Judge: Case Against Homeowners Charged With Pumping 'intense' Medical Marijuana Odor Can Go Forward

[Restorium2]

Oh I know you dont! but I also dont see you writing in here that your having issues with leo either eh?

 

Thats your Lake? Yea I like that lake! I hate the walmart in tawas,or the gas station, darn it always fricking freezing there! the wind off of your lake is pure Heck in the winter! lol

 

Peace

Jim

No issues with law enforcement at all. I understand who would be the nose in power here though. I don't like him in my yard let alone looking in my house at my grow. If you even hint at giving them this power then then they would take the ball and run with it. If that happens I'm done doing this in a way that puts him in my house looking at my grow. I'm prepared for that. Doesn't stop me from trying to stop it from happening. All good things come to an end and it's the same for the wild wood weed(so to speak). If you know the song you know there's really no end, just another chapter.

[bobandtorey]

Like I said earlier, and I only remember him from here, why would any one want to be in court for something they could fix and just be done with it, It has to be a neighbor problem that realy has nothing to do with mm, I dont know why any one thinks its stinky, now I can under stand the skunk thing, but mj does not smell like a skunk, it is just a name we give our potent weed, skunk budd, who the hell want to smoke or eat anything that actual smells like a rea skunk?

 

 

Hey no comments from the peanut gallery!

 

Peace

Jim

Me to I have talked to him many times and he would come to the rally's also

He sways wanted to be in court he would tell me

Lucky for him he does have some $$ to fight it

 

 

[phaquetoo]

No issues with law enforcement at all. I understand who would be the nose in power here though. I don't like him in my yard let alone looking in my house at my grow. If you even hint at giving them this power then then they would take the ball and run with it. If that happens I'm done doing this in a way that puts him in my house looking at my grow. I'm prepared for that. Doesn't stop me from trying to stop it from happening. All good things come to an end and it's the same for the wild wood weed(so to speak). If you know the song you know there's really no end, just another chapter.

Only time I had issues with em, I was out camping and got walked up on, or was to loud and drew attn to our site!

 

I truly dont believe in schitting where i eat, well I guess unless im in my house on wheels in national forrest! woo hoo, been caught medicating in national land and in an indian reserve casino hotel, I actualy had the vape in my mouth whent leo came in lmao! nothing at all happend there, only wanted to see my card and i.d and off they went! I pretty much fluanted it in the beginning, ive had my fun, my worrys, time to just chill and lay low and do my own thing, I dont like going to jail, they call me names like old school or old man now

 

Peace

Jim

[bobandtorey]

 

Quit, move, or pay the conseqences!

 

Peace

Jim

I agree but will add he can Fight it

[bobandtorey]

 

Only time I had issues with em, I was out camping and got walked up on, or was to loud and drew attn to our site!

 

I truly dont believe in schitting where i eat, well I guess unless im in my house on wheels in national forrest! woo hoo, been caught medicating in national land and in an indian reserve casino hotel, I actualy had the vape in my mouth whent leo came in lmao! nothing at all happend there, only wanted to see my card and i.d and off they went! I pretty much fluanted it in the beginning, ive had my fun, my worrys, time to just chill and lay low and do my own thing, I dont like going to jail, they call me names like old school or old man now

 

Peace

Jim

 

Funny stuff Jim

[phaquetoo]

I agree but will add he can Fight it

Thats what i ment by the conseqences! Im sure you would like your problem to go away, now if you were warned ahead of time, Id like to think you would have done what it took to comply or just quit instead of this long drawn out b.s your going thru!

 

Peace

Jim

[bobandtorey]

 

Thats what i ment by the conseqences! Im sure you would like your problem to go away, now if you were warned ahead of time, Id like to think you would have done what it took to comply or just quit instead of this long drawn out b.s your going thru!

 

Peace

Jim

 

Sure we would of stopped if they would of sent us a letter

[Ms Chocolate]

I thought city laws could not be MORE RESTRICTIVE than the state's law.

