Fruitport Township Ordinance Going Into Effect

[wethepeople2011]

Please help...this is the ordinance my township is voting on this next week. It would require me to pay out over $5500.00 due to license fees, surveyor fees (have to have my property surveyed and all other parks, churches, daycares, that may be in a 1000 foot area to make sure it is NOT or I can not grow. Along with having to put up a survailance system. AND, I am a caregiver for my husband who can not physically do the growning, but they only allow the caregiver to smoke in the house and no other...are any of my civil rights violated here or any state laws? I do not have the $ for this much less then try to hire a lawyer to fight it for me. Any suggestions would be appreciated.

FCT Ordinance (drafted 10-14-11).pdf

[Timmahh]

impo, they would be acting illegaly and against the Act passed by the will of the people, as well as the State itself. No county/township/charter,city or other municple entity, can institue any regulations that are above and beyond those authorized by the state. they have no legal authorization to implement such restrictions or rules, and therefore in doing so, would be adding legal hurdles above and beyond the Act as passed and implemented, that go far beyond what is outlined in the Act. I would Suggest they be sent a link to the LARA Website on the Michigan.gov webserver, and Read The Law in its Entirety, then consult with their Lawyer on the implications of makeing laws that are beyond the laws in the state in which they reside.

 

 

 

Also, under the Federal Hippa Protections which is part of the Act, a Patient or Caregiver registered under the MMMP, is a Medical Patient, and the info that decerns they are a medical paper, is confidential per Federal HIPPA laws, thus NOT PRIVY to other actions requireing disclosure of Personal Medical Information. Medical Information is private, and can ONLY be forwarded with a Pts written consent.

 

in other words, your husband would have no requirement to adhere to any local ordinance as long as he is acting in Full accordance with the MMMP and the Act itself.

 

They can not look at the registry and see if their are any residents in their communitys on it, nor can they force your husband or anyone else in your community to willingly breach your Federal HIPPA protections, or the Protections of the MMM Act we passed in 08, by notifying the municipality that he is a pt and you a cg on the registry.

 

even if your landlocked between a school, playground and 3 churches, their is NOTHING they can do... You are not a dispensory or other such entity, you are private citizens of Michigan following Michigan Laws.

[mike44]

I believe that since your privacy is guaranteed by state law, they cannot force you to reveal the fact that you are a caregiver. They are forcing you to give up the right to privacy, and I really don't think they can do that. I may be wrong, but I don't think so.

[jjbigs]

have your hubby drop you as c.g and check pt will possess plants. Keep door locked. Keep mouth closed and go about your business as if nothing is dif! even though you say your hubby cant do the gardening. you can, maybe not legaly but if no one knows your growin i dont think ya have to worry about getting caught in the room gardening for your hubby!

shhhhh dont tell people and dont worry!

 

there is no reason for the police to come to your door unless you give them one. dont swet the new twp rules or laws. I live in a private subdivision that is always passing rule for the members guess what? they are not as good as the paper they are written on! the county or state will not enforce anything that is not in their laws!

 

an example the association im in is a private lake,,and they just passed a rule that you cannot water ski or tube or no pwc's on lake between 11am and 2pm (for people who fish) and no skiing or tubing after 7 pm in the summer months,,,the county police have access to our lake Only thru our private boat ramp (the lake is totaly land locked by private property) all water is public property if there is a creek or river that feeds it! the sheriff does not inforce a private assoc's rules unless they are part of a state or twp or county rule! the private lake is fed by a creak that fills the next to lakes also! so if ya can get on the lake way back in the woods on state land on the creek,,you can go on the private lake and do what you please as long as it dont violate county.twp or state law!

[peanutbutter]

They did the same thing in Grand Rapids.

 

Only one single caregiver applied for the license. It was turned down.

 

Since then, no one has paid any attention there.

[The Digital Nomad]

Calm down.

 

"It is not the intent of this Chapter to prohibit any use or activity guaranteed protection by the

Michigan Medical Marihuana Act, but to enact regulations which address the possible adverse

secondary effects of facilities used for the cultivation, sale or dispensation of medical marihuana;

to ensure that such facilities are not covertly used for unlawful purposes not authorized by the

Michigan Medical Marihuana Act; and to ensure that these types of facilities do not create or

cause adverse effects that might contribute to the blighting or downgrading of the surrounding

area.

 

it is a memoriam/ordinance proposal for businesses or business run out of the home.

you ain't a business.

 

DN

[free country 420]

similar ordanace here im not singing up screw them im within michigan state law....

[Timmahh]

if you are not a business entity, your business is personal. stay Withing the legal parameters and you should be good.

 

A county can not usurp a state law. they can not make you do more than state laws/statutes allow.

