By Zach Gorchow
Gongwer News Service
Four groups that hoped to seek voter approval in November of city charter amendments authorizing marijuana businesses in those communities will be unable to do so, the Michigan Court of Appeals has ruled.
In a published decision dated last Tuesday and released Wednesday, a unanimous 3-0 panel ruled for the cities of Farmington, South Lyon, Sylvan Lake, and Wixom that the proposed charter amendments violate the Michigan Regulation and Taxation of Marihuana Act.
Judge Michelle Rick, in an opinion signed by Judge Michael Kelly and Judge Philip Mariani in City of Farmington et al v. Farmington Survey Committee et al (COA Docket No. 372022), said the act only allows petitioners to amend city ordinances to authorize marijuana businesses. It does not permit the amendment of city charters, Rick wrote.
The decision upheld the Oakland Circuit Court.
The four petition committees each submitted sufficient signatures in June to qualify for the November ballot in their respective cities. Each city clerk rejected the petitions for, among other reasons, the alleged violation of the Michigan Regulation and Taxation of Marihuana Act.
The petition committees contended the act does not limit the right of voters to amend city charters and dictate how city government may exercise municipal authority.
Rick agreed the act contains no specific language prohibiting amending city charters to authorize marijuana businesses. But the statute only references authorizing voters to petition for an "ordinance."
"This is the only voter-initiated power given to individuals with regard to the local regulation of marijuana, and a petition that exceeds this authority should not be placed on the ballot," she wrote. "As a result, aside from petitions to prohibit or set the number of establishments via ordinance, a voter-initiated petition cannot be used to abrogate the authority vested in the municipality to regulate marijuana
establishments through legislative enactment of ordinances, and voter-initiated petitions cannot be used to enact regulations regarding marijuana establishments."
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