Cheboygan County Castrates Caregivers

[Brad]

This morning my local government made me a criminal!

 

They passed an ordinance that requires caregivers to register with some County agency or face citations and criminal charges. It requires caregivers to grow only in their homes, no accessory buildings, garages or sheds (don't even think about a greenhouse!!!!!!!!!). It requires caregivers to post a large sign in their home stating; "This property is a medical marihuana processing facility". All cannabis must be delivered to a patient's home. And there's other crap in there that I can't even remember, as if the aforementioned isn't enough!

 

They have left us just two weapons to fight with, but they are formidable. We have us, our voices, hopefully with well-chosen words in Letters to the Editor, and notes to elected officials. And we have money to get good lawyers. We will continue to fight in Cheboygan County because we must, and because we are right, we will win.

 

Ghandi once said; "First they ignore you, then they laugh at you, then they fight you, then you win."

 

Below is my letter to the Cheboygan Tribune.....

 

 

What happened to compassion?

 

Tuesday morning, August 9,2011, Cheboygan County Commissioners adopted an ordinance to regulate medical cannabis. This resolution was passed despite objections from those affected most by these new regulations, medical cannabis patients and caregivers in Cheboygan County.

 

Concerned patients and caregivers attended several Planning Commission meetings and forced them, with legal documentation, to make several changes to proposed drafts. Other objections that the trustees failed to properly address includes a provision that forces all cultivation to take place in a “dwelling”, which not only goes beyond what’s required by state law, it ensures that many children will be exposed to the cultivation and processing of cannabis. State law only requires an “enclosed, locked facility” which would certainly include an accessory building, greenhouse, or an appropriate fenced enclosure that prevents unauthorized entry.

 

This law has had a sudden and direct impact on me and my patients because I spent thousands of dollars to create an enclosed, locked cultivation facility in an accessory building. Because I disagree with this ordinance, yet I’m not willing to break the law, I have terminated caregiving services with all my patients, leaving them with no present resource for the medicine they have the right to ingest. I know many other caregivers who will be exercising the same option because we do believe in law and order. We will not jeopardize our families and property by sparring with law enforcement, but we are weighing our legal options to recover our investments.

 

Patients are the people who are harmed most by this ordinance. The lack of caregivers in Cheboygan County will force shortages of medicine, inflate prices, and open the door for black-market profiteers to take advantage of this communities sickest. Additionally, forclosures and repossessions are stripping the people of this community of their dignity. If growing legal medical cannabis for a sick person helps the sick person, and saves a home or car, or puts food in the mouth of even one person, why would our elected officials deny County residents the right to do it?

 

Why the trustees of this County would enact such a law defies basic logic. I love this county, including the sick and poor. I see no compassion in this law and will direct all my energies toward amending it.

 

Cheboygan County resident,

Brad Forrester

 

 

_______________________

 

EDIT: PDF ADDED

_______________________

Cheb Zoa Med Marijuana (PC Final) 6-16-11.pdf

Edited August 9, 2011 by Brad

[Guest Happy Guy]

Grandfather clause? You were there growing in your accessory building before the ordinance was passed.

 

A sign in your house? Or did you mean in front of your house? I thought they didn't like signs about marijuana?

 

How do they define a caregiver that needs to register?

[Shredder]

What is the penalty and just how are going to enforce it? I was actually thinking about relocating to Cheboygan county, fat chance now.......shredder

[Michael Komorn]

Brad,

What an awful story. I remember not too long ago there was so much optimism for Cheyboygan, other than the obvious, what happened?

[+mayorherb]

Brad,

What an awful story. I remember not too long ago there was so much optimism for Cheyboygan, other than the obvious, what happened?

 

 

Sounds about the same thing City of Clare did to the people..one aprt of there ordinance says this..another part conderdicks the first part....Setting people up so they can fine them..

[+mayorherb]

This morning my local government made me a criminal!

 

They passed an ordinance that requires caregivers to register with some County agency or face citations and criminal charges. It requires caregivers to grow only in their homes, no accessory buildings, garages or sheds (don't even think about a greenhouse!!!!!!!!!). It requires caregivers to post a large sign in their home stating; "This property is a medical marihuana processing facility". All cannabis must be delivered to a patient's home. And there's other crap in there that I can't even remember, as if the aforementioned isn't enough!

