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:
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
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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