The City of Troy is being sued after enacting a new ordinance regulating the number of people allowed to grow medical marijuana.
The lawsuit was filed Wednesday in Oakland County Circuit Court by Royal Oak-based Cannabis Legal Group on behalf of several medical marijuana caregivers and one property owner in Troy. It was prompted by Troy’s new regulation – approved unanimously by the city council April 23 – requiring the 78 medical marijuana caregivers who grow cannabis under a special permit to obtain a city license to do so. The city’s stated goal is to license just 36 grow operations per year, though it’s recognized that might not happen right away due to the number of caregivers operating under special permit.
Registered medical marijuana patients who grow cannabis only for themselves to consume in their own homes aren’t required to obtain the license, provided they are in compliance with the Michigan Medical Marihuana Act.
But according to Barton Morris, Cannabis Legal Group’s founder, there are several legal issues with Troy’s new regulation.
“I think the ordinance itself is in violation of state law,” Morris said. “Michigan’s MMA allows caregivers to grow anywhere they want. Troy only wants 36 growers? There’s no legal basis for that – you can’t limit the number of caregivers. That makes me laugh.”
The lawsuit further states that the ordinance is invalid because it was enacted without first submitting it to the city’s Zoning Board of Appeals and holding a public hearing, as required by the state’s Zoning Enabling Act. In addition, the ordinance unlawfully adds additional restrictions to the MMMA which prohibits medical marijuana only on school buses, on school grounds and in correctional facilities.
Morris also said the ordinance calls for inspections of the licensed grow operations with just