Traction for such a suit is possible due to the vague language of the Medical Marijuana Act. Are dispensaries legal; can pot growers earn a profit from their sales? The MMA is silent on these issues.
Michigan Attorney General Bill Schuette has declared marijuana dispensaries illegal. Nevertheless, such businesses continue to operate in counties where the prosecutor has, "looked the other way", such as Washtenaw and Wayne.
Macomb, however, is not one of those counties. Law enforcement in Warren, Mt. Clemens, and Shelby Township have cracked-down on establishments believed to traffic in medical marijuana.
Through his lawsuit, the lawyer is fighting back. The complaint combines a few dozen legal care providers and alleges counts of illegal state action, unconstitutional searches, and damages in the multi-millions.
Most of the litigation involving the MMA has taken the form of criminal appeals. This law suit is different as it seeks money damages and preempts criminal charges.
Stay tuned on this one as we will monitor and report back to our readers.