ROYAL OAK, MICHIGAN—Cannabis Legal Group of Royal Oak, Michigan has filed suit today against the City of Troy in the Oakland County Circuit Court on behalf of Michigan Marijuana Caregivers located in their city. The lawsuit focuses on the fact that on April 23rd of this year, Troy enacted an ordinance which seeks to reduce the number of cultivation operations from 80 to 36. The suit contends the ordinance is unlawful because many of the provisions are preempted by the Michigan Medical Marijuana Act.
“The ordinance not only would restrict locations of grow operations but would allow on the spot inspections of all licensed grow houses, in direct violation of the Fourth Amendment, which guarantees the right to be free from search and seizure. Additionally, the ordinance amounts to an unconstitutional “regulatory taking” and deprivation of property by our clients, which is unlawful”, Cannabis Legal Group founder, Barton W. Morris, Jr. stated. The Troy ordinance also violates the Michigan Zoning Enabling Act as no mandatory Planning Commission public hearings were held, which is a requirement.
The lawsuit asks that the ordinance be immediately invalidated as it is unlawful and preempted by the MMMA and a Temporary Restraining Order which would deny the City of Troy from taking any enforcement measures.
Cannabis Legal Group has created an association, Michigan Marijuana Business Collective of Troy and its members who are building owners, caregivers and patients who are directly impacted by this unlawful ordinance. The association currently has more than three dozen members who are funding legal costs for this litigation.