 

They have left us just two weapons to fight with, but they are formidable. We have us, our voices, hopefully with well-chosen words in Letters to the Editor, and notes to elected officials. And we have money to get good lawyers. We will continue to fight in Cheboygan County because we must, and because we are right, we will win.

 

Ghandi once said; "First they ignore you, then they laugh at you, then they fight you, then you win."

 

Below is my letter to the Cheboygan Tribune.....

 

 

What happened to compassion?

 

Tuesday morning, August 9,2011, Cheboygan County Commissioners adopted an ordinance to regulate medical cannabis. This resolution was passed despite objections from those affected most by these new regulations, medical cannabis patients and caregivers in Cheboygan County.

 

Concerned patients and caregivers attended several Planning Commission meetings and forced them, with legal documentation, to make several changes to proposed drafts. Other objections that the trustees failed to properly address includes a provision that forces all cultivation to take place in a “dwelling”, which not only goes beyond what’s required by state law, it ensures that many children will be exposed to the cultivation and processing of cannabis. State law only requires an “enclosed, locked facility” which would certainly include an accessory building, greenhouse, or an appropriate fenced enclosure that prevents unauthorized entry.

 

This law has had a sudden and direct impact on me and my patients because I spent thousands of dollars to create an enclosed, locked cultivation facility in an accessory building. Because I disagree with this ordinance, yet I’m not willing to break the law, I have terminated caregiving services with all my patients, leaving them with no present resource for the medicine they have the right to ingest. I know many other caregivers who will be exercising the same option because we do believe in law and order. We will not jeopardize our families and property by sparring with law enforcement, but we are weighing our legal options to recover our investments.

 

Patients are the people who are harmed most by this ordinance. The lack of caregivers in Cheboygan County will force shortages of medicine, inflate prices, and open the door for black-market profiteers to take advantage of this communities sickest. Additionally, forclosures and repossessions are stripping the people of this community of their dignity. If growing legal medical cannabis for a sick person helps the sick person, and saves a home or car, or puts food in the mouth of even one person, why would our elected officials deny County residents the right to do it?

 

Why the trustees of this County would enact such a law defies basic logic. I love this county, including the sick and poor. I see no compassion in this law and will direct all my energies toward amending it.

 

Cheboygan County resident,

Brad Forrester

 

 

_______________________

 

EDIT: PDF ADDED

_______________________

There has to be away to fight this...Clare City did about same..people are doing what they did..No change....But how can we fight this? Some how Some Way..We should be able to get a attoerney or something ,and go inshow them the rules and laws..and then punish them for putting every one through all the mental stress.

[Brad]

Not only did this pass in the County, but the City of Cheboygan is now contemplating changing their ordinance to mirror the County ordinance. The whole dang county is just going to pot!

 

But the caregivers up here are networked together and communicating. We are hiring an expensive lawyer that specializes in municipal law. The first two firms we contacted that do municipal would not work with us. They said they only work on behalf of muni's, not against them. But we found a top-gun and will do what others have done, and must continue to do, FIGHT EM!

 

To fight the tyrants you must organize locally, that's where all the action is right now, especially for us regular folks. I would like to see more FREE, support-oriented Compassion Clubs spring-up again across the state and develop local support networks. Local support is great for newbies who feel more comfortable coming to a public location the first time. We still do that in Cheboygan, and we see new people all the time.

 

This battle is far from over!

[CedarSpringsCG]

BB, the first part of that letter is awesome. Whereas I don't see anything that would prevent them from regulating dispensaries in MY township, I do think that this would cover where they say you can't be a caregiver for more than 1 person residing in your same home.

 

I think that letter could be used in response to many townships, and circumvents all of the points that my townships attorney was using as why they are 100% ok.

