Macomb County Circuit Court hears lawsuit against city's adult use marijuana ordinance

The Eastpointe Planning Commission meeting on May 1, 2025, was dominated by discussions surrounding the city's adult use marijuana ordinance, currently embroiled in legal challenges. City officials expressed concerns about the potential for lawsuits from licensees striving to meet the ordinance's deadlines, with Mr. Albright noting, "Unfortunately, there's always a possibility that someone can sue the city."

The backdrop to this legal uncertainty is a pending lawsuit filed shortly after the city council approved the ordinance. A third party, unrelated to existing medical marijuana permit holders, has taken the matter to the Macomb County Circuit Court, where Judge Biernat is overseeing the case. The plaintiff has requested a temporary injunction to halt the city's implementation of the ordinance while the litigation unfolds. A hearing for this motion is scheduled for May 19.

In a twist, at least one party has joined the plaintiff as an intervening party, while two or possibly all three existing medical marijuana permit holders have intervened as defendants, arguing that the ordinance is valid and should proceed. As a result of the ongoing litigation, city administration has paused accepting applications and has not initiated any steps to create application processes, leaving many questions unanswered, particularly regarding the December 31 deadline set for existing permit holders.

City officials remain confident in the constitutionality of the ordinance, but the uncertainty surrounding the litigation raises significant concerns for the future of marijuana licensing in Eastpointe. The outcome of the upcoming hearing could have lasting implications for the city's regulatory landscape.