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Taking Down Flushing's Ordinance


GregS
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Mr. Komorn has some compelling reasons to start our effort to work against restrictive ordinances with the City of Flushing. A resident there is going through the grinder and is facing fines and jail time. It is a good place to start for that and other reasons, the least of which is that we hafta start somewhere.

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Mr. Kormon has some compelling reasons to start our effort to work against restrictive ordinances with the City of Flushing. A resident there is going through the grinder and is facing fines and jail time. It is a good place to start for that and other reasons, the least of which is that we hafta start somewhere.

 

 

Let the show begin!

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NO.________CITY OF FLUSHINGAN ORDINANCE TO AMEND CHAPTER 153 BY ADDING ADDITIONAL REFERENCES TO SECTION 153.102 BY AMENDING 153.308(D) BY AMENDING SECTION 153.310 TO ALLOW FOR CHANGES TO THE SCHEDULE OF USES TO AMEND AND ADD SUB-SECTION AB-1 TO 153.901AB IN AN EFFORT TO REGULATE THE USE OF MEDICAL MARIJUANA; THE REGULATION OF PRIMARY CAREGIVERS OF MEDICAL MARIJUANA; SPECIAL USE PERMITS; APPLICATION; VIOLATION; PENALTY; PUBLICATION AND EFFECTIVE DATE.THE CITY OF FLUSHING ORDAINS:Sec. 1 Adoption. The City of Flushing, Michigan does hereby adopt amendments to Article 153.102 amending 153.310 and amending 153.901 of Chapter 153 of the Code of Ordinances of the City of Flushing. Section 153.102 The following shall be added to 153.102 as a second paragraph:The City Council of the City of Flushing, Michigan, does hereby recognize that the citizens of the State of Michigan, through initiative, have adopted the Michigan Medical Marijuana Act, that being MCLA 333.26421 et seq and further determine that it is in the best interests of the citizens of the City of Flushing, Michigan and the health, safety and welfare thereof to regulate the possession, use and/or distribution of marijuana within the corporate limits of the City of Flushing, whether said possession, use and/or distribution is legal or illegal. The City Council also believes, based on California studies and others, that the congregation of caregivers may increase crime and that the providing of care giving is a commercial undertaking which should not take place in a residential area, and should be set apart from children, other caregivers, other recreation or public places so that the services of the caregiver remain private and confidential.Section 153.308(D) shall be amended to add the following sentence: General business districts, by special use permits, may include registered medical marijuana care providers.Section 153.310 – Schedule of Uses – under the caption Commercial Uses and following the listing of Marine Sales and Service by adding Registered Medical Marijuana Caregivers and providing under the column B-2: S#AB-1.AB-1 Shall be added to Section 153.901 and shall read as follows:(AB-1) Registered medical marijuana caregivers shall be subject to the following conditions:1. They shall operate only in a B-2 Zoning District by Special Use Permit. Each shall submit to a criminal background check, free of felony convictions and criminal charges involving drugs or narcotics.2. No more than one registered primary caregiver may provide medical marijuana care at any premises or parcel of property. (A premises or parcel means: one commercial business premises having a separate postal address and taxed as a separate parcel for real estate tax purposes.) 3. Provide medical marijuana care to no more than five (5) qualified patients and only in compliance with MMMA.4. Possess no more than 2.5 ounces of useable marijuana for each qualified patient for whom he or she provides care, nor have in excess of twelve (12) medical marijuana plants for each qualified patient and only kept in an enclosed locked facility.5. No registered primary caregiver shall grow marijuana for more than one (1) qualifying patient on any premises within the City of Flushing until such time as said premises have been fully inspected by the Chief of the Fire Department or his designee and the Building Inspector. Prior to issuance of a Special Use Permit the Fire Chief and the Building Inspector shall both certify that they have inspected the premises and find that the premises is equipped with a sufficient number of enclosed and locked facilities for compliance with the MMMA for the number of qualified patients asserted by the registered primary caregiver and that the premises is reasonably equipped with electrical, plumbing and safety equipment so as to allow the safe and legal production of medical marijuana in compliance with all applicable building codes. In the event that a registered primary caregiver wishes to increase the number of qualified patients, not to exceed five (5) qualified patients, then he or she shall apply for an amendment of the Special Use Permit. The Fire Chief and the Building Inspector shall reinspect the premises to assure that there is compliance with building and safety requirements. The Chief of Police shall inspect for crime prevention through environmental design 6. Said premises used by the medical care provider may be no closer than: Five Hundred (500) feet from schools, daycare centers, places of worship, parks, or other medical marijuana caregivers.7. All medical marijuana caregivers and all assistance given to a patient shall occur within the confines of a building authorized by a Special Use Permit under this Section; and in locations not visible to the public and adjoining users.8. There shall be no signage identifying a medical marijuana caregiver’s presence or a place at which medical marijuana is distributed. 9. A medical marijuana caregiver who may be operating an existing facility before the date of this Ordinance must make application for and receive approval to continue such operations.10. A property owner or medical marijuana caregiver shall have no vested rights or non-confirming use rights that would serve as a basis for failing to comply with this Ordinance or any amendment thereto.Section 2. Publication. This Ordinance shall be published in the Flint Journal Flushing Observer Section.Sec. 3__ Effective Date. This Ordinance shall become effective twenty (20) days after enactment and after publication hereof.At regular meeting of the City Council of the City of Flushing, Michigan, held on the _______ day of ___________, A.D., 2011.The adoption of the foregoing Ordinance Amendments was moved by: ______________________________ and supported by ____________________________.Voting For: _________________Voting Against: _______________The Mayor declared the Ordinance ADOPTED.CITY OF FLUSHING, MICHIGAN George G. Kozan, MayorNancy Parks, City Clerk/Treasurer PREPARED BY:EDWARD G. HENNEKEFlushing City Attorney2377 S. Linden Road, Ste. BFlint, Michigan 48532(810) 733-2050

