Pot ordinance found in conflict with state law

Wednesday August 1, 2012 4:30 PM

WYOMING, Mich. (AP) — The state appeals court has ruled that a West Michigan zoning ordinance prohibiting the use, manufacture or cultivation of marijuana conflicts with state law.

The court says in an order released Wednesday that the city of Wyoming's sanction on medical marijuana "is void and unenforceable."

It reverses a Kent County Circuit Court order in favor of Wyoming.

Retired attorney John Ter Beek sued the city after council members voted in 2010 to make marijuana use illegal under the federal Controlled Substances Act.

Ter Beek is a qualified medical marijuana patient. He has not been charged with violating Wyoming's ordinance.

Michigan voters approved medical marijuana use in 2008. Federal law still prohibits the sale and cultivation of the drug.

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