Wayne County Circuit Court Judge Wendy Baxter determined that Livonia's zoning ordinance, which prohibits marihuana, even for medical purposes; is preempted by the Michigan Medical Marihuana Act (MMMA).  However, Judge Baxter went on further to determine that the MMMA is preempted by the Controlled Substances Act, Act 21 USCS § 801, et seq (CSA) and the Supremacy Clause of the Constitution.  As a result, Livonia's medical marihuana zoning ordinance is no longer valid; however, there is no need for such an ordinance since Judge Baxter ruled the MMMA has been preempted by federal law.  The ACLU intends to appeal this case.

The Wayne County Circuit Court becomes the third court in Michigan to determine the MMMA is preempted by the CSA, under the supremacy clause.  In June, Midland Circuit Court Judge Lauderbach determined that the MMMA is preempted by the CSA, in a case involving 2 individuals requesting to use marihuana for medical purposes, while on parole.  In April, Dearborn District Court Judge Mark Somers ruled that the MMMA is preempted by the CSA, in a case involving an individual charged with possession of marihuana.