The Michigan Supreme Court will soon hear a case involving a local medical marijuana ban. Wyoming, a Grand Rapids suburb, passed an ordinance that made cultivation of marijuana plants a violation of local zoning laws. A medical marijuana patient filed a lawsuit against the ban, losing in district court and winning an appeal.
A similar case is currently being decided in the California Supreme Court. Some 200 California towns and three Michigan cities have banned medical marijuana although it is legal in the state as a whole. Other states have varying rules on the matter. California and Colorado allow local governments to ban marijuana shops but Massachusetts has said local governments will not be able to opt out.
At issue is the question of how medical marijuana patients access the marijuana. Who can grow marijuana and provide it to patients, how much marijuana can they grow, and how many patients can they serve? Some states have capped the number of patients, a regulation easily sidestepped, and others have placed caps on the number of dispensaries.
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