Cheboygan County New Pernits For Use

[free country 420]

ok so a week or two ago i bought a copy of the weekend edition of the cheboygan daily tribune front page

 

"county commission to make new med marijuana permits" or something like that lol..... it went on to say how they want to make every patient and caregiver in the county get there residents rezoned to be able to grow med marijuana.....

It also went on to say how we must obtain a permit, get our homes inspected, not allowed to have patients visit after 7pm and not b4 12pm,not allowed to have more than 2 patients in your home at a time.... is this messed up or what.

 

Now i thought that this all sounded like it was going against the mmj law and that it also put us on a data base at the county building.... so now we have to be on 2 lists? and who can look at this new list? and what if they dont give u a permit?

 

o yea it also said that u cannot see the grow lights at all you must have your windows covered, and if i understood it right your medicine could not leave your house.... anyone out here in cheboygan area that read that crap?

 

 

one more thing if it does go threw and u have to get rezoned what happens if you dont got get a permit? does that make your med card invalid?

[Timmahh]

this is where we need to start citing HIPPA Laws.

 

as Pts under a Drs care, OUR INFORMATION IS PRIVATE AND MUST BE TREATED AS SUCH.

 

it is Illegal to make a list of pts under a drs care for any reason.

 

2nd, you need to show up, and say, does the inspections include anyone that has the same equipment installed in tehir buisiness or home (that is air filtration equipment, humidity control equipment, lighting, water ect... to grow anything in their homes, or to cook or heat by?

 

if a person growing mmj has to be inspected, then any person or business with horticulture equipment setup must be inspected and certified ok. they then must also be on a list of some sort, doesnt matter why.

 

fight fire with fire.

find people that grow indoor, but not mmj and let them know their right to grow indoors is now going to be monitored and inspected and they ll have to be on a local governmental list.

[67Breeze]

ok so a week or two ago i bought a copy of the weekend edition of the cheboygan daily tribune front page

 

"county commission to make new med marijuana permits" or something like that lol..... it went on to say how they want to make every patient and caregiver in the county get there residents rezoned to be able to grow med marijuana.....

It also went on to say how we must obtain a permit, get our homes inspected, not allowed to have patients visit after 7pm and not b4 12pm,not allowed to have more than 2 patients in your home at a time.... is this messed up or what.

 

Now i thought that this all sounded like it was going against the mmj law and that it also put us on a data base at the county building.... so now we have to be on 2 lists? and who can look at this new list? and what if they dont give u a permit?

 

o yea it also said that u cannot see the grow lights at all you must have your windows covered, and if i understood it right your medicine could not leave your house.... anyone out here in cheboygan area that read that crap?

 

 

one more thing if it does go threw and u have to get rezoned what happens if you dont got get a permit? does that make your med card invalid?

[67Breeze]

We (compassion club) had a meeting at the library the other night. Our county commissioners are planning a moratorium for Cheboygan.

If this passes, caregivers with patients are supposed to skip on down to the county building and file for a permit to grow. Caregivers will not live within 1000 feet of each other....so if you and your neighbors are growing, the first one to register for the permit wins!!!!! Also, if you file for a permit, they will first come to inspect your home and your grow!!!! The other things you mentioned are also true...specific time patients can be at your home, no one under 18 can come over, so if you have kids forget having anymore birthday parties at your house!! The list goes on and on. The meeting is on May 4th at the County Building. I want to go and tell my story about MM and how it has helped me and how I want to help other people...I am, however, concerned that LEO will be knocking down my door an hour after the meeting. The HIPPA issue is huge. I don't see how they think they can do this??? MM Act is State Law and Hippa is Federal Law and Cheboygan County thinks they are above it all. Anyone have any suggestions for a course of action??

[DayTripper]

We (compassion club) had a meeting at the library the other night. Our county commissioners are planning a moratorium for Cheboygan.

If this passes, caregivers with patients are supposed to skip on down to the county building and file for a permit to grow. Caregivers will not live within 1000 feet of each other....so if you and your neighbors are growing, the first one to register for the permit wins!!!!! Also, if you file for a permit, they will first come to inspect your home and your grow!!!! The other things you mentioned are also true...specific time patients can be at your home, no one under 18 can come over, so if you have kids forget having anymore birthday parties at your house!! The list goes on and on. The meeting is on May 4th at the County Building. I want to go and tell my story about MM and how it has helped me and how I want to help other people...I am, however, concerned that LEO will be knocking down my door an hour after the meeting. The HIPPA issue is huge. I don't see how they think they can do this??? MM Act is State Law and Hippa is Federal Law and Cheboygan County thinks they are above it all. Anyone have any suggestions for a course of action??

 

Ignore it as best you can and don't out yourself if you fear retribution for speaking up.

 

Understand that the MMMAct specifically directs that all other laws in conflict with the Act shall not apply. A locality can not pass any ordinance in conflict with the Act because it is an inititive protected under the Michigan Constitution and there is settled case law on the matter.

 

Don't worry about what other indoor houseplant growers are doing. It's none of your business; nor is yours theirs.