[CedarSpringsCG]

My township passed an ordinance, worse than this one. It says if you are growing for anyone outside your home, you HAVE to set up in a commercial location, as a staffed dispensary, but can't have any more than your 5 patients. Meaning you are paying for a full commercial location for only 5 people. That would be expensive. As stated before, the fruitport ordinance is if you are doing it for more than your husband. unless of course you are charging him, then it could be construed as a home occupation. Otherwise it is just a hobby. If you plan on making more than $600 a year off of it, it is NOT an occupation.

 

Where some people think they can't further limit the law, well it depends on how it is done. State law says you CAN be a caregiver, and your township can't stop you from doign so, but they can say it has to be in such and such a zone because the state doesn't say you can do this in a residential zone. The township isn't stopping you, they just say you have to do it in a specific spot. One way around that is if that situation doesn't exist. Like if they say you have to be in an industrial zone, but then they don't have any industrial zones.

 

As far as disclosing you are a CG, well HIPPA won't cover your status as a CG. It can cover who you are a CG for, meaning you shouldn't give them that info ever, but the fact you are a CG isn't covered in HIPPA. That's like saying a doctor can't admit they are a doctor. No, they do admit they are a doctor, and can even say who they are a doctor to, they just can't discuss any treatments, ailments, etc.

 

I think Some of these ordinances are out there just to see if anyone will actually sue them over it.

 

Your best bet is to keep it quiet, don't let anyone know, just for your own safety. They are trying to block all dispensaries, or dispensaries opertaing out of a home. They don't care about you growing for your husband.

 

Did they already pass a No P2P transfer ordinance? My township did...

[The Digital Nomad]

no p2p is statewide due to the COA ruling recently.

 

Even birmingham or bloomfield hills said that if police came to your house for a smell or marijuana complaint and you had not registered with their department - its a fine.

 

The MMMact does not say that a CG is a business - it just says that they may be compensated for their services, the law says that the transactions are not 'sales'.

So - are you in business? Are you selling? According to the MMMAct - No.

 

The IRS sent a letter to a known accountant who asked about the MMMact and filing taxes. The IRS basically said - "Since we cannot access the MDCH MMMP database - we have no idea who is a CG or not, so we cannot determine who should have filed."

 

I would use the state law over the local ordinance.

 

DN

[The Digital Nomad]

oh yea - avoid running the CG business out of your home. Deliver to your patients.

 

DN

[Brad]

Here's the dish on these ordinances....

 

They are in fact unenforceable. I would love to speak with just one person who has been cited by any municipality for violating a local medical marijuana ordinance. These ordinances are strictly for show and have no teeth.

 

BTW, there is a debate in the legal community regarding federal HIPAA protections. The paperwork you send to the State is protected by specific language in the Act itself. It's presumed the Michigan Department of Community Health is bound by HIPAA to protect that information, but that has not been decided by any high court yet. Any information you provide to a local municipality will NOT be covered by HIPAA as you have volunteered that information and no medical release was signed by you. Some municipalities (like Cheboygan County) believe that because your state information is (in their opinion) covered by HIPAA, any info you provide to local officials must be covered by extension. Friggin idiots!

 

I put our local officials on notice, if anyone in this County is cited, we will get a lawyer and haul the County into court. Additionally, I hired an attorney to fight our ordinance. The key is not to challenge the entire ordinance, but challenge each provision of the ordinance one at a time. That keeps the County in court spending money on a law that is unenforceable.

 

Start organizing locally. That's the only way to beat back Schuette's wolves.

[CleanD]

Calm down.

 

"It is not the intent of this Chapter to prohibit any use or activity guaranteed protection by the

Michigan Medical Marihuana Act, but to enact regulations which address the possible adverse

secondary effects of facilities used for the cultivation, sale or dispensation of medical marihuana;

to ensure that such facilities are not covertly used for unlawful purposes not authorized by the

Michigan Medical Marihuana Act; and to ensure that these types of facilities do not create or

cause adverse effects that might contribute to the blighting or downgrading of the surrounding

area.

 

it is a memoriam/ordinance proposal for businesses or business run out of the home.

you ain't a business.

 

DN

 

 

actually that's the major issue... how they define home business. unless they change the language, it's problematic... a strict patient shouldn't have to license, but i truly see no problem with issuing one for a caregiver... as that could be interpreted as a home-based biz... which should be allowed.

 

overall, this is the direction that i would like to see... moving towards ordinances, licensing & taxation... presupposed that one could operate a caregivership as a business enterprise... a home-based business where profit incentive is allowed for. this town is just a little off on the language, but the intention is to regulate dispensaries & commercial grows... that much is clear. help them out... bring this to their attention at the meetings... work with them to bring about sane/workable ordinances.

[wethepeople2011]

Confidentially I hear means nothing really now...the Fed govt supoena'd the state and has obtained the list from the healt dept. Any township can now access this information through the fed. govt. So they know who and where you are now. Just frustrated...we the people vote and them the idiots take away...AGAIN! VOTE THEM OUT!!!!