[Guest Happy Guy]

In Brad's letter;

Concerned patients and caregivers attended several Planning Commission meetings and forced them, with legal documentation, to make several changes to proposed drafts. Other objections that the trustees failed to properly address includes a provision that forces all cultivation to take place in a “dwelling”, which not only goes beyond what’s required by state law, it ensures that many children will be exposed to the cultivation and processing of cannabis. State law only requires an “enclosed, locked facility” which would certainly include an accessory building, greenhouse, or an appropriate fenced enclosure that prevents unauthorized entry.

 

Those of us that DO grow in our homes do not appreciate this slap in the face. Make no mistake about it, children ARE NOT being harmed because we grow in our homes.

 

Be very careful who you step on to get what you want. These officials are addressing concerns that some citizens have brought to their attention, real or not. No sense in giving them more concerns where there shouldn't be any. These community concerns have to be addressed one at a time with alternatives suggested to quell the fears in a different way than repression. Find out what the specific complaints were to make them reach for these extreme measures. Where did we go wrong in Cheboygan? When did the train leave the tracks? You will have to listen to those that obviously have unfounded fears to hear their side and then help them understand. Send in a neutral party and find out how we can work together in Cheboygan to have a better future there. Demands are going to be met with stonewalling which will be a long, protracted war that will last much longer than what serious negotiating could possibly accomplish.

 

Try this;

Ask them if there were any specific situations or complaints that lead up to these measures. Then address the specifics. They probably have a list of them for back up. Become their partner in making medical cannabis a part of the community where they can be proud of what they have done in Cheboygan to help patients. Sounds like they want a war where they should want peace. Show them your peaceful side and there will be no war. You may have to give an inch to get a mile. For instance; Tell them that it was a good idea not to have grow lights showing in the windows. We can live with that, why not? It's a no brainer. And then ask them what their concerns are about growing in an out building. Did someone start a grow in some unsecure, ramshackle shed that the wind could blow down? Or is it that they believe someone is doing a warehouse grow in their county? Maybe several? Something got them stirred up. Calm them down with answers. Why are they so stirred up when medical cannabis should have been on the 'down low' to help keep it secure. What makes them think that there is so much going on in Cheboygan that they needed to act?

[Guest Happy Guy]

How are things going for these folks;

http://michiganmedicalmarijuana.org/topic/17013-city-of-cheboygan-passes-ordinance-ordaining-dispensaries/

 

Which begs the question; Are there dispensaries in Cheboygan and how does the ordinance effect them and how have they effected the ordinance?

[Brad]

Happy...

 

We tried the diplomatic route for 4 months. The only time they considered our opinion was we could back it up with legal documentation, which we did several times. They do not want to work with us. They are relying on the advice of their civil counsel who got his marching orders from the Michigan Township's Association, the Michigan Municipal League, Bill Schuette and the republican legislature. Local officials feel compelled to "do something" because, generally speaking, it is their job to do something. In this case however, they are hamstrung by the Michigan Medical Marihuana Act but are "doing it" anyway because they simply don't know any better. There is no problem with medical marijuana in Cheboygan other then the obstacles placed in front of us by this ordinance.

 

It think it's fair to say, here in Cheboygan County we have ZERO dispensaries, and we stick to the system outlined in the Michigan Medical Marihuana Act. We have organized loosely and will soon be forming the Cheboygan County Medical Cannabis Consortium to act as our umbrella. This org will allow us to pool and maximize our scarce resources.

 

We have already sought legal counsel and will be filing multiple lawsuits against the county. That's the only partnership they understand, brute force! Regarding the statement about the children, sorry if your face hurts but I will fight fire with fire. They use our children in this battle, and I'm gonna throw it right back in their face. This is war. There will be no negotiating, at least not until we get closer to the end.

 

The other thread you pointed to references an ordinance in the City of Cheboygan, different municipality. Like I said though, they are now backpeddling and will soon adopt a horribly similar ordinance in that City. To date, no one has ever opened a dispensary in this county.

 

Get onboard Happy, this is a real dogfight and we need every soldier!

[Guest Happy Guy]

Brad,

Could you explain the advanced services of CLHR that you were talking about a while back?

[Guest Happy Guy]

You don't have to look far to find a reference to dispensaries in Cheboygan, but there have never been any?