 

Show up in Lansing on May 25th, and demand your rights under the Michigan Medical Marihuana Act as a citizen of the State of Michigan.

[Willy]

Simple i aint gonna tell them. nothing anywere here or there.

[bobandtorey]

I agree come to the rally and bring as many people that you can and don't give inn to the city that won't help as to showing up for the city meeting they wont no if you grow or not and don't tell them ether

[imiubu]

I don't comprehend how any City, Town, Village, Township, etc...

the people who govern can even attempt to tell me when

I can have visitors and how many in a given time.

That is just beyond my comprehension...

 

Can someone explain how this could be done and be LEGAL?

This is beyond even the registering, inspections, distance limitations, etc...

 

This has to be illegal and unenforceable :growl:

[Frank R]

Its pure politics.

The action gives the impression that local government is acting on the impression that medical marijuana will over-run their community, as per the training they've received from the Michigan Twp Assoc.

 

Its a play to their voting base, which ironically is the same demographic of MMJ users:

• 
   
  
• 20.4% from 45 to 64,
  
• 18.6% who were 65 years of age or older
  

 

Its unenforceable, and is a con that only the unwise and uninitiated will fall for.

 

It will be poor old cancer stricken Grandma Jones who will unwittingly sign up, and be the first victim to Cheboygan's heavy handed ordinance.

 

Let's hope she and her middle-aged, some what heavy-set, caretaker daughter survive the ensuing visit from forceful local or federal automatic weapon carrying drug enforcement enforcers.

[Guest knucklehead bob]

The commission of an act that is unequivocally illegal or completely wrongful.

 

Malfeasance is a comprehensive term used in both civil and Criminal Law to describe any act that is wrongful. It is not a distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives rise to, or somehow contributes to, the injury of another person.

 

Malfeasance is an affirmative act that is illegal or wrongful. In tort law it is distinct from misfeasance, which is an act that is not illegal but is improperly performed. It is also distinct from Nonfeasance, which is a failure to act that results in injury.

 

The distinctions between malfeasance, misfeasance, and nonfeasance have little effect on tort law. Whether a claim of injury is for one or the other, the plaintiff must prove that the defendant owed a duty of care, that the duty was breached in some way, and that the breach caused injury to the plaintiff.

 

One exception is that under the law of Strict Liability, the plaintiff need not show the absence of due care. The law of strict liability usually is applied to Product Liability cases, where a manufacturer can be held liable for harm done by a product that was harmful when it was placed on the market. In such cases the plaintiff need not show any actual malfeasance on the part of the manufacturer. A mistake is enough to create liability because the law implies that for the sake of public safety, a manufacturer warrants a product's safety when it offers the product for sale.

 

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.malfeasance n. intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality, or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from "misfeasance," which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing. Example: a city manager putting his indigent cousin on the city payroll at a wage the manager knows is above that allowed and/or letting him file false time cards is malfeasance; putting his able cousin on the payroll which, unknown to him, is a violation of an anti-nepotism statute is misfeasance. This distinction can apply to corporate officers, public officials, trustees, and others cloaked with responsibility. (See: misfeasance)

 

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.malfeasance noun bad conduct, corruption, deviation from rectitude, ill conduct, illegal action, infringement, injurious action, misbehavior, misdeed, misdoing, misgovernment, mismanagement, overstepping, peccadillo, peccancy, transgression, unjust performmnce, unlawful action, wrongful action, wrongful conduct

Associated concepts: malfeasance in office, malfeasance of a public officer, misconduct, misfeasance, nonfeasanceSee also: abuse, blame, conversion, crime, culpability, delict, delinquency, disloyalty, disservice, guilt, knavery, maladministration, misappropriation, misconduct, misdeed, misdemeanor, misprision, misrule, offense, tort, wrongBurton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.

 

 

[Kingdiamond]

The have to find you first right ?

 

 

If i lived in this area i would grow until discovered then i would start a class action lawsuit with all the others forced to register under this BS ordinance .

[CedarSpringsCG]

These are some of my notes. This ordinance is illegal and unconstitutional. Thanks, Bb

...

Hey BB, do you mind if I take some of your notes and try to make them fit to my fight with Courtland Township? I tossed around the idea to fight or not to fight, and in my case I am letting myself be known. I became a CG so I could be legal, and not have to be paranoid and worry. So whereas I am not putting up signs in my front yard, I do want to be able to stay legal and not just sleep sound in the knowledge that if taken to the MI supreme court, I would win. I would rather not have the ordinances in the first place.

 

They do not want us to register patients, but CG's would have to be registered, and they are forcing it to be a "for profit endeavor" so the parts of the right to farm act would be very fitting.

 

Thanks

Cedar

[67Breeze]

Thanks everyone for all of the great information!

 

Very Very Helpful. Peace!

[Dr. Bob]

Let's see, GR has a similar plan, and how many caregivers have signed up in the 3rd largest city in Michigan???

