Utica Extends Medical Marijuana Dispensary Ban While Supreme Court Mills Law

Don’t expect any medical marijuana dispensaries to open up in Utica for at least another year.

The Utica City Council Tuesday evening voted to extend a previous medical marijuana dispensary moratorium in the city for another year, citing a continued lack of clarification in the state law.

The law regulating dispensaries, which is an establishment where state-licensed marijuana patients who do not grow their own pot can go to purchase the herb from authorized growers, remains in flux. 

Last year, the Michigan Court of Appeals ruled commercial transfers between marijuana patients were illegal after Republicans, and Attorney General Bill Schuette said the Michigan Medical Marihuana Act of 2008 did not allow for the existence of the dispensaries, the HuffPost Detroit reported.

On Thursday, the online newspaper stated the Michigan Supreme Court is scheduled to hear arguments on the legality of dispensary establishments in Michigan.

Last year, the Utica City Council restored an imposed moratorium on establishments that dispense medical marijuana. Utica Mayor Jacqueline Noonan said Tuesday she was reminded that last year's agreement had expired, so the council had to quickly renew the moratorium -- though the city council can opt to end it at any time.

Utica city council members originally voted in August 2010 to enact the 12-month moratorium on any business related to medical marijuana “to allow time for the state and the city to decide the proper ordinances,” according to that meeting’s minutes.