The Michigan Supreme Court has agreed to hear oral arguments on whether the city of Warren’s Medical Marihuana Review Committee (MMRC) violated the Open Meetings Act (OMA) when considering marijuana licensing applications.
In January 2019, the Warren City Council adopted its medical marijuana ordinance and created its review committee to review applications for provisioning center licenses. Initially, 10 licenses were available, but that increased to 15.
More than a dozen plaintiffs, including Greenhouse Farms Warren LLC, Happy Trails Group and Blue Spruce Ventures, challenged the committee’s work, alleging they held public meetings in private and denial of due process.
The trial court held that the MMRC violated the OMA when selecting applicants for medical marijuana licenses, but the Michigan Court of Appeals reversed that, holding 2-1 in August 2022.
Appeals Judge Douglas B. SHAPIRO agreed with the majority’s dismissal of the plaintiffs’ due process claim, but he affirmed the lower court’s ruling that the OMA was violated.
“This is a close case, but I conclude the fidelity to the ordinance’s terms, as well as the policy-making work of the Review Committee, weighs heavily in favor of transparency and public access to the process,” Shapiro wrote.
A date for oral arguments was not immediately known.
This news item was provied by Tim Beck from the
The Michigan Supreme Court has agreed to hear oral arguments on whether the city of Warren’s Medical Marihuana Review Committee (MMRC) violated the Open Meetings Act (OMA) when considering marijuana licensing applications.
In January 2019, the Warren City Council adopted its medical marijuana ordinance and created its review committee to review applications for provisioning center licenses. Initially, 10 licenses were available, but that increased to 15.
More than a dozen plaintiffs, including Greenhouse Farms Warren LLC, Happy Trails Group and Blue Spruce Ventures, challenged the committee’s work, alleging they held public meetings in private and denial of due process.
The trial court held that the MMRC violated the OMA when selecting applicants for medical marijuana licenses, but the Michigan Court of Appeals reversed that, holding 2-1 in August 2022.
Appeals Judge Douglas B. SHAPIRO agreed with the majority’s dismissal of the plaintiffs’ due process claim, but he affirmed the lower court’s ruling that the OMA was violated.
“This is a close case, but I conclude the fidelity to the ordinance’s terms, as well as the policy-making work of the Review Committee, weighs heavily in favor of transparency and public access to the process,” Shapiro wrote.
A date for oral arguments was not immediately known.
This news update was provided by Tim Beck from the Safe Michigan Coalition Group.