May 22, 2024


Equality opinion

Detroit marijuana law most likely unconstitutional, federal judge claims

Detroit — A federal judge Thursday said the city’s marijuana ordinance gave “most likely unconstitutional” rewards to long-time Detroit residents and briefly blocked the metropolis from processing applications for recreational marijuana licenses.

The impression by U.S. District Decide Bernard Friedman and a preliminary injunction will come a few months soon after resident Crystal Lowe sued the city, arguing a new city ordinance regulating licensing for leisure marijuana retailers was unfair.

Mayor Mike Duggan, with Councilman James Tate, talks about the ordinance for Detroit Medical Marijuana facilities and Adult-Use Marijuana establishments in October.

Lowe argued the city “has virtually surely denied” her probabilities to receive a license due to the fact the city’s “licensing scheme favors certain Detroit citizens over other Michiganders based on the period of their residency” there. The ordinance gives preferential treatment method to “legacy” citizens of Detroit who have lived in the town for at least 10 decades.

In a 19-page feeling Thursday, Friedman issued a preliminary injunction “mainly because the metropolis ordinance governing the method for getting a leisure marijuana retail license offers an unfair, irrational, and likely unconstitutional benefit to prolonged-expression Detroit people in excess of all other candidates.”