn said the ordinance focuses on growing marijuana.
“We aren’t challenging medical use of marijuana by qualified residents,” Quinn said.
“Our ordinance focuses on any land use which violates federal, state or local ordinance. People can grow marijuana elsewhere, but Lyon Township doesn’t want it.”
In Michigan, a user certified by the state can possess marijuana and a state-certified caregiver can provide it for up to five certified patients, growing up to 12 plants per patient.
via : The Detroit News
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