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. 

Something to Do in Detroit in August and September of 2016

By Richard C. Clement
Friends of Cushingberry


The following is a list of things to do in our City of Detroit in August 2016 and September. We have a lot of things going on to keep you busy and involved in our community.

Event Name Start  End  Beg. End. Place Woodbridge Merrick’n Summer Aug 12 Aug 14 5pm 2am Woodbridge Pub  5169 Trumbull Ave Detroit, MI 48208 Sonora Missionary Baptist Church Back To School Picnic Aug 13 Aug 13 1pm 5pm 7738 Sylvester Detroit, MI 48214 Corktown Criterium at Roosevelt Park Aug 13 Aug 13 8am 5pm Cadieux Bicycle Club Roosevelt Park Live Aug 13 Aug 13 4pm 10:30pm Roosevelt Park Detroit, MI 48216 African World Festival (34th Annual) Aug 19 Aug 21 11am 11pm 315 E. Warren  Detroit, MI 48202 MECCA Street Fair Aug 20 Aug 20 12pm 5pm E. Outer Drive between E. Warren and Chandler Park  Detroit MI 48224 Back To School Community Empowerment Rally Aug 20 Aug 20 12pm 4pm 8809 Schoolcraft Detroit, MI 48238 Crusin the "D" Aug 20 Aug 20 9am 9pm 8 Mile Road Palmer Park and perimeter  Detroit, MI 48203 Councilmember Spivey's Annual Family Fun Day and Community Health Fair Aug 27 Aug 27 12pm 12pm 14723 E. Warren Ave Detroit, MI 48215 Dally in the Alley Sep 10 Sep 10 11am 11pm Forest and Second Avenue Detroit, MI 48201 Detroit Mercy Midnight Bicycle Tour Sep 16 Sep 16 8pm 12am 400 W Mc Nichols Road Detroit, MI 48203

If you have any questions on any activity listed above, we recommend that you contact the event organizers.

Make Lives Matter by Showing up to Vote Early. Turn up the Turn Out this Summer in Detroit.

By  Friends of George Cushingberry  Jr.

Black Lives won’t matter if you do not show up to vote!  Councilmember Pro Tem Cushingberry is very adamant about that. If people want change they must speak up with their decision on who is going to run their government. The tragic events in Dallas, Baton Rouge, and Minneapolis this weekend is collateral damage of failing to engage in the direction of the leadership of your community.  

When you vote, start from the back of the ballot so that you don’t miss out on the Judges, and ballot proposals that will determine where your money is going. Voting for judges is more important than voting for Presidents and Representatives because a judge has an immediate impact on your day to day life.

Issues of self-determination, education, law enforcement, and neighborhood economic empowerment can be settled at the ballot box. For instance we have one of the best County Prosecutors in the United States in Kym Worthy because she does not tolerate any B.S. in Wayne County from anyone. Therefore, we are on a mission to turn up the turnout for in August by encouraging people to vote early at the following locations:

• Detroit Elections Bureau on 2978 W. Grand Blvd
• Wayne County Community College East and West Campus at 5901 Conner or 8200 West Outer Drive 
• Coleman Young Municipal Center 2 Woodward Ave  (2^nd Floor)

These locations are open right now until August 1^st, from 8am to 4pm to vote early and be done with it. If you are a Michigan resident and a felon, you can vote by just showing up TO VOTE. As long as you are not physically incarcerated you can vote early and be done with it. If you are 60 years old or more, you get a free pass to vote early absentee. Others people from ages 18 to 59 can vote early too.  For people who do not live in Michigan and require a picture ID, take your cell phone and shoot a selfie with your ballot in your hand and vote like your life depended on it. 

Finally we are encouraging you to Get it Right in Black and White by declaring July 21, 2016 get out and vote early day.  The headquarters for the day will be Desmond's Elegant Affairs Lounge on 12924 Puritan Detroit MI 48227. We will be organizing and taking people to vote early at Wayne County Community College West Campus at 8100 W. Outer Drive Detroit MI 48227. 

Then enjoy the evening at the White Party with Councilmember ProTem George Cushingberry Jr. and friends for an elegant evening of networking and socializing. Come and meet candidates who are running for office in while you are enjoying the elegant service of Business Owner Desmond Gibbons that has put time, effort, and money into his business.

Mr. Gibbons is the kind of business owner that we need in the City of Detroit and we strongly encourage you to support him and other entrepreneurs like the ones on the Livernois Avenue of Fashion and many more businesses in our city.

Hidden Costs in Detroit's Marijuana Ordinance May Force a Re-Write by Concerned Citizens

By Friends of George Cushingberry Jr.

The Medical Marijuana Ordinance drafted by the City of Detroit will cost the taxpayers an additional $100,000 to enforce and, is in conflict with provisions of the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The law firm of Lewis and Munday in Detroit Michigan has been awarded this contract for costs by City Council to defend an ordinance that is violation of US Constitutional 1^st Amendment rights regarding the freedom to worship and practice a religious faith without persecution. The RLUIPA protects individuals, houses of worship, and other religious institutions from discrimination in zoning and land marking laws. The enforcement of this ordinance places an unlawful burden on citizens and business owners that are not members of the church or, practitioners of the religion.  This ordinance may be struck down in a Court of Law because of the 1000ft requirement from a Church or Religious institution.  A defendant may prevail before a jury of their peers based on the legal ramifications of federal law violations.

Business Owners are strongly encouraged to develop a citywide licensing plan that will be fair to everyone and, can be voted upon by all of the citizens.  This includes the use of drive through services just like Rite Aid and McDonalds, Burger King, and Walgreens. There are many examples of churches and liquor stores right next to or, across the street from each other.  There are many examples of day care centers near liquor stores, and drug free zones in Detroit. With the proliferation of charter schools, business owners will face a undue burden of having to relocate because of being near a charter school with NO regulations. The business could have been there before the school was established but, that issue does not matter according to the ordinance as written.  Concerned owners should contact the City Council and Mayors Duggan's office regarding this concern. All interested business owners are strongly encouraged to inform their customers about Jury Nullification and VOTING in August and November for candidates who will bring a sensible solution to the people on Marijuana reform.