from the Detroit Metro Times:
By Curt Guyette
It looks as if there's going to be a showdown between the American Civil Liberties Union and Michigan cities it says are using questionable tactics in an apparent attempt to address medical marijuana-related activity within their borders.
The ACLU has sent letters to the cities of Bloomfield Hills and Birmingham asking that they either clarify or rescind recently adopted ordinances the group says could "severely and unlawfully" burden "the rights of medical marijuana patients and caregivers under the Michigan Medical Marihuana Act."
In both cases, the cities approved ordinances with identical language, declaring that it "shall be unlawful for any person or business to engage in any activity, conduct, use or venture in the City that is contrary to federal, state or local laws or ordinances ..."
Livonia previously passed an ordinance containing similar language, but has not yet been contacted by the ACLU.
Although Michigan law now sanctions the use of marijuana by state-approved patients, and allows designated caregivers to grow plants, any use or possession is still
technically a violation of federal law.
Adding yet another dimension to the controversy, though, is a directive issued by the U.S. Justice Department last October telling federal prosecutors in the 14 states where medical marijuana has been approved that they should make prosecution of patients and caregivers a low priority.
In other words, the ACLU is saying, while the feds are signaling they won't harass legitimate patients and caregivers, municipalities such as Bloomfield Hills and Birmingham are passing ordinances that attempt to use violation of federal law as a way to curtail what would otherwise be legal activity. ..........(more)
The complete piece is at:
http://www.metrotimes.com/news/story.asp?id=15278