Raid On Drydon Facility Results In Public Nuisance Charges.

[Michael Komorn]

RAID ON DRYDON FACILITY RESULTS IN PUBLIC NUISANCE CHARGES.

 

 

Listen to Rick Thomson discuss this on the Planet GreenTrees Radio Podcast from 9 22 10.

http://www.blogtalkradio.com/planetgreentrees

After several raids, lots of police resources wasted, and extensive use of Michigan Tax dollars, the facility is charged with being a public nuisance.

 

DRYDEN TOWNSHIP, Michigan — The editor of Michigan Medical Marijuana Magazine called the padlock of a Dryden dispensary by authorities "a shame."

 

Lapeer County authorities padlocked the facility on Tuesday after it was declared a public nuisance. The dispensary has been raided three times because authorities have said it was giving out too much marijuana.

 

Rick Thompson, editor of the Oak Park-based magazine, said there are better ways to work with a facility than to shut its doors.

 

"It's a shame that the county sheriff's department in Lapeer has resorted to a tactic like this in order to achieve their eventual goal," he said.

 

Thompson said he doesn't see the padlocking of the facility holding up in court.

 

 

 

 

Michael A. Komorn

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[Bisharoo]

Wow, I thought that through some miracle that justice was finally coming around to the Lapeer Sheriff and he was being charged with being a public nuisance, as it should rightly be so. The dept. is a true menace to the people. We are more out of control here than I thought.

I still say it must be a mental defect that causes people to not be able to learn facts and compassion while deciding it is OK to rule over other human beings without their consent (tyranny).

[bobandtorey]

Now were are people to go for their Meds the black market it may not be safe and how does some one in a wheel chair or cancer

 

they will win inn court

[+itssortalegal10]

Wow, I thought that through some miracle that justice was finally coming around to the Lapeer Sheriff and he was being charged with being a public nuisance, as it should rightly be so. The dept. is a true menace to the people. We are more out of control here than I thought.

I still say it must be a mental defect that causes people to not be able to learn facts and compassion while deciding it is OK to rule over other human beings without their consent (tyranny).

ROFL thats what I thought also....Should have known better the cops have all the rights not us

[+RevThad]

Anybody know if the Dryden folks have filed for an emergency injuction or any other moves to block this obvious railroad job?

[Nemosity]

Anybody know if the Dryden folks have filed for an emergency injuction or any other moves to block this obvious railroad job?

 

Hopefully they are already ontop of it. I for one will testify in court under oath that the Dryden dispensary helped change my life for the better. Thanks to the great people down there I got good information, helpful advice, medicine to see me through till harvest, and great genetics to kill my pain. Thank God for Dryden and the guys and gals that run that place. Top notch all the way. These charges are just total BS, and I would think maybe a libel suit, or defamation or blatant discrimination against the sick and those who would help them? They need to be held accountable for this total disregard for human life.

[+RevThad]

We must be very careful that we don't end up putting our law on trial. That is what I fear is happening in Oakland County. This is good news. It is better to fight this kind of charge, than a drug charge.

I agree with you on the idea of which is a better fight to be faced with.

 

This change of tactics by the persecutors down that way, is a definite sign that they fear the protections in the MMMA and don't think they can overcome them. If they did think they had a case they would attempt to bring it.

 

I am curious if Mr. Komorn has an opinion as to the applicability of Section 7 Subsection (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act. and how it could be applied to a defense of attacks like this.

 

In other words could a compassion club or dispensary fight a charge of "being a public nuisance" via this part of the law. Assuming that they were engaged in helping registered patients and caregivers with the medical use of marijuana?

[bobandtorey]

I agree with you on the idea of which is a better fight to be faced with.

 

This change of tactics by the persecutors down that way, is a definite sign that they fear the protections in the MMMA and don't think they can overcome them. If they did think they had a case they would attempt to bring it.

 

I am curious if Mr. Komorn has an opinion as to the applicability of Section 7 Subsection (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act. and how it could be applied to a defense of attacks like this.

 

In other words could a compassion club or dispensary fight a charge of "being a public nuisance" via this part of the law. Assuming that they were engaged in helping registered patients and caregivers with the medical use of marijuana?

i would think so

[mrniceguy8252]

the only way to stop this is to fire the morons in charge of this city. starting from the PA, down to the deps that were part of theses raids.

 

lapeer should be looking for a new PA now!!!! not when its time to vote, but now!! why let him waste anymore of our money....

