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Lincoln Park---No Growing At All In Neighborhoods

hofner67

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Guest 1TokeOverLine

Guest 1TokeOverLine

Posted
Posted

As I understand the ordinance is aimed at caregivers, it has nothing to do with patients supplying their own meds. They seem to be worried about the safety issues of grow construction and operation (at least that seems to be their excuse).

 

1T

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mizerman Advanced Member

mizerman

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This is a case for the ACLU to get involved in.

 

Anyone who is reading this that lives in Lincoln Park AND is affected by this ruling in any way, shape, or form needs to contact the ACLU right away.

 

Someone help me with a name here.

 

One of the ACLU Staff Attorneys attended and spoke at the Waterford Compassion Club a while back and he talked about a similar issue involving West Bloofield and Birmingham...I believe if my memory is serving me correct after only one cup of coffee.

 

This is simply NOT right and is violating the rights and protections of those caregivers.

 

 

Mizerman :growl::sword:

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Dizledot Advanced Member

+Dizledot

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All Downriver commumities are trying to join forces to band together and have the Downriver Community Conference put together an ordinance governing MM. Most communities are flat out stating they will adopt the federal law. This must be stopped at all cost! The ACLU could actually go after all of south east Michigan.

 

Dizz

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ernst Advanced Member

ernst

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So your saying all downriver is about to get screwed? Man I'm so fed up with this.... I've been at every protest for the Oakland county issue and during that time my own city is plotting against us? If there are rallies I would expect to see good turn outs.....

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TheGanz Advanced Member

TheGanz

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But LEO in these cities say they dont want the "added crime" that comes with cannabis, but do nothing about real crime. The wheels on my brand new 3 week old car was stolen last weekend. The cops wouldnt dust for any fingerprints and basically told me since the state and cities are broke, its more important to write traffic tickets for traffic violations than simply patrol my neighborhood at night to deter thieves.

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RevThad Advanced Member

+RevThad

Posted
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These towns and counties can no more regulate where a patient or caregiver can grow medical marijuana, than they can regulate where and how a person grows tomatoes or rosemary.

 

The mere fact that state law concerns marijuana or affects marijuana use in some way, does not render it pre-empted. Our state law does not cause a positive conflict with federal law, and I would argue the MMMAct actually is in support of the legislative intent of the CSA.

 

"Congress's statement in the CSA that "[n]o provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter" (21U.S.C. § 903) demonstrates Congress intended to reject express and field preemption of state laws concerning controlled substances." SanDiego v NORML, et al.

 

and

 

"Because title 21 United States Code section 903 (the CSA) preserves state laws except where there exists such a positive conflict that the two laws cannot consistently stand together, the implied conflict analysis of

obstacle preemption appears beyond the intended scope of title 21 United States Code section 903."

 

further:

 

"Counties appear to argue there is a positive conflict between the identification

laws and the CSA because the card issued by a county confirms that its bearer may

violate or is immunized from federal laws. However, the applications for the card

expressly state the card will not insulate the bearer from federal laws, and the card itself

does not imply the holder is immune from prosecution for federal offenses;

 

Because the CSA law does not compel the states to impose criminal penalties for marijuana possession, the

requirement that counties issue cards identifying those against whom California has opted

not to impose criminal penalties does not positively conflict with the CSA."

 

 

Finally, and probably more to the point.

 

"As a general rule, a local governmental entity "charged with the ministerial duty of enforcing a statute[] generally does not have the authority, in the absence of a judicial determination of unconstitutionality, to refuse to enforce the statute on the basis of the [entity's] view that it is unconstitutional."

 

The county and local governments are charged with following state law, they cannot ignore state law in favor of federal law, just as they cannot charge a person with a crime under federal law, and especially when that behavior is completely legal under state law.

 

Just a few thoughts and court opinions on the subject...

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badbert Advanced Member

badbert

Posted
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please go to the link and post this info. We all need to express our opinions whether or not we live in Lincoln Park. The News Herald is only seeing one side of this argument. If we comment enough, they may write an article on the Pro side of this law. Please help!

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Kingdiamond Advanced Member

Kingdiamond

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Understand this people townships and city's can not ban anyone from growing cannabis in their home by using the enforcing federal law cover story they are a local yokel period at worst they can issue you a blight ticket.