[mike44]

Confidentially I hear means nothing really now...the Fed govt supoena'd the state and has obtained the list from the healt dept. Any township can now access this information through the fed. govt. So they know who and where you are now. Just frustrated...we the people vote and them the idiots take away...AGAIN! VOTE THEM OUT!!!!

 

The federal Gov't did NOT get the entire list of patients & caregivers. Just the ones on the subpeona. If they had given all the names, the state would be buried in lawsuits up to their shuette hole right now. And they would be losing them too.

[The Digital Nomad]

Confidentially I hear means nothing really now...the Fed govt supoena'd the state and has obtained the list from the healt dept. Any township can now access this information through the fed. govt. So they know who and where you are now. Just frustrated...we the people vote and them the idiots take away...AGAIN! VOTE THEM OUT!!!!

 

1. I already explained the ordinance did not effect individuals in their homes.

2. now you are telling people this FUD? No twp, no agency, no feds can access the MDCH database. Your records are still private, the IRS, the ATF, DEA cannot cross reference the MDCH database.

 

I was going to stop closing threads, but this one I think is good to go! - DN

[Timmahh]

Confidentially I hear means nothing really now...the Fed govt supoena'd the state and has obtained the list from the health dept. Any township can now access this information through the fed. govt. So they know who and where you are now. Just frustrated...we the people vote and them the idiots take away...AGAIN! VOTE THEM OUT!!!!

 

 

I have seen this posted on a variety of sites, but to date, there has been no evidence presented to support this claim. Anyone have a link stating something of this nature?

I believe you are taking out of context a few cases that are being persuade at the federal level, that originated here in MI. for those individuals. only names on the subpeona were turned over by law. Saying the Fed can access every name on the list is not a fact, and does nothing to bring clarity to the Truth and the Law.

 

 

but at any rate. another aspect to remember. to be a Business, implies their will be profit. if their is no profit, one should open as a NPO, Non Profit Organization. now im not sure of any standing regulations on an NPO, but i don't think their are many the regulate how/where/when/why a NPO operates.

 

so, imo, being a CG, is not a business, but a carreer. As a self employed contractor, my home is my storage, office tool shed ect.. nothing in my county or township code inhibits me from being a 1099 tax paying self employed citizen from operating my work from my home. nothing forces me to have to rent a different location to contract myself out for work.

Being a CG is not any different in this respect. if you are not a store front, and you operate under a 1099 cash based income, you should have no reason to do anything special to be allowed to perform this action from your home.

[The Digital Nomad]

that statement is absolutely not true, no use getting new patients and CGs upset.

 

Agree- show us a link that made this person think this. I am sure we can decipher it.

 

DN

[Timmahh]

i reopened so if there is a link to this information, it can be posted in here, instead of having a new thread strated....

 

but yes. if you have direct info and proof of that statement, PLEASE link us to it. It would be Extremely important issue if this were true.

[cristinew]

it was a case in lansing the feds got the list not sure what case it was

[Timmahh]

ok. Yes the fed Did get access to the 2 or 3 individuals named on the subpeona, singed by a federal judge, as required by law. but they did not get access to the registry.

and yes they and others in the state have/are trying, but without a subpeona, seemingly federally issued, no one gets info from the registry on anything over your card number being valid or not, and a name related to the card number via the LEO LEIN system.

[cristinew]

GRAND RAPIDS -- A federal magistrate judge has ordered the state turn over medical marijuana records related to a federal drug investigation.

 

U.S. District Magistrate Judge Hugh Brenneman Jr. said the state law allowing medical use has no impact on federal laws that criminalize the use of marijuana.

 

He said the Michigan Department of Community Health must comply with an administrative subpoena issued by the U.S. Drug Enforcement Administration agents investigating suspects in the Lansing area. Michigan Association of Compassion Clubs, Cannabis Patients United and Americans for Safe Access argued that the state would violate privacy rights of medical marijuana patients by complying with the order.

 

Michigan Department of Community Health balked at providing the records, but state Attorney General Bill Schuette, an opponent of medical marijuana, said the state would comply if ordered to do so by a judge.

[Timmahh]

So that shows LARA and MDCH infact refused to turn over records and only until BS put his filthy hands into it, was protecting everyones private medical records. until they got the Federal Subpeona signed by a Fed Judge i believe.

[Hempcheff]

That is right on target timmahh!

 

 

im sure he is tryin to figure out how to get 100000+ subpeonas signed by a federal judge as we speak...

[The Digital Nomad]

Correct - so the MDCH MMMP is not wide open for any agency to view or query at will. Just as the Act provides, you have patient confidentiality.

 

"investigating suspects in the Lansing area" This was so early in the begining of the MMMP, I had wondered if these were people who were operating prior to the Act being official. And what is there? applications and doctor's recs.

 

DN