Ter Beek v. City of Wyoming

John Ter Beek filed an action against the City of Wyoming, seeking to have a city zoning ordinance declared void and an injunction entered prohibiting its enforcement. Ter Beek was a qualifying patient and held a registry identification card under the Michigan Medical Marijuana Act (MMMA). He wanted to grow and use marijuana for medical purposes in his home and argued that section 4(a) of the MMMA, MCL 333.26424(a), preempted the ordinance. Both parties moved for summary judgment. Ter Beek argued that because the federal controlled substances act (CSA) prohibited the use, manufacture, or cultivation of marijuana, the ordinance likewise prohibited the use, manufacture, or cultivation of marijuana for medical use and therefore conflicted with and was preempted by the MMMA. The city argued instead that the CSA preempted the MMMA. The court granted the City's motion, agreeing that the CSA preempted the MMMA. Ter Beek appealed. The Court of Appeals reversed, concluding that the ordinance conflicted with sec. 4(a) of the MMMA and that the CSA did not preempt 4(a) because it was possible to comply with both statutes simultaneously and the state-law immunity for certain medical marijuana patients under 4(a) did not stand as an obstacle to the federal regulation of marijuana use. The City appealed. The Supreme Court concluded section 4(a) of the MMMA was not preempted by the federal controlled substances act, but 4(a) preempted the ordinance because the ordinance directly conflicted with the MMMA. View "Ter Beek v. City of Wyoming" on Justia Law