Lawsuit Claims Anti-Medical Marijuana Ordinances Violate Mich. Couple’s Rights

12/02/2010 // West Palm Beach, FL, US // Sandra Quinlan // Sandra Quinlan

Birmingham, MI—The American Civil Liberties Union filed a lawsuit on behalf of a Birmingham couple, claiming their rights were violated as a result of anti-medical marijuana ordinances passed in three Michigan cities. The civil rights lawsuit, which asks the cities of Livonia, Birmingham and Bloomfield Hills to repeal such ordinances, was filed on Wednesday, Dec. 1, 2010, as reported by the Detroit Free Press.

According to ACLU executive director Kary Moss, “Each of these cities has adopted an ordinance that effectively bans the use of medical marijuana.”

The suit claims the ordinances “are egregious violations of the Michigan Medical Marijuana Act” and therefore violate the rights of 61-year-old Linda Lott and her unidentified husband. Lott, who has suffered from multiple sclerosis for 28 years, contended she began smoking small doses of marijuana after a Beaumont Hospital neurologist recommended her to do so.

Lott alleges the use of medical marijuana has been a beneficial form of pain management, and has proved successful in controlling her muscle spasms to a certain degree. The couple reportedly wants to be legally permitted to smoke medical marijuana in their home, take the substance to private clubs and grow it in the husband’s Livonia-based warehouse.

Lott also said the pain she experiences “feels like you have a broken bone.” However, an ACLU attorney representing the couple alleged the use of medical marijuana has apparently helped them “have a normal life again as husband and wife.”

The cities of Livonia, Birmingham and Bloomfield Hills all passed ordinances in an attempt to prevent people from dealing the drug illegally.

City officials also claimed the bans were established as a means of curbing potential crimes that they believe could result from state laws being too general “about how medical marijuana can be grown and distributed.”

The case is underway.

Legal News Reporter: Sandra Quinlan– Legal News for Michigan Civil Rights Lawyers.

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