Birmingham Marijuana Ordinance Repealed

[bobandtorey]

11/28/2014 - A Birmingham ordinance prohibiting the transport of usable or medical marijuana in a motor vehicle was found to be unconstitutional, and city commissioners

 

repealed the law at their meeting on Monday, November 24.

Birmingham Police Chief Don Studt explained to city commissioners that they had passed an ordinance in February 2014 prohibiting the possession, use or transport of

 

marijuana, including medical marijuana with a medical marijuana card, in a motor vehicle or self-propelled vehicle. Per the ordinance, the only place in a motor vehicle

 

where the marijuana could be contained would be a case in the trunk of the vehicle.

However, Studt said that since then, "Our ordinance has been found to be unconstitutional. I am here asking for the repeal of this ordinance."

 

He said that Birmingham's ordinance was written to require medical marijuana to be in the trunk of the car and "state law does not require that, just that it is contained."

Commissioners voted 7-0 to repeal the ordinance in compliance with state law.

 

http://www.downtownpublications.com/Articles-municipal-c-2014-11-28-219568.112113-Birmingham-marijuana-ordinance-repealed.html

[t-pain]

anyone think billy bong sent them a letter telling them if their ordinance was constitutional or not?

 

good time to ask around city hall for copies of that letter.

[Restorium2]

City attorney?

[t-pain]

there are so few competent city atty , i'd bet not. because all of these ordinances go past him when they are being drafted in the first place.

 

http://thecompassionchronicles.com/2014/10/02/tche-mi-ag-invited-to-weigh-in-on-constitutionality-of-marijuana-transportation-law/

[Restorium2]

Maybe. But Schuette isn't going to help us out with this, it's his baby don't forget. 

[bobandtorey]

I think they simply know how to read.

I agree

 

Money does that to some

[t-pain]

I think they simply know how to read.

 

you're talking about the same city that had the same ordinance as livonia and was sued way back when by the lott's, around the same time or before ter beek v wyoming.

[t-pain]

sure zap , most of these ordinances are advisory, of course, you've seen the cities that enforce them as well....

also the chief of birmingham sounds respectable.

 

from the 24th city commission meeting agenda 

http://www.bhamgov.org/government/commission/meeting_agendas_and_minutes.php

 

 

DATE: November 18, 2014
TO: Joseph A. Valentine, City Manager
FROM: Donald A. Studt, Police Chief
SUBJECT: Repeal of Ordinance 74-310. – Possession, Transport of Usable

Marihuana in or upon a Motor Vehicle or Self Propelled Vehicle.

The revised Public Health Code relating to medical marijuana, as well as recent court decisions,
have rendered our ordinance 74-310 unconstitutional. This ordinance was enacted in February
2013 to mirror state law provisions for transport of usable marijuana which is no longer valid.

The City Attorney has researched this issue and recommends this section be repealed. We
agree. Other ordinances will remain in effect.

SUGGESTED RESOLUTION:
To repeal Sec. 74-310. – Possession, transport of usable marihuana in or upon a motor vehicle
or self-propelled vehicle.

 

[slipstar059]

So is this saying "improper transport" is no longer a thing?

[t-pain]

in birmingham only, but soon the entire state i'm guessing.

 

really , case or trunk are both not in the MMMA, so it should have never applied. all those people pleading guilty for nothing.

[bobandtorey]

in birmingham only, but soon the entire state i'm guessing.

 

really , case or trunk are both not in the MMMA, so it should have never applied. all those people pleading guilty for nothing.

It's not for nothing they just don't know what to do Court appt. Lawyers tell them too i still get call every week after the fact i have been saying it for a long time that if we could come up with a better way in telling them before it happen would be better

 

I tell people all the time about this site but  they still don't come here