WYOMING SUED FOR BANNING MEDICAL MARIJUANA, BUT MAYOR DEFENDS POLICY

WYOMING -- A promised legal challenge to the city's decision to ban
medical marijuana is now a reality.

John Ter Beek, a retired attorney and former Godfrey Lee Board of
Education member, said he is licensed to treat his bad back and
diabetes pain with marijuana. He filed suit this week in Kent County
Circuit Court over Wyoming's intent to prohibit medicinal use of the plant.

In the suit, dated Monday, Ter Beek alleges this month's City Council
decision tramples the rights of state voters who approved medical
marijuana at the polls in 2008. The suit also says the decision
violates the second article of the state constitution, which
guarantees citizens' right to pass an initiative that amends state law.

Ter Beek also argues the city's ban is vague and overly broad.

"The city of Wyoming's action in prohibiting private grow facilities
within the privacy of a medical marijuana patient's home is illegal
pursuant to constitutional law and unjust alike," Ter Beek claims in his suit.

But Mayor Jack Poll said the ban shields city residents from possible
hazards of a poorly written state law.

"We're looking to advertise that (Wyoming) isn't the best place to
set up shop (for marijuana)," said Poll, a pharmacist and former
owner of a convenience and liquor store in Wyoming. "We don't want
it, and we think it would be a detriment to the city.

"If nothing else, time will be on our side. If (the ban) defers
(medical marijuana) from the city of Wyoming for any amount of time,
then I feel it's an accomplishment. I'm out to protect our citizens
as long as I can."

Earlier this month, the council cited public safety concerns about
the medical marijuana law, which permits licensed caregivers to grow
up to 60 plants and allows patients to possess up to 2.5 ounces at a
given time.

Ignoring the advice of their attorney, council members voted
unanimously to ban the drug on the grounds it is against federal law.
A second reading of the ordinance next month is required before the
ban takes effect. Paul L. Newby II | The Grand Rapids PressJohn Ter Beek

In his suit, Ter Beek notes a White House statement that called for
the Department of Justice to pursue only large, for-profit growing operations.

"It's a matter of the city taking away people's rights," he said.
"This is the reason I went to law school in the first place. They are
willing to throw the (state) constitution under the bus.

"The only thing I'm seeking is for the court to give us our right,
our freedom, that Wyoming has so ignorantly tried to steal from us."

Earlier this year, Grand Rapids approved regulations to govern the
use of medical marijuana. Many other local cities still are exploring
whether to take any action in response to the state law.

Several Michigan cities also have enacted bans on medical marijuana.
It's unclear whether any of them have been sued because of it.

"To the best of my knowledge, there have been no other suits filed,"
said Wyoming city attorney Jack Sluiter, who advised against a ban
because it might incite a lawsuit. "This is still a Schedule 1
narcotic that is illegal to possess and grow under federal law. We
can try to make this so that it's not a tremendous financial burden
for the city. It depends on how far we have to go."

Like most municipalities, Wyoming is operating under significant
budgetary constraints.

Poll, who is named a co-defendant in the suit, said Wyoming might
seek financial help from sources such as the Michigan Municipal
League, if necessary. The suit could have application to cities
across the state, he said.

Voters in all but one Wyoming precinct supported medical marijuana in
the 2008 vote, but Poll said, "There was a whole lot of
misunderstanding" at the time about the law's potential ramifications.

"There's just way too many unanswered questions (with the law) and,
at some point, they're going to be answered in court," Poll said. "If
it's going to be held up, there are certain conditions that are going
to have to be changed and enforced for this to be a feasible law for
the state."