Medical marijuana court rulings in Michigan lead to restraining order, AG recall effort
Recent appeals court rulings on the state’s medical marijuana law have led to legal problems for dispensaries and an effort to recall Attorney General Bill Schuette.
On Friday, a judge in Muskegon issued a temporary restraining order against the Greater Michigan Compassion Club, The Muskegon Chronicle reports. The paper reports Judge Timothy Hicks’ order enjoins the group from “operating or maintaining a public nuisance” and from “violating the Michigan Medical Marijuana Act and the Michigan Public Health Code” as interpreted by a recent Michigan Court of Appeals decision declaring dispensaries illegal.
Hicks’ restraining order came in response to an emergency motion filed Friday by Muskegon Township, which is suing the club to force its closing as a public nuisance.
Hicks also ordered the club not to change or destroy any records relating to “transactions, finances, or operations.” The township is seeking those records as part of the discovery process in its lawsuit.
The judge ordered club officials to appear in court at 10:15 a.m. next Monday to “show cause” why he should not issue a preliminary injunction — more lasting than a temporary restraining order — with similar provisions.
Hicks acted after reading an affidavit by Muskegon Township Supervisor David A. Kieft Jr., with accompanying evidence, demonstrating the club was continuing in operation despite last month’s appeals-court ruling in an Isabella County case, which was binding on lower courts statewide.
Meanwhile, on Wednesday medical marijuana activists converged on the state capitol to protest the appeals court rulings and the actions of law enforcement as related to the voter approved law, reports the Associated Press.
Also on Wednesday, a medical marijuana advocate won approval of recall petition language targeting Republican Attorney General Bill Schuette. On two other occasions, Richard C. Clement Sr, 54, of Lansing has submitted language to the Midland County Election Commission, only to see the language rejected, reports The Saginaw News.
“I just didn’t give up,” he said after the brief hearing. Clement is a member of the Michigan chapter of the National Organization for the Reform of Marijuana Laws. “There wasn’t a lawyers only sign over the courtroom. The law is for the people, and no one should be afraid.”
In order for a recall election to be scheduled, Clement and his supporters will need to gather 807,000 signatures.