County Wide Ban To Take Effect Dec.1St

[cephalopod]

Commissioners pass medical pot ban

Published: Wednesday, November 10, 2010 8:36 AM EST

By TRACI L. WEISENBACH

Tribune Staff Writer

 

HURON COUNTY — Following last week’s recommendation from this county’s planning commission, the board of commissioners approved a resolution Tuesday that supported amendments to the county zoning ordinance that limit land use to what is allowed under local, state and federal law.

 

The added language regarding land usage was included in several parts of the zoning ordinance, including agricultural, single family residential, multiple family residential, general business and general industrial.

 

Under the General Provisions section, the following language was added: “All nonconforming uses, buildings, structures or parcels shall be administered pursuant to the Michigan Zoning Enabling Act, as amended.”

 

Another language addition to the county zoning ordinance included changing legislative authority over the ordinance from P.A. 183 of 1943 — the County Zoning Act — to P.A. 110 of 2006, which is the Michigan Zoning Enabling Act.

 

The amendments take effect Dec. 1, according to the resolution approved by the commissioners.

 

Last week, the Huron County Planning Commission conducted a public hearing regarding the proposed changes to the county zoning ordinance before making its recommendation to the board of commissioners.

 

The amendments do not specifically state they are in reference to marijuana use, county officials explained last week that prohibiting medical marijuana use in all districts was the motivation behind the revisions. Last week, during the planning commission meeting, Huron County Corporation Counsel Stephen J. Allen said the amendments to the county zoning ordinance are legal. This is because the current Medical Marijuana Law contains a lot of loopholes and language problems that can create many issues for law enforcement. He said the county should have zoning language protecting itself against issues with the law. He also noted municipalities across the state are enacting ordinances prohibiting medical marijuana manufacturing operations.

 

Even though Michigan has a law allowing licensed growers to grow and distribute medical marijuana, which was approved by voters in November 2008, federal law does not recognize medical marijuana. The Drug Enforcement Administration currently is allowed to use the Controlled Substances Act to arrest people for use of medical marijuana. Allen said Huron County officials have a responsibility to uphold federal law, which trumps any conflicting state law.

 

 

 

 

http://www.michigansthumb.com/articles/2010/11/10/news/local_news/doc4cda9643ebdfc855365402.txt

 

Mod copied & paste

[michiganmedclones]

pardon my french but, moo poo.

[Ionic7]

Sigh im slowly waiting for my county to pass some stupid thing like this.

[Kingdiamond]

State employees enforcing federal laws is not legal nor will it fly in a real court of law you can grow anywhere you like as long as your a registered patient my first thing would be boycott any business supporting these bans if they support stealing your right why should you spend a penny at their place of business?

 

Lawsuits need to be filed for each patient in these areas being circumvented by the threat of a local entity "enforcing federal law" if someone challenges this ridiculous made up ordinance and wins then the other townships and county's back off on their attempt to nullify how the people voted.

[dutch&Dutchess]

The lawyers will be making a lot of money off of these idiots who think the Michigan Municipal League play book is going to keep them out of court.

Mo Money Mo Money Mo Money

is all they really want.

[cephalopod]

In your opinion what exactly would a legal challenge entail for a patient? Can injunction be filed to allow their use in accordance with the MMMA? Do they have to enact the ordinance first? What would breaking ordinance mean in terms of legal consequence? As a zoning issue would that make a civil infraction? What about filing Federal Law suits and how?

[jeff from bad axe]

Jeffrey Ellis vs Huron County my lawyers have a Federal Lawsuit drafted against Bad Axe police.They raided me last Sept 25,2009.I have never been charged in this case.They stole 25000 worth of property.My wife died 4 months after the raid.I will have my day in court.I posted 2500 bond on fort,of property.They just keep stalling but I will have my day in court.The chief of police Anderson who was running the investigation stepped down right after my lawyer presented the lawsuit.I will never rest.They caused the death of my dead wife.

 

 

 

We the people voted this law in.One part of govt issue a card the other part raids you.

[mrmanalishi]

State employees enforcing federal laws is not legal nor will it fly in a real court of law you can grow anywhere you like as long as your a registered patient my first thing would be boycott any business supporting these bans if they support stealing your right why should you spend a penny at their place of business?

 

Lawsuits need to be filed for each patient in these areas being circumvented by the threat of a local entity "enforcing federal law" if someone challenges this ridiculous made up ordinance and wins then the other townships and county's back off on their attempt to nullify how the people voted.

 

Well said! They pulled this in the neighboring county out here in CO in the recent election and they have a whopping class action suit coming their way...

[cephalopod]

Is there anyway to find the number of cards issued to any given county?

[Phil78]

Allen said Huron County officials have a responsibility to uphold federal law, which trumps any conflicting state law.

 

so, county officials can now uphold federal laws, but does it have any right to enforce them?

 

city officers have a responsibility to enforce state laws, but do they have the right to patrol the highways?

 

does this mean that huron officials are now going to take classes to learn ALL federal laws? i mean, then cannot just pick and choose which federal laws they want to "uphold"

[cephalopod]

O.K. Ladels and Lentelmen, check this out and tell what you think...

http://www.cityofbadaxe.com/ordinances/Ordinance%202010-2;%20medical-marijuana.pdf

 

How can breaking this ordinance be a misdemeanor and others a civil infraction. Not to mention just looking around for a minute you can easily discredit many of there points.

And really?..."18. Each Medical Marijuana@ shall be liable for all costs associated with the investigation, prosecution, incarceration, and any other unspecified costs for the failure to comply with the provisions of this ordinance resulting in the arrest and prosecution of any employees, owners or patrons."