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Looks like a very tight ordinance.

 

Could definitely use some modification.

Modification? You must be kidding? The whole thing is statewide illegal. It's like they think they can re-write state law. The Flushing attorney should be sued for malpractice. They have to follow state law just like the rest of us. No short cuts. If you don't like a state law then you will have to work to have it changed, not just wave your magic Flushing wand.

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Res. Anyone ever told you you have the sense of humor of a mud fence?

 

But you may be right. Perhaps you might it have gotten it if I had added a smile face next to it.

Sarcasm is wasted on the internet. Often misread by those who wish you would have meant it. In this situation, where people are ignoring the obvious because of their ideas, it's not good to assume that someone will get the sarcasm, and not take the ball and run towards the wrong end zone.

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Sarcasm is wasted on the internet. Often misread by those who wish you would have meant it. In this situation, where people are ignoring the obvious because of their ideas, it's not good to assume that someone will get the sarcasm, and not take the ball and run towards the wrong end zone.

 

Much that passes for humor in speech is indeed wasted in print. Without tonality, it is impossible to express it in many, many cases. For that reason, I find it best to steer clear from it, unless the import is quite clear.

 

We are drafting correspondence to people in City government to feel them out on the issue. Responses will let us know how to proceed.

 

Richard McKone, the City's attorney, is on the short list. Because he consults with other towns, to include Fenton and, I think, Linden, one win can play in those communities too. I understand that he is at ground zero in working these ordinances. With luck and our help he will be looking for another job. His practice is solely in Municipal Law.

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Much that passes for humor in speech is indeed wasted in print. Without tonality, it is impossible to express it in many, many cases. For that reason, I find it best to steer clear from it, unless the import is quite clear.

 

We are drafting correspondence to people in City government to feel them out on the issue. Responses will let us know how to proceed.

 

Richard McKone, the City's attorney, is on the short list. Because he consults with other towns, to include Fenton and, I think, Linden, one win can play in those communities too. I understand that he is at ground zero in working these ordinances. With luck and our help he will be looking for another job. His practice is solely in Municipal Law.

There you go. What about G3C? They are close by. You would think they would have been all over this.

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Flushing is largely upscale, but not as extravagant as are, for instance, Grand Blanc and parts of Flint Twp, to include Western Hills, where people live when they have "arrived." Many professionals and business people reside there. While there are members of the middle, and just a few lower middle class, it is dwarfed by yuppies and dinks.

 

I am looking for residents of the City to determine their status and willingness to participate. PM is preferred. There is the chance that cannabis users can jeopardize themselves if we are too overt.

 

As this moves ahead we will do what is necessary. A forum to bring the players to the table has been discussed. There are a couple of lovely parks in town, and a County Library branch.

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The City of Wyoming filed for leave to appeal with the SC on 9/7/12. I think it is better than even money that the Court will refuse. Nonetheless, until and unless the Court agrees, the Appellate Court decision stands. The option for other communities is to abide by Ter Beek, try to wait to see what the SC decides IF the appeal moves forward, or continue to flat out stonewall. These last two options could mean they will have to take their chances in court if someone, like us, forces the issue. What is necessary, if that is the case, will be to solicit cannabis pts and/or cgs who have been harmed and have standing to bring suit.

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As a side note to these local yokels, I have a patient in Houghton that was at work when the police came to her house to arrest her boyfriend on an unrelated charge.  They claimed they smelled marijuana and went through the house.  They found one oz of marijuana in the woman's underware drawer.  They charged HIM with possession and seized the cannabis.  They then went to her place of work and questioned her, and she presented her card (they were bummed).  She tried to get what were clearly HER meds back and they refused, citing a possible distribution charge against them for giving them back.

 

What options does she have to retrieve her one ounce of meds?  Or if they refuse, can she bill them and collect the value of the medication?

 

Dr. Bob 

Edited by Dr. Bob
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