LANSING, Mich. (CN) – Michigan unconstitutionally discriminates against medical marijuana caregivers by arbitrarily blocking them from registering as nonprofit corporations, a licensed caregiver alleges in the state Court of Claims.
Michael Bueche, a licensed caregiver and medical marijuana patient, sued the Michigan Department of Labor and Economic Growth after his petition to form a nonprofit was denied.
According to the lawsuit, he wants to incorporate as a nonprofit to protect his personal assets from liability associated with his business.
But he says Michigan arbitrarily denies nonprofit status to “medical marijuana caregivers in general, and the Plaintiff in particular, simply because they are medical marijuana caregivers.”
He argues that “there is no rational basis” for the denial, “as medical marijuana caregivers are engaged in a legally sanctioned enterprise.” Both the Michigan Medical Marijuana Act and the Nonprofit Corporation Act give him a right “to organize as a nonprofit corporation,” he claims.
He seeks a declaration that the state agency violated his due process and equal protection rights.
His attorney is Matthew Heos.