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Pot Debate Heading To Court June 2Nd - Protesters Needed - Port Huron, Mi

MI Compassion

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MI Compassion Advanced Member

MI Compassion

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http://www.thetimesherald.com/article/20100528/NEWS01/5280309/Pot-debate-heading-to-court

 

KIMBALL TWP. -- Debra Amsdill said she and her husband have a right to operate a medical marijuana compassion center, and they'll fight for it in court.

 

Amsdill's husband, Jim, has been issued a citation by Kimball Township for operating the center, under a moratorium that bans them in the municipality until later in the year.

 

A formal hearing on the matter is scheduled in front of District Judge John Monaghan at 1:30 p.m. Wednesday.

 

"Constitutionally, the people have the right to assemble," said Debra Amsdill, who helps operate the center in the Sawmill Commons strip mall at 4731 Lapeer Road.

 

On March 10, the Amsdills opened the center as a gathering place for medical marijuana patients and caregivers who are registered through the state.

 

In April, the township issued a six-month moratorium on the compassion centers to give the planning commission time to develop zoning guidelines for such businesses.

 

The state's medical marijuana law is silent about compassion centers, but dozens have popped up throughout the state.

 

Matthew Abel, the Amsdills' lawyer, said the judge will hear the township's reasoning behind the citation at the hearing.

 

Abel said it is the first Michigan case of which he is aware of a compassion center taking a case to court. He said what impact the case will have on the center is unknown. If the Amsdills are found in violation, they would be able to appeal the ruling, he said.

 

Abel also said he questions whether the township board acted legally when it adopted the moratorium.

 

"They may have adopted it, but that doesn't mean it's valid. ... It seems they basically pulled a fast one," he said.

 

Amsdill said the center is thriving and has 124 members.

 

"We get thank-yous from the community every day," she said, "and I can't express enough the gratitude that we've gotten from our members for being there to educate them and guide them to the appropriate remedy."

 

Several other municipalities -- including Marysville and Port Huron -- passed moratoriums similar to Kimball Township's.

 

Township Supervisor Rob Usakowski said the planning commission is continuing to address the board's concerns about the center and creating a proper zoning ordinance for it.

 

"We're trying to get our zoning (worked out) as far as where we want them and what stipulations we'd have for them," he said.

 

Planning Commission Chairman Frank Loyson could not be reached for comment.

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MI Compassion Advanced Member

MI Compassion

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This is a huge case, and the future of compassion centers could be affected by the outcome of this case. Changing views in St. Clair County is going to be a formidable hurdle. Judge Monaghan is known for being very tough on "drugs" (this is the same judge that gave me 3 years of 7411 probation for felony drug possession of 6 Darvocet (given to me by mother for my back pain, which I did not take because they did not help) when I was 18 years old (just a few weeks after I suffered extensive back injuries and a broken jaw that was wired shut for a month in a near-fatal car accident).

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mizerman Advanced Member

mizerman

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I know there is a tad bit of the redneck mentality up there...

 

Is there still a judge Daniel Kelly up there?

 

My wife and I will do our best to attend. We haven't been up to "watch the submarine races" by the Thomas Edison Inn in quite some time...

 

Since it's not at 9am it gives us time to wake up and drive over to show our support.

 

We feel as you do about their center. There is a restaurant close by in Waterford that we would hang out at more often if we had more money...lol

 

Hope all have a great weekend,

 

Mizerman :rolleyes:

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Guest CaveatLector

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Yes, and that is how they feel as well.

 

Well, no. That's not correct. If the ordinance affirmatively grandfathers them in then yes but there is no such presumption in the law that nonconforming pre-existing uses are grandfathered in unless the use meets certain fairly strict criteria. A compassion club is not likely to qualify.

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bobandtorey Advanced Member

bobandtorey

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Well, no. That's not correct. If the ordinance affirmatively grandfathers them in then yes but there is no such presumption in the law that nonconforming pre-existing uses are grandfathered in unless the use meets certain fairly strict criteria. A compassion club is not likely to qualify.

 

 

smile.gif

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MI Compassion Advanced Member

MI Compassion

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is their a address to the court house? i want to go

 

201 McMorran Boulevard

Port Huron, MI 48060

 

Google Map

 

Well, no. That's not correct. If the ordinance affirmatively grandfathers them in then yes but there is no such presumption in the law that nonconforming pre-existing uses are grandfathered in unless the use meets certain fairly strict criteria. A compassion club is not likely to qualify.

 

Ah I see, I was under the impression that there where regulations making it so moratoriums that where created to attack particular businesses after the effect where not allowed, if that's not the case then I apologize.

 

am going any one else

 

I hoping to be able to go, if I am able to get a sitter. My wife has to work.

 

BobandTorey, did you find out an address? It'd be a hell of a drive for me but there should be as many people there to support them as possible. I might be able to get over there on Wed.

 

I hope you can make it, these are truly good people doing a great deal of good for our community and being attacked by the powers that be for doing so.

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MI Compassion Advanced Member

MI Compassion

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For anyone not familiar with the area, it's 5 minutes from both I69 and I94 and the courthouse is 60 seconds from the Bluewater Bridges to Canada, Lake Huron, Thomas Edison Inn, Thomas Edison Parkway and Boardwalk, Thomas Edison's Boyhood home and train station where he worked, etc. It's well worth the trip, and it should be a beautiful day to see the sites and walk down by the water for anyone that hasn't been out here before to make the trip even more worthwhile.

 

2733236411_7443df2884_o.jpg

IMG_9495-2.jpg

 

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MI Compassion Advanced Member

MI Compassion

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http://www.thetimesherald.com/article/20100602/NEWS01/6020309/Marijuana-compassion-center-won-t-receive-ticket

 

Marijuana compassion center won't receive ticket

 

BY LIZ SHEPARD

TIMES HERALD

• JUNE 2, 2010

 

A couple operating a medical marijuana compassion center in Kimball Township is off the hook, for now.

 

Township Supervisor Rob Usakowski said a citation issued April 28 to Debra and Jim Amsdill has been dropped until officials rework the language of a moratorium the Amsdill's were accused of violating.

 

The Amsdills opened their center March 10 in the Sawmill Commons strip mall, 4731 Lapeer Road, a short time before township officials approved a six-month moratorium banning compassion centers.

 

The moratorium was designed to give the planning commission time to develop zoning guidelines for such businesses, which the Amsdills have said are places for medical marijuana users and their caregivers to gather. The state's medical marijuana law does not address such facilities.

 

Now, Usakowski said township officials must rework the moratorium to clearly define a compassion center before taking things further. A special meeting could be scheduled for township trustees to approve the new language, he said.

 

If the Amsdills are found in violation of the revamped moratorium they will be ticketed again, Usakowski said.

 

The Amsdills did not return phone messages Tuesday. They originally were scheduled to appear in St. Clair County District Judge John Monaghan's courtroom today for a hearing concerning the ticket.

 

Usakowski said the case was dropped Friday.

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