[LITLJON]

I see it as a delay tactic. They have no criminal charges to prosecute so now it's bleed them dry of $ by still making them go to a jury trial on public nuisance charge. A futile attempt to save face. All this on the tax payers pockets. As far as I've heard there hasn't been any increase of disturbances in that area. I imagine the local business's have had at least seen a little increase in profits from the increased traffic. Village of Dryden (I think they are a village) aproved it. ??NUISANCE??

 

 

Kind of sounds like this is the route they are trying REVISED JUDICATURE ACT OF 1961 (EXCERPT)Act 236 of 1961

[peanutbutter]

Most, if not all, charges would require divulging confidential patient records.

 

Something that could result in jail time.

[bobandtorey]

I see it as a delay tactic. They have no criminal charges to prosecute so now it's bleed them dry of $ by still making them go to a jury trial on public nuisance charge. A futile attempt to save face. All this on the tax payers pockets. As far as I've heard there hasn't been any increase of disturbances in that area. I imagine the local business's have had at least seen a little increase in profits from the increased traffic. Village of Dryden (I think they are a village) approved it. ??NUISANCE??

 

just like are case it's going no wears and more money they spend but we pay them to do it

 

they are going to protect their jobs

[DT61]

Score one for the illegal drug trade in that surrounding area - people need their legal medication and have every right under the law to obtain their legal medication by any means available to them.

So if this is a war against "illegal" drugs - who is actually being supported in this action by government?

[Guest Marywanna]

Yeah......ironic,isn't it?

[LITLJON]

I see it as a delay tactic. They have no criminal charges to prosecute so now it's bleed them dry of $ by still making them go to a jury trial on public nuisance charge. A futile attempt to save face. All this on the tax payers pockets. As far as I've heard there hasn't been any increase of disturbances in that area. I imagine the local business's have had at least seen a little increase in profits from the increased traffic. Village of Dryden (I think they are a village) aproved it. ??NUISANCE??

 

 

Kind of sounds like this is the route they are trying REVISED JUDICATURE ACT OF 1961 (EXCERPT)Act 236 of 1961

 

 

I forgot three annoying disturbances, the raids themself.

[Guest knucklehead bob]

who's filing the complaint? far as i know, the guy running that place is a buisiness owner & a respected member of the community. i'm pretty sure it wasn't any of the locals.

[mrniceguy8252]

I for one will no longer do any type of business in dryden, until the disp is re-opened and left alone. Its the only reason I started going out there. I used to wait to get gas just so i could give my business to dryden. I went out there to eat dinner, another thing I wont be doing. I pray for the family and employees that worked there. You guys are great.

[Michael Komorn]

I agree with you on the idea of which is a better fight to be faced with.

 

This change of tactics by the persecutors down that way, is a definite sign that they fear the protections in the MMMA and don't think they can overcome them. If they did think they had a case they would attempt to bring it.

 

I am curious if Mr. Komorn has an opinion as to the applicability of Section 7 Subsection (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act. and how it could be applied to a defense of attacks like this.

 

In other words could a compassion club or dispensary fight a charge of "being a public nuisance" via this part of the law. Assuming that they were engaged in helping registered patients and caregivers with the medical use of marijuana?

 

7 Subsection (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act. and how it could be applied to a defense of attacks like this.

Sounds like, looks like, smells like its own Medical Marihuana Supremacy clause. Any law in conflict does not apply. This does not say except for some other crime "nuisance." I don't think you can read it any other way, and it is probably one of the most compelling sections of protection in the entire act. Thus when you apply any other law, Landlord tennant, employee rights, driving, poss with intent to deliv (patient/caregiver) or any existing law that conflicts with this act, this section says any conflicts are absorbed by the protections of the act. That is how i read it, and have always read it.

 

How are you reading it?

[Hempcheff]

it is probably the most straight forward, and clearest language in the law, IMO.

[+RevThad]

7 Subsection (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act. and how it could be applied to a defense of attacks like this.

Sounds like, looks like, smells like its own Medical Marihuana Supremacy clause. Any law in conflict does not apply. This does not say except for some other crime "nuisance." I don't think you can read it any other way, and it is probably one of the most compelling sections of protection in the entire act. Thus when you apply any other law, Landlord tennant, employee rights, driving, poss with intent to deliv (patient/caregiver) or any existing law that conflicts with this act, this section says any conflicts are absorbed by the protections of the act. That is how i read it, and have always read it.

 

How are you reading it?

Thank you for the reply, I am on the same page with your interpretation and may have overreached with the criminal defense suggestion. This clause would however, protect patients can caregivers from the various zoning laws that communities are attempting to use to restrict the medical use of marijuana. And perhaps, be a viable wedge to open compassion clubs in areas that are less than cooperative with the medical marijuana community?