 

If the smell is coming from farming activies, is that smell not protected under the Fatm Act? this is one reason why the city of Detroit (among others) were asking for changes to the Farm Art. There will be smells with urban farming that long time resi should not be forced to live with, but right now, they must.

 

What if the smell is from an animal? A person can not be sited for having skunks or dog poop on their property, can they (if so, I need to go after my neighbors. I can't sit in my yard because of the smells)?

Edited March 1, 2013 by Ms Chocolate

[Restorium2]

I thought city laws could not be MORE RESTRICTIVE than the state's law.

 

If the smell is coming from farming activies, is that smell not protected under the Fatm Act? this is one reason why the city of Detroit (among others) were asking for changes to the Farm Art. There will be smells with urban farming that long time resi should not be forced to live with, but right now, they must.

 

What if the smell is from an animal? A person can not be sited for having skunks or dog poop on their property, cam they (if so, I need to go after my neighbors. I can't sit in my yard because of the smells)?

Exactly. That's why we DON'T NEED to be coddling these locals just so we can have dispensaries. There's nothing in it for us. It's a terrible trade. They are writing a medical marijuana law that lends credence to us being regulated at a local level. Just the thought of it empowers overzealous locals.

[Timmahh]

That is why there are different zones. Ag zone, residential etc.

 

I would say residential shouldnt be burdened by what is truly excessive fumes or odors.

 

As i said, this particular case has some intersting extenuating circumstances involved and this fight was... well.

 

Anyhow,... common law on this basic issue in a residential area in a munipality that has an ordinance against odors/fumes in their nuisance code, can request that you abate in some way that excessive odor if it truly is a real problem.

 

RIght, You have never lived in Midland County. Depending on wind direction, and Temperature, and Proximity to the DOW Complexes, you get ODOR whether you like it or not... It is a part of Life. Dow doesnt get Fines for ODOR Releases, and Residents dont get to complain about it.

 

What if the Smell was Lilacs, very Odorous, and what If your neighbor had a wife that left him for a Biker, that loved Lilacs, but now, HATES Them... and punishes you for it?

 

Where do the Property Laws define what is Offensive? That is what this will boil down to. and fact is, one persons Perception of smell is not the same as someone elses, and this boils down to Opinion. Fact of Law is the Farming Act, and the MMMA (regardless of Property Laws) will win in the long run, but not before the push to make this a major bone for all counties to pick on. But once its put through the system, and if Properly Argued, it should end up being dismissed, as they can not make ANY rules that are MORE RESTRICTIVE... and those are the bottom lines.

 

I agree, you should be respectful of odors from growing. It can be overwhelming if there are issues happening, but with that said, Anyone live next to a Brake Pad Plant?

Edited March 1, 2013 by Timmahh

[+Malamute]

One must read the Farm Act closer.

 

I aint saying i like it,... i am just telling ya what happens usually.

 

This case we are discussing is a bad example for this topic.

 

It would take like cooking oil down for a few days exhausting the fumes to your neighbours to cause a problem or something....

 

A basic grow with any air filtration is fine and dandy.

 

It is a common law issue and will be decided by the Judge.

 

It isnt exactly easy to win/prosecute a nuisance claim on smell. It has to be pretty bad. Like i mentioned,... septic tank .

 

Corporations tend to get exemptions. Some cases are won against corporations though for emissions. Not many. And even so, it is civil and they just pay the fine. No biggie.

[mibrains]

the right to farm act does not apply to residential zoned property to the extent it would protect us here i do not think.

 

 

if your association, town, city or county creates zoning rules you have only a couple of choices.

 

it is a vote by the people. your local municipality will have a list of all the rules for your neighborhood. zones come up for change frequently.

 

maps and types of use change as needs change.

 

smell is protected from industrial parks to the extent it does not contaminate the air.

 

there are literally tens of thousands of documents on air purity standards in this country.

 

if your local government passes rules you must fight them if you disagree. if they pass anyways you can do many things.. but understand it is a personal decision for each and every one of us.

 

no one answer fits the same people.

 

they ruled no caregivers in my township. we went to the meetings.. we worked for months.. in the end.. they passed it.

