How to fight a marijuana cultivation case under the MMMA

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.

 




Barton Morris (65 Posts)

Barton Morris is the principal attorney of the Cannabis Legal Group, a Royal Oak law firm specializing in all marijuana related legal issues including criminal defense, business law, licensing, consulting, land use and real property. Barton is known as a cannabis law specialist in Michigan having developed this expertise since 2008 with the enactment of the Michigan Medical Marijuana Act. He is a council member of the Marijuana Law Section of the Michigan Bar Association and chair of its science committee. One of the ways Barton has developed his marijuana law specialty is through the training he received becoming the only attorney in Michigan certified by the American Chemical Society as a Forensic Lawyer-Scientist maintaining a focus on marijuana related science. He is also a graduate of the prestigious Gerry Spence Trial Lawyer’s College and sits on its Alumni Board of Directors. Barton maintains board positions with the DUI Defense Lawyers Association and the Michigan Association of OWI attorneys. He also is on the faculty of both of those organizations regularly providing presentations and teaching lawyers from all over the country. Barton has been recognized professionally with several awards including being rated 10/10 by AVVO, and a Super Lawyer Magazine outstanding attorney in 2014, 2015 and 2016. Dbusiness Magazine also named Barton Morris a Top Attorney in Metro Detroit in 2012 and 2013 and named the Cannabis Legal Group the “Face of Cannabis Law” for 2016.


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