ACLU SUES BIRMINGHAM, BLOOMFIELD HILLS OVER MARIJUANA RESTRICTIONS

The American Civil Liberties Union of Michigan filed a lawsuit today
against the cities of Birmingham, Bloomfield Hills and Livonia on
behalf of a registered medical marijuana patient with multiple
sclerosis and her husband who fear arrest and prosecution by local
officials if they grow or use medical marijuana in compliance with state law.

Linda Lott, 61, is a Birmingham resident who has suffered from
multiple sclerosis for 28 years. Confined to a wheelchair and blind,
Lott experiences painful and relentless muscle spasms that can no
longer be controlled by conventional medications. Soon after Michigan
enacted its medical marijuana law, Lott received approval from her
doctor to register as a medical marijuana patient.

"When Michigan voters passed the medical marijuana ballot initiative,
I was relieved. My doctor and I knew that it would help me fight the
muscle spasms and painful symptoms of multiple sclerosis. What we
didn't realize is that it would be temporary," said Lott. "Instead of
relief, I now live in fear that I could be arrested by local
officials for following state law."

Michigan voters adopted the Medical Marijuana Law in 2008. Since
then, police and the courts have been scrambling for a clear
understanding of how the law is supposed to work.

In the case of Birmingham, Bloomfield Hills and Livonia, the three
communities adopted ordinances banning medical marijuana because it's
still classified as a controlled substance by the federal government.
Birmingham City Attorney Tim Currier said the ordinance targets
dispensaries, not caregivers and patients.

Birmingham's Deputy Police Chief Mark Clemence went a step further,
saying if a motorist carrying marijuana is stopped by police, the
person would be released at the scene if they had proper
documentation identifying them as a patient or caregiver. Also, the
amount of marijuana would have to fall under the legal maximum limit
of 2.5 ounces.

"The people of Michigan voted overwhelmingly in support of
compassionate care for patients like Linda Lott whose pain can be
eased by the use of medical marijuana," said Kary L. Moss, ACLU of
Michigan executive director.

"In a democracy, city commissions do not have the power to veto
statewide ballot initiatives after they have been approved by the
voters and enacted into law."

The ACLU's lawsuit asks that the city ordinances be declared invalid
and unenforceable against medical marijuana patients and caregivers
who comply with the state law.