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State Supreme Court Ruling Lines Up With Wyandotte Action on Medical Marijuana Dispensaries

Wyandotte enacted a moratorium on the pot shops in October while awaiting the high court's ruling.

It appears unlikely that a medical marijuana facility will be coming to Wyandotte.

On Friday, the Michigan Supreme Court ruled against dispensaries, saying that people who use medical marijuana must grow their own or get it from a state-licensed caregiver.

This falls in line with a moratorium that Wyandotte placed on the pot shops in October while awaiting a decision from the state's high court.

City officials voted unanimously to enact a moratorium on issuing any certificates of occupancies for medical marijuana facilities until a court ruling on their legality was made. City Attorney William Look .

The ordinance acknowledges the fact that Michigan voters have approved the use of medical marijuana, but said questions still linger over the enforceability of that state law considering that federal law still prohibits the use of marijuana.

"Issues have been raised on whether local governments risk federal sanctions by affirmatively authorizing activities allowed by the state initiative," the resolution reads. "There are a number of unanswered issues and gaps that have been created."

The resolution goes on to say that "increased criminal activity and exposure of marijuana to minors" have arisen in another state that permits medical marijuana.

City Engineer Mark Kowalewski said the city's safest bet is to wait for the Michigan court system to weigh in on the matter.

“The Michigan Court of Appeals has recently made a ruling on the regulation of medical marijuana by cities,” Kowalewski said. “There is also another case scheduled to go before another panel of the Michigan Court of Appeals on this issue. It is my recommendation that a moratorium be adopted concerning any application for a certificate of occupancy for a medical marijuana facility until further clarification on the law may be received and to allow the city to consider the necessity of licensing and making amendments to the zoning ordinance concerning locations of the facilities.”

About five medical marijuana facilities have applied to open in Wyandotte and all have been denied, Kowalewski said.

Now that the court has ruled against the pot shops, Kowalewski said, he'll be consulting again with the city attorney on what, if anything, Wyandotte needs to do next.

Friday's 4-1 decision is the most significant court ruling since voters approved marijuana for certain illnesses in 2008, according to The Associated Press. The state appeals court ruled dispensaries illegal in 2011, but many communities took a hands-off approach while waiting for the Supreme Court to make the ultimate decision.

Several readers sounded off on our orignal story. Check out the comments it generated and then let us know what you think.

Readers also responded to the issue on our Facebook page. Check out that conversation, as well, and let us know what you think.

 

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gary grabowski February 09, 2013 at 08:08 PM
Time for revolution. The people voted for a tax increase for the Zoo and the DIA and the city kept it. The Mi. Supreme Court rules against marijuana dispensaries but allows people to grow their own. What? There are people that need medical marijuana so they can either buy it illegally, or from cities that allow state legal facilities. It won't be long before downtown Wyandotte becomes a ghost town accept for bars, restaurants, (most sell alcohol), cigar bars, and art galleries. We need someone who will start the revolution. Good enough for our country founders, good enough for us.
Big Wille February 09, 2013 at 08:19 PM
Far out man. I just got done smoking a doobie right in front of city hall man. Down with the man. Anyone looking for some smoke you can find me walking down Biddle wearin dirty jeans, a flannel shirt and really long dirty red hair. Yes I'm a ginger, but I'm proud of it and I promise I won't steal your money or smell bad(like other gingers) hit me up 2 for 10. Names Big Willie Waternuts
gary grabowski February 09, 2013 at 08:52 PM
Big Willie Narc.
David Justice February 10, 2013 at 01:32 PM
The resolution goes on to say that "increased criminal activity and exposure of marijuana to minors" have arisen in another state that permits medical marijuana. ARE THEY SERIOUS how does crime go up? Now BARS and DRINKING is where crimes go up, with fights, rapes, drunk driving etc. drakonnan and repressed laws in based on ignorance. over 60% voted for this, now legal in 2 states and in the City of Detroit amoung a few other cities. Yet the Fed Gov allows this confusing to go on, still a class 1 drug which is beyond ridiculous. 100 MILLION people has used or tried marijauna in this county 1 out fo every 3 people, highest age population that approves Legal Marijuana is 55-65. The DEA/Fed Government MUST stop this insanity. Instead of doing this properly like Colorado has where the state runs a TIGHT ship and makes MILLIONS of tax dollars our Asswipe of a Governor suggest more GAS TAX. Like we can afford to pay more money to get to work, narrow minded people like Snyder would rather watch people with medical conditions go to the streets to get there medication then in a safe and controlled envirnonment which would give the state millions of dollars of much needed tax money. California stands to make 1.4 BILLION dollars of revenue for medical marijuana. Instead of the money going back to mexicoto the cartel the state needs to realize this is a viable way to pay for our roads while keeping sick people safe!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
gary grabowski February 10, 2013 at 01:54 PM
First annual Wyandotte Smoke-out @ Bishop Park. See Big Willie for details.

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