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City attorney: appeals precedent likely blocks Clawson charter amendment on marijuana; commission urged to consider ordinance instead
Summary
The city attorney told the Planning Commission that a Court of Appeals decision holding similar voter-passed charter amendments improper makes it unlikely Clawson’s marijuana charter amendment will take effect; he recommended the commission consider ordinance-based regulation and offered to provide a list of permissible actions.
At the end of the Jan. 28 meeting the city attorney updated the Planning Commission on litigation over a charter amendment that would have permitted marijuana activity in Clawson. The city has been sued by JARS Cannabis, and the attorney said a series of Court of Appeals rulings (including Farmington Hills) held that charter amendments of this kind were not the appropriate vehicle and that the Supreme Court’s decision not to review those appellate rulings leaves the Court of Appeals opinion in place.
"All that being stated, that means that our case ... is impacted by the Court of Appeals case, which means that, realistically, even though case has not ended yet, there is no way for the plaintiffs ... to be able to have marijuana in the city," the attorney told the commission, summarizing the legal landscape in Michigan and indicating the charter amendment likely will not take effect. The attorney recommended considering a local ordinance to set clear regulatory rules rather than repeatedly confronting the city with charter-amendment proposals.
Commissioners asked whether cities may still regulate by ordinance; the attorney said yes and offered to prepare a list of what the city could and could not do. The attorney said the case against the city should be resolved shortly and that staff and legal would provide additional guidance to the commission and council.