 

Why pass an ordinance that no one will comply with? Seems there is some sort of a rule against passing laws designed specifically to make honest citizens criminals.

 

I'll be at the meeting.

 

Dr. Bob

[imiubu]

Please my friend. Use this to kick their butts. I want to give you one more thing. Our law is not just a law. It is a constitutionally protected initiative. There is only one set of bodies that can change it. It requires a 75% vote in both the house and senate. Any law that conflicts with our initiative is unconstitutional and illegal. Please read section 9 and be rightfully ticked. They have undermined the constitution and overthrown the democratic process. Thanks, BB

 

 

9 Initiative and referendum; limitations; appropriations; petitions.

 

Sec. 9.

 

The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws enacted by the legislature, called the referendum. The power of initiative extends only to laws which the legislature may enact under this constitution. The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds and must be invoked in the manner prescribed by law within 90 days following the final adjournment of the legislative session at which the law was enacted. To invoke the initiative or referendum, petitions signed by a number of registered electors, not less than eight percent for initiative and five percent for referendum of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected shall be required.

 

No law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election.

 

Any law proposed by initiative petition shall be either enacted or rejected by the legislature without change or amendment within 40 session days from the time such petition is received by the legislature. If any law proposed by such petition shall be enacted by the legislature it shall be subject to referendum, as hereinafter provided.

 

If the law so proposed is not enacted by the legislature within the 40 days, the state officer authorized by law shall submit such proposed law to the people for approval or rejection at the next general election. The legislature may reject any measure so proposed by initiative petition and propose a different measure upon the same subject by a yea and nay vote upon separate roll calls, and in such event both measures shall be submitted by such state officer to the electors for approval or rejection at the next general election.

 

Any law submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon at any election shall take effect 10 days after the date of the official declaration of the vote. No law initiated or adopted by the people shall be subject to the veto power of the governor, and no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature. Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof. If two or more measures approved by the electors at the same election conflict, that receiving the highest affirmative vote shall prevail.

 

The legislature shall implement the provisions of this section.

 

 

History: Const. 1963, Art. II, § 9, Eff. Jan. 1, 1964

Constitutionality: A law proposed by initiative petition which is enacted by the Legislature without change or amendment within forty days of its reception takes effect ninety days after the end of the session in which it was enacted unless two-thirds of the members of each house of the Legislature vote to give it immediate effect. Frey v Department of Management and Budget, 429 Mich 315; 414 NW2d 873 (1987).

Former Constitution: See Const. 1908, Art. V, § 1.

 

blueberry, knucklehead bob and all the rest of the folks who have a head for this language... you guys rock!

It is mostly confusing to me. I must read it several times and still am basically lost.

So a big huge for helping myself and others understand better.

 

I did find this on how many signatures are required in MI for a Peoples Veto (a Statewide referendum):

 

Michigan citizens enjoy the right to propose constitutional

amendments and state laws by petition, and to call a People’s

Veto (a statewide referendum) on laws passed by the legislature.

 

In order to place a constitutional amendment on the ballot,

citizens must collect the signatures of registered voters equal to

10 percent of the votes cast for governor in the last statewide

election —

currently 382,129 signatures needed

[Zerocool]

http://www.aclu.org/ give these guys a call about what you township is trying to do

[free country 420]

hey i just want to thank everyone for voicing your opinions and i hope that this bs ordnance does not pass

[Brad]

Unfortunantly the Planning Commission will vote on Wednesday, May 4, to recommend this ordinance to the County Commissioners. They drank the MML coolaid and like other communities, these trustees are relying on the (bad) advice of their counsel, another student brainwashed by MML (Michigan Municipal League) and PAAM (Prosecuting Attorney's Association of MI).

 

I urge all Cheboygan County medical cannabis patients and caregivers to attend this hearing at the Planning Commission room located in the county building starting at 7:00pm. We hope to get 50 people to show up and be prepared to give testimony why this ordinance is wrong. Supporters from outside the county are also welcomed to help us fight city hall.

 

A group of 12 of us attended tonights meeting and made sure Planning members were aware that we would clog the chambers in 2 weeks for the public hearing. Even when the Planning Commission washes their hands of this ordinance, it's our hope County Commissioners will exercise better judgement and work with us to draft an ordinance that will withstand legal muster, provide protections for the community, and satisfy those of us this law is designed to protect.

 

The Northern Michigan Compassion Club will be hosting an informational meeting next week to discuss our options. Details will be posted here soon.

[Uncle Bud]

The more I read about things that LEO and laws councils are trying to pass, the more I know that I will always carry a copy of the law with me and have them close at hand at my grow room.

[+EdwardGlen]

I'm registered with the state and that's it...

[free country 420]

hey thanks for all of your comments... unfortunatly this ordance passed.......... so now what?

 

so my wife is my only patiant and it sounds like she cant be in my house after 7.... so what to do now?

[free country 420]

hey thanks for all of your comments... unfortunately this ordnance passed.......... so now what?

 

so my wife is my only patient and it sounds like she cant be in my house after 7.... so what to do now?