 

If they come to anyones home and raids said home under this made up garbage ordinance created to nullify how the people who pay their salaries voted lawsuits will be forthcoming .

 

Don't buy into these scare tactics they are banking on people not fighting the ordinance once a few lawsuits are filed things will go back to normal.

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JohnQHempseed Advanced Member

+JohnQHempseed

Posted
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Yep, got to get it together and fight, fight. We in Branch County got them to do nothing, they voted not to even vote on an ordnance because it was made very clear that individually and collectively, city as well would be sued, t

they backed down,they blinked first, We won by sheer numbers and speakers. I seriously doubt if they will bring this up soon again, but if they do we are ready for them- good luck

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mizerman Advanced Member

mizerman

Posted
Posted

Bump.

 

I know we all sign-in to post when the Oakland Press does propaganda articles.

 

Have a great weekend - take 5-10 minutes and let the keyboard be mightier than the sword...

 

 

 

Mizerman

 

p.s. looks like Dr. Leo Marvin just put in his two cents...LOL

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Rx-Buds Member

Rx-Buds

Posted
Posted

This reminds me of the recent conflict over open carry of hand guns at the Arts beats and Eats festival in Royal Oak.

 

The OC guys argued that their rights under state law trumped the local ban. It seems like this would be a similar issue.

 

The one way the city may have a case is if they argue that having 1000W HID lighting in a house creates a fire hazard or something like that. But anyway, I agree it's some BS. We shall see.

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ernst Advanced Member

ernst

Posted
Posted

Well I'm glad to see everyone standing up against this happening..... Ya know me and several down river patients and caregivers have made there way to all the protest in Oakland county.... We stood up fo what we felt was wrong. Now it's starting to happen here downriver cities trying to put some type of lockdown on us.... But where is everyone to stand up against this. Maybe I'm wrong maybe there's more help coming from other counties that I havnt seen.... But as far as I'm concern I feel That it's a "we fight for you, you fight for us" kinda thing..... And all I'm seeing Is we went out and stood with signs in our hands for a county that's 45 mins away and in return what do we get? Maybe I'm seeing this the wrong way maybe this doesn't seem to be a big deal to some of you..... I'm just upset that no one has said much about this and to those of you who have posted on here or on the news site THANK YOU!

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RevThad Advanced Member

+RevThad

Posted
Posted

Well I'm glad to see everyone standing up against this happening..... Ya know me and several down river patients and caregivers have made there way to all the protest in Oakland county.... We stood up fo what we felt was wrong. Now it's starting to happen here downriver cities trying to put some type of lockdown on us.... But where is everyone to stand up against this. Maybe I'm wrong maybe there's more help coming from other counties that I havnt seen.... But as far as I'm concern I feel That it's a "we fight for you, you fight for us" kinda thing..... And all I'm seeing Is we went out and stood with signs in our hands for a county that's 45 mins away and in return what do we get? Maybe I'm seeing this the wrong way maybe this doesn't seem to be a big deal to some of you..... I'm just upset that no one has said much about this and to those of you who have posted on here or on the news site THANK YOU!

My apologies, I figured somebody would repost my words over there. For the record, feel free to use my words in these threads in snippets or as a whole to respond to things like that.

 

I have remedied it not being posted over there and added a bit more... Any more word on what is going on downriver?

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ernst Advanced Member

ernst

Posted
Posted

This is so dumb.... I you think about it.... It's already kinda regulated.... We can only have 12 plants and 2.5 ozs the state makes $100 from each of us every year.... DTE makes some extra cash....... The grow shops make some cash an hire people..... So even in it's state now the medical marijuana law produces jobs.... Ads money to this broke state.... Has created businesses … hell the Michigan Medical Marijuana Law has done more for Michigan then most politicians preach they will do. Now if they would leave us alone more grow shops and head shops and dispensarys would open meaning more local business more jobs and the uprise of a new economy … but instead they would rather fight against us... in the mean time Billy Joe bob just slammed 3 6packs and 4 vics went to the bar beat up his old lady recklessly drives home trashes his house passes out with a cig in his mouth burns down the house and kills 4 people .... Yet beer is legal .... And we are the bad guys... Great system!

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