Ter Beek v. City of Wyoming

In 2008, Michigan enacted the Michigan Medical Marihuana Act (medical-marijuana act). Section 4(a) of the medical-marijuana act immunized qualifying patients from penalty in any way for the use of medical marijuana. The federal controlled-substances act prohibited marijuana. In 2010, the City of Wyoming, Michigan (defendant) adopted a zoning ordinance that prohibited land uses that were contrary to federal law. Violation of city ordinances were punishable by fines. John Ter Beek (plaintiff) was a qualifying patient under the medical-marijuana act. Ter Beek sought to grow, possess, and use medical marijuana in compliance with the medical-marijuana act. However, because marijuana was prohibited by the federal controlled-substances act, the ordinance, in turn, prohibited and penalized the growth, possession, and use of medical marijuana. Consequently, Ter Beek filed a lawsuit against the city in the circuit court. Ter Beek alleged that the zoning ordinance impermissibly violated the state’s medical-marijuana act. The circuit court found that the federal controlled-substances act preempted Michigan’s medical-marijuana act and granted summary disposition in favor of the city. Ter Beek appealed to the court of appeals, which found that the controlled-substances act did not preempt the medical-marijuana act and that Section 4(a) preempted the city’s ordinance. The court of appeals reversed the circuit court’s judgment and remanded the case for a grant of summary disposition in favor of Ter Beek. The city appealed to the Michigan Supreme Court.