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Tuesday, July 19, 2016

Detroit Marijuana Business Owners Challenge New Ordinance in the US District Court of Eastern Michigan and Gets Results!

Richard Clement  - Friends of George Cushingberry Jr.

On July 12, 2016 Judge Avery Cohen of the United States District Court Eastern District of Michigan Southern Division agreed with plaintiffs Sons of Hemp against the City of Detroit regarding the new Medical Marijuana Ordinance 3-15. (Case# 16-11492 - Sons of Hemp v City of Detroit) The court deemed this matter appropriate for a decision without an oral argument. Judge Cohn ordered that this case be remanded back to the Wayne County Circuit Court to re-hear the plaintiff’s arguments.

The Sons of Hemp are a group of African American Marijuana Business owners in Detroit who are being adversely affected by this new ordinance going into effect. %100 of all African American owned businesses would be shut down if this ordinance was put into full effect.

Judge Cohn remanded the case back to Wayne County Circuit Court to allow the Sons of Hemp to bring up their arguments regarding their Federal and State Claims of:
  • Unconstitutional taking of property
  • Violation of equal protection laws
  • Violations of due process per U.S.C. 42 of 1983 and State Law (MCL 600.2918)
  • Violations of 1st Amendment protections from Freedom of Religion

Detroit City Attorney Eric Gaabo agreed with the plaintiffs’ claims to argue these points based on Title 42 U.S.C. 1983 and 1985 because the ordinance violates their right to equal protection because it treats them differently than pharmacies.  Judge Cohn concurred with the plaintiffs and remanded this case back to Wayne County Circuit Court.

It is currently legal for a caregiver to dispense medicine to their patients and transfer to other patients from any private home in Detroit. Given the unpleasant choice of conducting business in the neighborhoods, the City prefers to have the traffic on the B1-B4 Zones to keep it out of the neighborhoods.  Federal law prohibits the use of religion in the zoning of property because it violates the 1st amendment regarding religious freedom. 

The ordinance as it is written is un-constitutional and cannot be enforced in it’s current state.  The ordinance adversely affects Marijuana Business owners in Detroit with over-regulation and, it must be re-written to remove any vestiges of racial and religious discrimination. Additionally arguments regarding the use of Drug Free Zones to specifically attack Medical Marijuana businesses in Detroit can also be brought up in a State Court of Law. As it stands now, the Detroit Marijuana Ordinance is suspended until it can be re-heard in Wayne County Circuit Courtroom at a date to be named later. 



2 comments:

Melanie Leahy said...

Good stuff, they held that hearing on a Monday so all the old church going folks could go vote for it while all the people that need this medicine are at work and cannot go vote on the issue

Friends of George Cushingberry said...

On Aug. 2nd, two anti-marijuana county prosecutors were removed from office by the voters in Ostego and Lapeer Counties in Michigan. This vote is a clear notice to prosecutors and politicians to not oppose the will of the people regarding marijuana. If you vote against marijuana, you will lose in the next election!

The people have spoken, and they choose to keep toking.

This is a clear notice to any politician that Cannabis Consumers are not tolerating ANY mess from anyone and, rouge prosecutors will be voted out of office or recalled by Marijuana patients.

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