PONTIAC – A court hearing was adjourned today for a patient seeking an injunction to stop the city of Royal Oak from enforcing its ban on growing medical marijuana against him.
The attorney for the plaintiff, Adam Leslie Brook, withdrew the request for a preliminary injunction, dismissed Royal Oak’s mayor, city clerk and building official as defendants, and dropped claims for monetary damages, City Attorney David Gillam said.
Brooks’ attorney, Joseph Niskar, also withdrew a request for a jury in Oakland County Circuit Court.
“He still wants the court to rule that our ordinance is invalid but that’s the only issue in the lawsuit now,” Gillam said. “There’s a possibility we will get this case and another one involving Christopher Frizzo consolidated before a single judge.”
Frizzo has multiple sclerosis. Brook has cancer and other health problems. They are qualifying medical marijuana patients who filed lawsuits against Royal Oak after the city changed its zoning ordinance last month. Royal Oak allows patients to use medical marijuana but bans all residential and commercial growing operations.
The plaintiffs contend the restrictions violate the Michigan Constitution and the state law passed in 2008 allowing a patient to grow up to 12 plants in a secured area or a have a registered caregiver to do it for them. The state law also allows a caregiver to help up to five patients and have a total of 60 plants.
The plaintiffs contend they needs to grow their own medicine because they have limited mobility and financial means.