The Craig Fahle Show

Questions Still Linger on Medical Marijuana

Friday, February 7, 2014

The Michigan Supreme Court says local governments can't create ordinances regulating medical marijuana because state law overrides the local changes. The Michigan Supreme Court also acknowledges marijuana use is still illegal under federal law, but the opinion says the state is not preventing the federal government from enforcing that law if it wants.

From Michigan Public Radio Capitol Bureau Chief Rick Pluta: "The city of Wyoming in west Michigan tried to ban medical marijuana by banning any substance outlawed by the federal Controlled Substances Act. A medical marijuana user with a state-issued card sued the city. The state Supreme Court decision was unanimous."

Pluta says Justice Bridget Mary McCormick appears to have been able to successfully bring justices on opposite sides of the aisle together for unanimous opinions on some issues, such as medical marijuana. But Pluta says the latest opinion on the Michigan Medical Marijuana law does not resolve all cannabis issues.

"There are still a lot of open questions out there about what local governments can do," he says. That includes questions about dispensaries.