The American Civil Liberties Union of Michigan has requested the Cities of Bloomfield Hills [PDF] and Birmingham [PDF] clarify or rescind their ordinances adopted in reaction to the Michigan Medical Marihuana Act.

Both Oakland County municipalities enacted ordinances that prohibit any use that is "contrary to federal, state or local laws or ordinances...."  The ACLU has asserted that such ordinances violate state law for two reasons: First, the ordinances are preempted by state law because they prohibit activities (the medical use of marihuana) permitted by state law. Second, because local governments derive their powers from state law, they lack the authority to enforce federal law.

Finally, the ACLU notes that the U.S. Justice Department has announced it will not prosecute residents acting in "clear and unambiguous compliance" with state laws authorizing the use of medical marihuana.  Thus, as stated by the ACLU, the ordinances are "taking enforcement action in an area repudiated at the state and federal levels - and by 62 percent of [Michigan] voters."

A reasoned approach to regulating medical marihuana through zoning is possible with the assistance of counsel that understands the complexities invloved.  Please contact us with any questions you may have.