 

now there's a whole new set of rules in my community that apply to caregivers.

 

they can regulate it. they are. and people have to decide every time what level of activism suits them.

 

i can't say to a new caregiver.. hey.. there's a new zoning law but... go ahead and ignore it....

 

the card will protect you?

 

maybe.

 

probably.

 

but to what extent? and at what cost?

 

this smell issue is way more complex than it appears on the surface of course...

 

i don't think they can regulate us based on smell but some places will try..

 

if someone starts complaining then its decision time.

 

each of us are going to approach this decision differently.. because it is a personal decision.

[+Malamute]

These are somewhat relevant to this topic. Sen Judiciary Committee:

 

SB 35 Sen. Smith Cities; other; failure to pay civil fine and costs imposed by a city administrative hearings bureau; penalize under certain circumstances.

 

SB 36 Sen. Johnson Land use; zoning and growth management; persons delinquent in paying blight violation fines; allow cities to make ineligible for zoning approvals.

 

SB 37 Sen. Schuitmaker Construction; permits; persons delinquent in paying blight violation fines; allow cities to make ineligible for construction code approval.

 

SB 38 Sen. Jones Civil procedure; garnishment; garnishment for failure to pay fines or costs ordered under the home rule cities act; provide for.

 

SB 39 Sen. Hunter Civil procedure; foreclosure; power of a home rule city's department of administrative hearings to foreclose on property; establish.

[jointedone]

So does this mean cops should arrest SKUNKS? I think it does. Good Luck with that.........

[bobandtorey]

To me it's not about a smell it's about the Marijuana and growing it in their Town and they don't want it their or anywhere in any town Imo

Edited March 1, 2013 by bobandtorey

[peanutbutter]

You missed the point again. How do you know that he is in court for something he CAN fix? Maybe he is a bad guy. Doesn't matter. It's the ISSUE that matters. How would you get out from under an overzealous local official that has the "Powers Of The Nose' handed to him?

 

You can't fix a family of skunks ..

 

There is ZERO smell from his grow. I've gotten calls several times from Mike telling me the popo had just left.

 

I went to his house. Walked around the building. Did everything I could to smell his grow. Can't smell it AT ALL.

 

The last time they arrived at 5:30 AM banging on his door insisting that he shut off his exhaust fans. The lights were off at the time.

 

Then, after the cop left, someone noticed the skunk ...

 

He has been doing everything he can to stay well inside limits. Including odor limits.

 

Ya just can't put a charcoal filter on every skunk in the area.

[peanutbutter]

Mike and his wife are both patients and caregivers.

 

Ypsi township has insisted that he grow a maximum of 12 plants at that location. If he were to grow more than the 12, they have told him they would completely destroy every plant he has.

 

Ypsilanti township has established that only one patient may grow in a location. Caregivers not allowed. More than one patient in one house .. not allowed.

[peanutbutter]

If you have your window open at night and a skunk walks by, your eyes might water ..

[peanutbutter]

Dutch is running with, at LEAST, sixty pounds of activated charcoal.

[bobandtorey]

He is a good guy if he needs support let me know I will come to his court day

[bobandtorey]

Mike and his wife are both patients and caregivers.

 

Ypsi township has insisted that he grow a maximum of 12 plants at that location. If he were to grow more than the 12, they have told him they would completely destroy every plant he has.

 

Ypsilanti township has established that only one patient may grow in a location. Caregivers not allowed. More than one patient in one house .. not allowed.

 

So now we all know the real reason is like I said they don't want it in their town IMHO

[peanutbutter]

So now we all know the real reason is like I said they don't want it in their town IMHO

 

And they think they can kick it out of town if they can smell it.

 

Then along comes a skunk ..

Edited March 1, 2013 by peanutbutter

[bobandtorey]

 

 

And they think they can kick it out of town if they can smell it.

 

Then along comes a skunk ..

 

Or even see it grow they may turn to stone lol

[Northern Lab]

Live traps and sardines.

 

You'll get some cats, but you'll get the skunks too.

[shishka]

PB and Resto preaching the skunk together. Who would of thought...