Thank you JB for that distinction.

 

Compassion Clubs (in the beginning) were established to dispense information only. Some may recall that I made a comment about protecting the name Compassion Club and took a lot of flack for it. This is exactly what I/we were afraid would happen, a blurring between legal compassionate support groups like the ones the MMMA were promoting and establishing, and for profit or criminal entities operating under the cover of a support group.

 

The MMMA needs to develop a bonafide certification process for clubs so the unsuspecting general public can differentiate between legitimate support organizations and retail businesses. There is no question the MMMA could have provided more direction to clubs in the beginning, but because club leaders were left to their own imaginations we have many great examples of how to operate and fund clubs. Now that time has elapsed and experience has been gained, maybe it's time to revisit club sanctioning.

 

Here's how we operate in Cheboygan...

 

We have the Northern Michigan Compassion Club that operates in Cheboygan, Petoskey and Gaylord with monthly meetings at public libraries or other general public locations. Then we have another entity that is our collective. That entity manages patients and helps patients and caregivers get the support and information they need beyond what the CC offers. We also have a for profit entity that sells services and merchandise. While it's OK to share staff between entities, it's extremely important to have clear separation between them.

I think that maybe your 'for profit' entity that sells services and merchandise might be considered a dispensary to some people?

[+mayorherb]

Not only did this pass in the County, but the City of Cheboygan is now contemplating changing their ordinance to mirror the County ordinance. The whole dang county is just going to pot!

 

But the caregivers up here are networked together and communicating. We are hiring an expensive lawyer that specializes in municipal law. The first two firms we contacted that do municipal would not work with us. They said they only work on behalf of muni's, not against them. But we found a top-gun and will do what others have done, and must continue to do, FIGHT EM!

 

To fight the tyrants you must organize locally, that's where all the action is right now, especially for us regular folks. I would like to see more FREE, support-oriented Compassion Clubs spring-up again across the state and develop local support networks. Local support is great for newbies who feel more comfortable coming to a public location the first time. We still do that in Cheboygan, and we see new people all the time.

 

This battle is far from over!

Great idea Brad, Maybe if a few of us hire same guy, we could get a better price..We sure need to do something..In Clare they did the same thing..BUT the people of Clare,are doing as the law reads..Not what they say....So again..Great Idea..Get there azz,s in court that will teach them when they start spending our money on attornies..

[spill49]

Can a Patient, who is there own caregiver, still grow "inside" thier home in cheboygan county without a zoning permit?

[spill49]

Can a Patient, who is there own caregiver, still grow "inside" thier home in cheboygan county without a zoning permit?

[AlternativeSolutionsPlus]

This morning my local government made me a criminal!

 

They passed an ordinance that requires caregivers to register with some County agency or face citations and criminal charges. It requires caregivers to grow only in their homes, no accessory buildings, garages or sheds (don't even think about a greenhouse!!!!!!!!!). It requires caregivers to post a large sign in their home stating; "This property is a medical marihuana processing facility". All cannabis must be delivered to a patient's home. And there's other crap in there that I can't even remember, as if the aforementioned isn't enough!

 

They have left us just two weapons to fight with, but they are formidable. We have us, our voices, hopefully with well-chosen words in Letters to the Editor, and notes to elected officials. And we have money to get good lawyers. We will continue to fight in Cheboygan County because we must, and because we are right, we will win.

 

Ghandi once said; "First they ignore you, then they laugh at you, then they fight you, then you win."

 

Below is my letter to the Cheboygan Tribune.....

 

 

 

What happened to compassion?

 

Tuesday morning, August 9,2011, Cheboygan County Commissioners adopted an ordinance to regulate medical cannabis. This resolution was passed despite objections from those affected most by these new regulations, medical cannabis patients and caregivers in Cheboygan County.

 

Concerned patients and caregivers attended several Planning Commission meetings and forced them, with legal documentation, to make several changes to proposed drafts. Other objections that the trustees failed to properly address includes a provision that forces all cultivation to take place in a “dwelling”, which not only goes beyond what’s required by state law, it ensures that many children will be exposed to the cultivation and processing of cannabis. State law only requires an “enclosed, locked facility” which would certainly include an accessory building, greenhouse, or an appropriate fenced enclosure that prevents unauthorized entry.

