Court: Local laws can't pre-empt medical marijuana law

Feb 6, 2014

The Michigan Supreme Court has ruled against a city that tried to ban medical marijuana within its city limits.

The sale and possession of marijuana is illegal under federal law. So the city of Wyoming, outside Grand Rapids, tried to outlaw 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, and won.

The state Supreme Court decision was unanimous. It says the state is not stopping the federal government from enforcing the federal law if it chooses to do so. But, it says, Wyoming’s ordinance steps on rights the state has granted medical marijuana users under the state law.

The Michigan medical marijuana law was approved by voters in 2008.