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Townships Cant Ban Mmj

Guest finallyfree09

By Guest finallyfree09
in Legal Professionals

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Guest finallyfree09

Guest finallyfree09

Posted
Posted

the US SUPREME COURT has already ruled that townships and counties in california MUST enforce state medical marijuana laws regardless if those laws are inconsistent with federal law. PERIOD.

 

i cannot remember the name of the case or when it happened but it was recent(within the last 5 years.)

 

i am unable to find the particular case. any internet savvy people here? freemanibus? maybe a couple of the other news-dredging users on this site? please do what i am unable to and find this court decision and post it here for all to see. i will continue to search and if i find it i will post it... then i will send it to all of these townships (if i can figure out how to do so :blink: ) that are trying to subvert our law.

 

this court decision DID happen. i know it di because i read about it quite a bit. please help me find it so we can show everyone that all of these townships do not have a leg to stand on.

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Guest finallyfree09

Guest finallyfree09

Posted
Posted

I read that too.. but unfortunately not savvy either..LOL are you going to come to the clare county compassion club on saturday the 12th at the library? Hope to see you there finallyfree..

yeah... i will prolly be there. it all depends on the work schedule. B) that is... if the coast is clear :unsure: . :lol:

 

i will try to be sure i am there. :)

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______ Advanced Member

______

Posted
Posted

That decision addresses state and local police enforcing federal law. Township are not enforcing federal law, they are creating zoning laws and enforcing them. Local governments have much power when it comes to local zoning unfortunately.

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Guest finallyfree09

Guest finallyfree09

Posted
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That decision addresses state and local police enforcing federal law. Township are not enforcing federal law, they are creating zoning laws and enforcing them. Local governments have much power when it comes to local zoning unfortunately.

 

Yup. And when the police start busting people for doing what state law says they can do we will win imo.

 

Imo townships that ban mmj are in violation of state law. They say its because federal law prohibits mmj. The supreme court says that police must enforce state law even if it is inconsistent with federal law.

I think we are on the winning side of the battle here.

Also... The counties in cali were trying to NOT send out cards. Feds said they can't do that... They MUST enforce state law.

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______ Advanced Member

______

Posted
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Not trying to argue, but the local ordinances that I have heard of don't ban MMJ. They regulate where it can be grown, require inspections and business licenses and/or put moratoriums on the opening of new grow facilities until they can set regulations. I have not seen any where they prohibit patients from having or even growing for themselves. They really are attacking the caregivers, which results in harm to the patients.

 

I wish they would quit messing with it and just let people be.

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bobandtorey Advanced Member

bobandtorey

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Not trying to argue, but the local ordinances that I have heard of don't ban MMJ. They regulate where it can be grown, require inspections and business licenses and/or put moratoriums on the opening of new grow facilities until they can set regulations. I have not seen any where they prohibit patients from having or even growing for themselves. They really are attacking the caregivers, which results in harm to the patients.

 

I wish they would quit messing with it and just let people be.

 

 

I wish they would quit messing with it and just let people be.

me torolleyes.gif

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  • 2 months later...
TajMahal Advanced Member

TajMahal

Posted
Posted

Sorry this is short notice--figured you all had your hands full.

 

The Shiawassee County Board of Commissioners meets today (Thur) at 4:00pm Downtown Corunna.

 

201 N Shiawassee St

989-743-2233

 

A couple of us will most likely attend, a patient/caregiver & one of his patients who has cancer and is almost totally bedridden, Another patient/caregiver, and myself, a patient.

 

This is being done at the county level, requested by the county planning commission, using the county Board of Commissioners to look (enact) at. They are waiting for an opinion from the PA, who said the final opinion will be at this meeting.

 

Thanks BB

Taj

 

 

That would be in conflict with state law. Any Alteration of the Patient/caregiver relationship would land a township in court. A caregiver is a proxy under the law for a patient. A simple reading and logical analysis confirms this. If someone is bedridden, then the caregiver has all the right of the patients, this is a clear example of the intent of the law. So if they alter that relationship by adding additional requirements or banning caregivers, they have upset that balance and the cost for a bed ridden patient would rise or they would not have access, because there would be no caregivers, because of the moratorium. This would also violate The Michigan Right to Farm Act and would again be in conflict with sate law. Is there going to be a public hearing? Can you get local residents to show up? What, When and Where? Thanks, Bb

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TajMahal Advanced Member

TajMahal

Posted
Posted

OK, looks like we are on our own.

