Michigan bill would give immunity to local govts. in medical marijuana suits
A new bill sponsored by Sen. Rick Jones (R-Grand Ledge) would amend the state’s medical marijuana laws to give local governments immunity from civil suits over their passage of ordinances that limit the distribution of the substance.
The Kalamazoo Gazette reports:
Municipalities, law enforcement and others are unsure what is and what is not permissible because of lack of clarity in the act, said bill co-sponsor John Proos, R-St. Joseph.
“Can a dispensary be located next to school? These are important determinations that state officials need to be able to make without fear of legal action that would cost the taxpayers even more money,” Proos said.
The bill, which also lists Antwerp Township state Sen. Tonya Schuitmaker as a co-sponsor, would amend the Michigan Medical Marijuana Act to provide protection to the state and municipalities.
It adds this line to the law: “Nothing in this act shall be construed to create a private cause of action against this state or a political subdivision of this state.”
This all results from the fact that the state legislature wrote implementation legislation for the referendum that legalized the use of medical marijuana that was very vague, as Proos admits. So the solution would seem to be to make those state implementation rules more specific and clear up the ambiguity. Proos says that may happen in other legislation.