 

This law has had a sudden and direct impact on me and my patients because I spent thousands of dollars to create an enclosed, locked cultivation facility in an accessory building. Because I disagree with this ordinance, yet I’m not willing to break the law, I have terminated caregiving services with all my patients, leaving them with no present resource for the medicine they have the right to ingest. I know many other caregivers who will be exercising the same option because we do believe in law and order. We will not jeopardize our families and property by sparring with law enforcement, but we are weighing our legal options to recover our investments.

 

Patients are the people who are harmed most by this ordinance. The lack of caregivers in Cheboygan County will force shortages of medicine, inflate prices, and open the door for black-market profiteers to take advantage of this communities sickest. Additionally, forclosures and repossessions are stripping the people of this community of their dignity. If growing legal medical cannabis for a sick person helps the sick person, and saves a home or car, or puts food in the mouth of even one person, why would our elected officials deny County residents the right to do it?

 

Why the trustees of this County would enact such a law defies basic logic. I love this county, including the sick and poor. I see no compassion in this law and will direct all my energies toward amending it.

 

Cheboygan County resident,

Brad Forrester

 

 

_______________________

 

EDIT: PDF ADDED

_______________________

 

 

Brad,

 

Did they at least extend an olive branch to provide you with a "grandfather clause" or is it retroactive and proactive from the date the ordinances' passing? All we can say is "WOW, but somehow we here in Emmet County are not surprised or shocked. Good luck and we applaud your efforts and let us know either here in this forum or stop by if we can be of any assistance.

Edited August 14, 2011 by AlternativeSolutionsPlus

[Brad]

No olive branch or lube, just the high, hard one.

 

I'm working with Matt Abel on this. We will challenge the ordinance according to the Michigan Zoning Enabling Act first. That means we need to get 1500 signatures in 30 days to force this ordinance on to the November election for a referendum. If that fails, we weigh our other options and take the appropriate action. I suspect this will end up in court. Cheboygan County can not afford a protracted legal battle, and that's exactly what they will get if our concerns are not addressed.

 

Welcome to America!

 

Here's how it will be if the law goes into effect;

 

Patients can consume and cultivate in their own homes with little fear.

 

Caregivers must register with the County ($30 I believe)

 

They must cultivate ONLY IN THIER HOMES,

 

They must post signage IN THEIR HOMES that says;

 

(1). A notice that qualifying patients under the age of eighteen (18) are not allowed at a dwelling in which a primary caregiver of medical marijuana is providing primary caregiver services to qualifying patients, except in the presence of his/her parent or guardian, except when the qualifying patient resides with the primary caregiver at the dwelling, and except when the qualifying patient visits are for purposes unrelated to primary caregiver services, and

 

(2). A notice that no dispensing or consumption of medical marijuana shall occur at a dwelling in which a primary caregiver of medical marijuana is providing primary caregiver services to qualifying patients, except to or by a qualifying patient who resides with the primary caregiver at the dwelling.

 

They may only have 5 patients in their home at any time and none of them can purchase or consume

 

And there's plenty more objectionable crap in this document. The front line has come to Cheboygan. We are entrenched and ready to engage our opponents!

[justinmclean1]

What are the legal definitions of dwelling that they are refering to, will a cot inside the enclosed locked building qualify it as a dwelling? We all should fight this but let's not only do it with a lawyer but with our ability to think and reason for ourselves, use their own laws against them every step of the way while fighting to get them remanded back to the pile of bunny muffin legislative donkey that spewed them forth in the first place. Remember these people were put in the position they are in by us let's remind them of that above all else.

[Northern Lab]

Yeah, i'm sure this database they want to build won't be misused at all.

 

I wish I had millions of dollars, I'd have these authoritarian county and township boards in court so fast it'd make their head spin. The only way to make them see it our way is to cost their taxpayers thousands of dollars defending their idiot governing boards. basstards.

