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Bloomfield Township Makes Not Registering With Police A Midemeanor


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Why don't we just mark patients with a visible symbol--say a gold star. That way we'll be able to identify who's different, just like the Germans did. Requiring you to register in order to exercise your legal rights perverts the principles this country was founded on and should be considered TREASON!

 

I myself would prefer a nice green pot leaf tattooed on my neck. Then when I went out people could stare at me and whisper "He's one of THEM". I would really feel more like a bona fide victim then.

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and the LEO... they dont care about lawsuits because judges and PA's are on their side upholding the illegal actions in court!

you have it exactly right Angry. people need to understand that trusting the Fascist Element is the height of folly. as stated here before the core purpose of the Brave American Heroes is to crush dissent and subjugate the citizenry. trust them at your peril!!!

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This ordinance may be the most offensive by any city thus far. The reporting requirement is violative of every principal of the MMMA, and is counter to the foundation the act is intended to protect, and that is just the reporting requirement. I anticipate a lot of attention being directed to this particular ordinance. If there is a patient that lives in this jurisdiction and wants to discuss this in more detail, please contact me privately. We are looking into the options for a response.

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I believe you are going to need a patient to challenge this. I would say they do not have to be arrested to challenge it, just someone who refuses to register with the city. The same for Birmingham. Ultimately these 2 cities will be challenged, as well as several others. If you examine the the last 14 years in California, you will see similar trends. Some cities are going to try to ban it outright, others are going be more accepting. I think Bloomfield Township clarifies to everyone that this is as much a civil rights battle as it is about medical marihuana. I am following this one closely, if information develops please let me know.

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I believe you are going to need a patient to challenge this. I would say they do not have to be arrested to challenge it, just someone who refuses to register with the city. The same for Birmingham. Ultimately these 2 cities will be challenged, as well as several others. If you examine the the last 14 years in California, you will see similar trends. Some cities are going to try to ban it outright, others are going be more accepting. I think Bloomfield Township clarifies to everyone that this is as much a civil rights battle as it is about medical marihuana. I am following this one closely, if information develops please let me know.

 

Michael I have a question for you on some other matters and was just curious what your fee is for a consultation?

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It's not too complicated it's just that I live in Livonia and was wondering if there is anything that I can or should do to protect myself if they decided to show authority and raid my house or stop me from growing.

 

Hah, Not to complicated you say...just kidding

 

RULES FOR THE MEDICAL MARIHUANA COMMUNTY TO LIVE BY

 

COMMUNITY OF SECURITY

 

Ok best protection is that no one knows anything about you or your status as patient or caregiver. We in the medical marihuana community must live by a code of security. Security is the number one priority. That means taking the necessary steps to guard against being noticed, and or drawing attention to yourself. It is no one else’s business how you choose to treat your medical condition. Loose lips sink ships.

 

KNOW THE LAW, KNOW YOUR RIGHTS

If the LEO comes to you house, they have absolutely no right to come in unless they have a warrant. There is no right to inspect a garden or determine if you are in compliance. If given the choice to consent to a search, the standard answer is no. I say this because often even if in compliance, plants are seized. If you say no to consent, it is likely however that they will be back with a warrant, and possibly watch you and your house while obtaining the s/w.

As the saying goes, “If you got a warrant then I guess you will be coming in”

 

Section 7 of the act itself

333.26427 Scope of act; limitations.

(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 other well established principals in Michigan Jurisprudence prevent cities from legislating away the rights protected under state law.

 

If in the worse case scenario you were raided and charged with a felony, manufacturing mj, the case would be litigated, or disposed of in Wayne County Circuit Court. State law, not Livonia law would apply and you would thus have the various protections according to the MMMA.

 

Things get more complicated if you were charged under the local ordinance, but were in compliance with the MMMA. I could see the scenario playing out such that you would ask for dismissal under section 4, (assuming you were in compliance) and or hold an evidentiary hearing pursuant section 8, if unregistered or exceeding usable material or plant count (or other). If either were denied based upon the local ordinance then you would probably be looking to appeal to the Circuit Court and contest the validity of the statute. I know of a case out of Livonia where the individual was in compliance with the act charged with possession, and when the card was presented at a pretrial and without a motion, the prosecutor dismissed the charges. I want to believe that if challenged the city attorney will dismiss the charges instead of have the ordinance examined by a higher court.

 

Those are my thoughts, and opinions only, none of this is intended to be considered legal advise.

 

 

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

3000 Town Center, Suite, 1800

Southfield, MI 48075

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

Email: michael@komornlaw.com

Website: www.komornlaw.com

Check out our Radio show:

http://www.blogtalkradio.com/planetgreentrees

NEW CALL IN NUMBER: (347) 326-9626

Live Every Wednesday 8-9:30 p.m.

PLANET GREENTREES

w/ Attorney Michael Komorn

 

The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.

 

If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air.

 

http://www.blogtalkradio.com/planetgreentrees

PLANET GREENTREES Call-in Number: (347) 326-9626

Call-in Number: (347) 326-9626

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