 

Blueberry, can I quote your opinion as stated in this post?

 

 

 

 

That would be in conflict with state law. Any Alteration of the Patient/caregiver relationship would land a township in court. A caregiver is a proxy under the law for a patient. A simple reading and logical analysis confirms this. If someone is bedridden, then the caregiver has all the right of the patients, this is a clear example of the intent of the law. So if they alter that relationship by adding additional requirements or banning caregivers, they have upset that balance and the cost for a bed ridden patient would rise or they would not have access, because there would be no caregivers, because of the moratorium. This would also violate The Michigan Right to Farm Act and would again be in conflict with sate law. Is there going to be a public hearing? Can you get local residents to show up? What, When and Where? Thanks, Bb

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peanutbutter Advanced Member

peanutbutter

Posted
Posted

That would be in conflict with state law. Any Alteration of the Patient/caregiver relationship would land a township in court. A caregiver is a proxy under the law for a patient. A simple reading and logical analysis confirms this. If someone is bedridden, then the caregiver has all the right of the patients, this is a clear example of the intent of the law. So if they alter that relationship by adding additional requirements or banning caregivers, they have upset that balance and the cost for a bed ridden patient would rise or they would not have access, because there would be no caregivers, because of the moratorium. This would also violate The Michigan Right to Farm Act and would again be in conflict with sate law. Is there going to be a public hearing? Can you get local residents to show up? What, When and Where? Thanks, Bb

 

What is important is that under the Right to Farm act, the cities and townships would be responsible to pay the salary for Michael Komorn and any other lawyers.

 

This case is a lawyers IRA.

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TajMahal Advanced Member

TajMahal

Posted
Posted

Went to County Commissioners meeting, seems the local paper had it wrong with the statement about banning primary caregivers, so I was told anyway, waiting to read the minuets of the meeting because........

 

They went into closed session when the moratorium issue came up, can they do that? I really wanted to hear the assistant PA give his opinion to the comissioners, can I FOI that closed session?

 

We were invited back in for the motion vote, it was carried with just one no vote. The 6 month moratorium was for any land use for distribution, so they made it sound, I really have not much of an idea what they really did do, and i said so to my districts commissioner after the meeting, he indicated it was for dispensaries.

 

 

Bah!!! :growl:

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tricloud Advanced Member

tricloud

Posted
Posted

What if they specifically single out caregivers?

 

"The ban would specifically target any primary caregivers — those who grow marijuana for others."

 

 

http://www.argus-pre...1cc4c03286.html

 

Quote from article:

“They can have up to five patients and therefore have up to 60 marijuana plants,” Preston said. “We’re looking at that kind of a person being located next door to a residence or next door to a private day care.”

 

What in the hell does that have to do with anything? The person who lives next door to me grows tomatoes and peppers, should I be concerned???? Better watch out from those folks who like to grow their own produce, they are so very dangerous!

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TajMahal Advanced Member

TajMahal

Posted
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Quote from article:

 

What in the hell does that have to do with anything? The person who lives next door to me grows tomatoes and peppers, should I be concerned???? Better watch out from those folks who like to grow their own produce, they are so very dangerous!

 

LoL...Good Day Tricloud

 

 

Quote from article:

 

Quote

“They can have up to five patients and therefore have up to 60 marijuana plants,” Preston said. “We’re looking at that kind of a person being located next door to a residence or next door to a private day care.”

 

-----------------------------------------------------------------------------------

 

That clod is the same person I believe who denied a "dispensary" in one of the local townships.

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DJ_420 Member

DJ_420

Posted
Posted

I am not sure if this is the right forum but here goes anyway....I am hearing that in Livonia the police has taken the stance and/or adopted an ordinance that bans growing because they say it is against federal law. Now after reading an early thread which states the US Supreme Court gives ruling that county and townships must adhere to the state law still leaves me in a limbo. Already I been made aware of instances where police are snatching up plants even if you are a card holder and they say let the courts deal with it. But in the meantime those plants they ripped up are damaged. What can be done?

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