Kent County Circuit Court Judge Dennis Leiber recently granted the City of Wyoming's motion for summary disposition to dismiss John Ter Beek's injunction request.  Ter Beek was seeking an injunction to prohibit the City of Wyoming from enforcing its zoning ordinance, which prohibits any land uses contrary to federal law.  Ter Beek feared being found in violation of the zoning ordinance for either using or growing marihuana in his dwelling in compliance with Michigan's Medical Marihuana Act ("MMMA").  The Court noted that while the MMMA recognizes medical uses for marihuana, "Congress recognizes no accepted medical use for marijuana."  As a result, the Court determined that the MMMA stands as an obstacle to the implementation and execution of the full purposes and objectives of the Controlled Substances Act (CSA), 21 USC § 801 et seq ("CSA"); and further the MMMA is preempted by Congress' intent to occupy the entire field regulated.  With this decision, the Kent County Circuit Court becomes the fourth court in Michigan to determine that the MMMA is preempted by the CSA.  Earlier this year, both the Wayne County and Midland County Circuit Courts determined that the MMMA is preempted by the CSA; and prior to that, a Dearborn District Court Judge similarly ruled.

Both Wayne County and Kent County were persuaded by the Oregon Supreme Court decision, Emerald Steel Fabricators, Inc v Bureau of Labor and Industries, 348 Or 159 (2010).  In that case the Oregon Supreme Court ruled that the Oregon Medical Marijuana Act affirmatively authorizing the use of medical marijuana was preempted by the Federal Controlled Substances Act.