Edited August 17, 2011 by Northern Lab

[Shredder]

Is there any legal recourse for folks to go after the source of the townships and cities legal advise? It seems like these ordinances are blatantly illegal, and soley political, and they aim to thwart the law, and they are advised by the municipal leagues legal firm. Hubbard law I believe. That might be good place to cut off the snakes head...shredder

[copper]

I live in WI and have been following these forums fairly close because I'm thinking of moving to MI in a few months. I feel for everyone effected by the way the counties, etc. in your state are handling the medical marijuana situation. This really concerns me because I am on Social Security Disability partially due to chronic pain and I was hoping to get my card.

 

I have been researching MI looking to find a place that fits my needs. Luckily with my Social Security income I can go anywhere where rent is reasonable. But now I am wondering where a safe place would be in MI if the Counties, etc continue their regulations.

 

I don't even live in MI yet but I would be happy to donate what I can to the cause as soon as I figure out how to do it.

[Brad]

This ordinance got worse today when I realized it allows a Zoning Enforcement officer to inspect the dwelling of caregivers who apply for a permit.

 

I attached evidence of the crime.

 

We are fighting! I have called for a meeting of all Cheboygan County patients and caregivers. It will take place:

 

Monday, August 22, 7:00pm

Pigeon River Country Bar & Restaurant

638 M-68, Afton, MI

MAP - http://maps.google.com/maps?q=pigeon+river+country+pub+afton+michigan&ll=45.374669,-84.499669&spn=0.009104,0.020363&oe=utf-8&client=firefox-a&fb=1&gl=us&cid=0,0,1617628384126696420&z=16&vpsrc=0&iwloc=A

 

We are meeting in the bar. We will discuss our options and formulate a game plan to defend the Michigan Medical Marihuana Act from those stealing what they lost at the ballot box. I have discussed our options with Matt Abel so we do have some of the best legal advice in the state.

 

We invite our friends in surrounding communities to attend as well. This will be a very informative meeting and will help prepare you when your officials try to jam an ordinance up your a........

Cheb Zoa Med Marijuana (PC Final) 6-16-11.pdf

Section21-3.pdf

[Croppled1]

Talk about a catchy tag line" county castrates caregivers " not to far from accurate .In Livingston County medical patients are now being lumped together to as " Narco terrorists " . Once you dehumanize then injustices can go on unquestioned . It seems easier to contemplate not allowing a medical defense or anonymity like the act promises because years of discrimination were envisioned . The best thing that could happen to the State is if all marihauna laws were whiped off the books period . Nothing would change except the money that crosses hands that shouldn't .

Edited August 18, 2011 by Croppled1

[Brad]

The Empire Strikes Back!!!

 

Today I filed this "NOTICE OF INTENT TO CHALLENGE". We now have 23 days to get 1500 signatures to force the ordinance onto the November ballot so county voters can decide if this ordinance should be law.

NOTICE OF INTENTION TO CHALLENGE

 

Pursuant to the Michigan Zoning Enabling Act, Act 110 of 2006, § 125.3402 Notice of intent to file petition. (Section 402), you are hereby notified that the aggrieved party, Bradley Allen Forrester, residing at 2868 Whiting Road, Cheboygan, MI 49721, who is a registered elector in the County of jurisdiction, is challenging the enactment of Zoning Ordinance Amendment #91, an ordinance to amend the Cheboygan County Zoning Ordinance 200 concerning medical marijuana.

 

Acting on behalf of, and cooperatively with other registered medical marijuana patients and caregivers in the County, we hereby formally protest the passage of Zoning Ordinance Amendment #91. Provisions of this instrument conflict with MCL 333.26421 et. seq., may be harmful to the families and children of those effected by it’s passage, and will generally have a negative impact on the community by encouraging an influx of illegal narcotics traffickers to provide medical marijuana for legal, registered patients.

 

The provisions of this amendment do not “implement land use regulations to address medical marijuana in accordance with the MMMA”. They attempt to restrict a use deemed legal by voter-initiated legislation, a law that requires an affirmative vote from 75% of all members in both our House of Representatives and Senate to amend.

 

 

Bradley A. Forrester