Illegal To Grow In My Home

[dotinthebox]

Huron county has now passed a ordnance that makes it illegal to grow meds in our own home. now what am I going to do? I can't afford to move and need my meds to live and continue to work. and now my dad has lung cancer so what just let him die. I think a nice bad a$$ lawyer should get in touch with these inbreed county fudges and teach them that the world goes beyond Huron county and tell them it is a state law that allows us to grow in our homes.

[Hempcheff]

Grow.

 

 

Let them do the work to find you

 

unless your going to advertise that is

[tooldini]

I think attorneys will tell you that your still allowed to grow. Not sure if a county can tell you that it is against the law to do something that the state says is legal. If I were you I would contact an attorney and see what they say

[detroitdjs]

This was a reply I received in another thread but I think it also applies here, obviously this mentions Livonia but would go for any city I believe:

 

 

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

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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.

 

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[pic book]

As always, courts don't deal in hypotheticals, so the "free way" around this is to make yourself a "test case" (in either Livonia or Huron) by getting yourself busted and then hoping the ACLU takes up your case and defends you, or failing that, a fancy high-power law firm wanting a name in medical marijuana advocacy takes it up pro-bono, or you just rely upon your court appointed attorney not to make a deal but to take it to trial and through appeals court and maybe to the Michigan Supreme Court (good luck with that). That this is a 'free' way to test the law is a misnomer as being a 'test case' means you get busted, arrested, your plants and equipment confiscated, you're jailed, charged, and if you can raise it, bailed out, and then you languish through court with its delays and frustrations--and if you lose, are convicted and have a drug offense on your record. The test case is usually not volunteered by someone intending to be a 'test' but is simply the result of the odds--eventually someone gets busted and charged under the new prohibitions and becomes the case that tests the legitimacy of the new law. In the farthest reach, most unlikely outcome and longest journey through the courts, the law is declared unconstitutional.