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MICHIGAN STATE DISTRICT JUDGE RULES AGAINST
MEDICAL MARIJUANA BAN INJUNCTION
MI. State District Judge Thomas McKittrick ruled against three medical-marijuana patients
who asked for a preliminary injunction against the city of Great Falls’ medical marijuana ban.
Three Great Falls men with severe health problems – Algy Thain, David Sears and Kraig Jackson – contended the city effectively banned all medical marijuana activity in the city limits earlier this year, contrary to the state’s medical marijuana law.
In his ruling last week, McKittrick conceded an injunction would be "an appropriate remedy for the case at bar because plaintiffs may face continual pain and suffering" if the June 1 ordinance actually did ban cultivation of medical marijuana and caused their sources of medicine to dry up.
However, McKittrick ruled Oct. 19 it would be difficult for the plaintiffs to show the city does not have the power to enact such an ordinance. The judge also wrote that the three men could obtain marijuana grown out of the city limits, and said the trio could switch caregivers if necessary to obtain the marijuana they needed.
McKittrick added the plaintiffs failed to show that the city was enforcing the ordinance or threatening to do so.
The judge said "the court does not find any ground on which to grant the preliminary injunction."
Great Falls City Attorney Jim Santoro indicated Friday the city appreciated the ruling.
"There is ( marijuana ) prohibition in the city of Great Falls and there will be full enforcement," Santoro said.
Plaintiffs’ attorney Carl Jensen was philosophical Friday.
"That wasn’t really unexpected," Jensen said. Jensen said he and his clients are continuing discussions on whether to pursue the case further. McKittrick did not dismiss the case, but simply denied the request for an injunction. Jensen agreed the upcoming session of the Legislature, which convenes in January, may produce actions which could affect the state’s overall medical-marijuana picture.
Civil court cases sometimes take years to resolve.
Pubdate: Sat, 30 Oct 2010
Source: Great Falls Tribune (MT)
Copyright: 2010 Great Falls Tribune
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