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News (Media Awareness Project) - US MI: Lawsuit Against Township Targets Medical Marijuana Ordinances
Title:US MI: Lawsuit Against Township Targets Medical Marijuana Ordinances
Published On:2010-12-15
Source:Birmingham Eccentric (MI)
Fetched On:2010-12-17 03:00:05
LAWSUIT AGAINST TOWNSHIP TARGETS MEDICAL MARIJUANA ORDINANCES

Bloomfield Township has been slapped with a lawsuit over its medical
marijuana ordinances.

On Tuesday, the Law Offices of Thomas M. Loeb, Esq. of Farmington
Hills, and Neil Rockind, P.C. of Southfield, filed a joint law suit
in the Oakland County Circuit Court against the township. The case,
which will be heard by Judge Denise Langford-Morris, challenges the
medical marijuana ordinance passed by the township in October.

"We filed the suit on behalf of two township residents who are
impacted by the ordinances," Rockind said Wednesday. "We think the
township ordinances are not only unconstitutional, but they directly
conflict with the state law that was passed by 63 percent of the people."

According to the complaint, one of the ordinances requires qualifying
patients and caregivers to register with the Bloomfield Township
Police Department and provide protected and confidential information,
including their name, home address, driver's license number and date of birth.

Rockind said he intends to keep the two clients anonymous.

"That's the whole point," he said. "They shouldn't have to provide
their identity just because they're trying to follow state law. We're
going to do everything to make sure they're right to privacy is protected."

A second ordinance adopted by the township prohibits the cultivation
or distribution of medical marijuana by any registered patient or
caregiver. According to the complaint, these two ordinances are in
direct conflict with the Michigan law passed by voters in 2008.

"These people should have access to this medicine," Loeb said in a
statement issued to the public on Wednesday. "Michigan law gives them
that right. Further, Michigan law protects these patients and
caregivers from divulging protected and confidential information.
These ordinances have taken away that confidentiality and anonymity,
are entirely inconsistent with Michigan law, and should therefore be
rendered unenforceable and void."

Township officials were not available for comment on the lawsuit. The
two law offices are planning to discuss the lawsuit in more detail at
a press conference this afternoon at the Towers Watson Building in Southfield.

Earlier in the month, the American Civil Liberties Union filed a
similar lawsuit against the cities of Birmingham, Bloomfield Hills
and Livonia, claiming their ordinances addressing the medical
marijuana issue conflict with state law.
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