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Ordinance Restricts Medical Marijuana Use In Homes


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JACKSON (AP) - A new ordinance in Jackson will require medical marijuana users and caregivers to use only 20 percent of their homes for drug use and cultivation.

The measure that passed Tuesday night by a 4-3 vote of the Jackson City Council is scheduled to go into effect Sept. 12, the Jackson Citizen Patriot reported.

Kimberly Jaquish was among the council members who voted against the ordinance.

“I don’t think people should be restricted in their homes in any way,” she said. “Your house is your castle. We shouldn’t be involved in your home.”

 

 

 

 

Dozens of medical marijuana advocates at the meeting walked out after the vote. Joe Cain organized a protest ahead of the meeting and spoke to City Council about the ordinance. He said he and others plan to sue to block the regulation.

“I respect the law,” said Cain, who owns Medical Marijuana Farmers Market. “You’ve been told 50 times by attorneys and by everyone that what you’re doing is illegal and conflicts with state law. You don’t respect the law.”

Michigan voters approved marijuana for some chronic medical conditions in 2008, but the state Supreme Court ruled in January that medical marijuana dispensaries aren’t allowed. Michigan has roughly 130,000 registered users of medical marijuana.

Two other possible restrictions were struck from the Jackson ordinance. Those would have required renters to provide a statement from their landlord allowing medical marijuana use and prohibit “combustible materials” in a home where medical marijuana is grown.

 

http://detroit.cbslocal.com/2013/08/14/ordinance-restricts-medical-marijuana-use-in-homes/

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JACKSON (AP) - A new ordinance in Jackson will require medical marijuana users and caregivers to use only 20 percent of their homes for drug use and cultivation.

The measure that passed Tuesday night by a 4-3 vote of the Jackson City Council is scheduled to go into effect Sept. 12, the Jackson Citizen Patriot reported.

Kimberly Jaquish was among the council members who voted against the ordinance.

“I don’t think people should be restricted in their homes in any way,” she said. “Your house is your castle. We shouldn’t be involved in your home.”

 

 

 

 

Dozens of medical marijuana advocates at the meeting walked out after the vote. Joe Cain organized a protest ahead of the meeting and spoke to City Council about the ordinance. He said he and others plan to sue to block the regulation.

“I respect the law,” said Cain, who owns Medical Marijuana Farmers Market. “You’ve been told 50 times by attorneys and by everyone that what you’re doing is illegal and conflicts with state law. You don’t respect the law.”

Michigan voters approved marijuana for some chronic medical conditions in 2008, but the state Supreme Court ruled in January that medical marijuana dispensaries aren’t allowed. Michigan has roughly 130,000 registered users of medical marijuana.

Two other possible restrictions were struck from the Jackson ordinance. Those would have required renters to provide a statement from their landlord allowing medical marijuana use and prohibit “combustible materials” in a home where medical marijuana is grown.

 

http://detroit.cbslocal.com/2013/08/14/ordinance-restricts-medical-marijuana-use-in-homes/

Any competant attorney is going to rip this BS wide open.  Good luck Joe Cain...fux up those retarded city officials trying to block state law.

Edited by motorcitymeds
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What do these idiots think we do use every part of our house as a grow room and we are running around with blunts and bongs all over the place my grow is confined to a small area in my basement and I only smoke in my man cave so in essence I am already in compliance with their rules on  my own .

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Last I checked............ and I check often........... the MMMA of 08 did not say anything about what percentage of their home they could use to grow their plants in............ They must not realize that the limitations have already been put in place and noone needs their input......

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Last I checked............ and I check often........... the MMMA of 08 did not say anything about what percentage of their home they could use to grow their plants in............ They must not realize that the limitations have already been put in place and noone needs their input......

 

 

Yeah. It makes me wonder if ordinances like these will stand up to a legal challenge.

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This ordinance was for the papers not the courts.

 

Problem is the loud mouths can bluster, but the funded attorneys are the ones that will change. it.

 

It is a moot point anyhow.  How are they going to check?  Don't bring yourself to the attention of LEO and they won't be in your house measuring your square footage.

 

Dr. Bob

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What do these idiots think we do use every part of our house as a grow room and we are running around with blunts and bongs all over the place my grow is confined to a small area in my basement and I only smoke in my man cave so in essence I am already in compliance with their rules on  my own .

Houses are so cheap in some parts of Jackson that yes, some folks are buying houses and filling every room with plants instead of getting a commercial spot.

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Houses are so cheap in some parts of Jackson that yes, some folks are buying houses and filling every room with plants instead of getting a commercial spot.

But that should not call for a restriction on those who don't punishing an entire group of people over a select fews greed is wrong.

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Soo. Why did no local people put this out there? I have posted it repeatedly here, in the press, and at other sites. I understand Joe Cain stormed out of a city meeting when his shoutin' and poutin' didn't work.

 

MICHIGAN ZONING ENABLING ACT (EXCERPT)
Act 110 of 2006

125.3402 Notice of intent to file petition.Sec. 402.
(1) Within 7 days after publication of a zoning ordinance under section 401, a registered elector residing in the zoning jurisdiction of a county or township may file with the clerk of the legislative body a notice of intent to file a petition under this section.
(2) If a notice of intent is filed under subsection (1), the petitioner shall have 30 days following the publication of the zoning ordinance to file a petition signed by a number of registered electors residing in the zoning jurisdiction not less than 15% of the total vote cast within the zoning jurisdiction for all candidates for governor at the last preceding general election at which a governor was elected, with the clerk of the legislative body requesting the submission of a zoning ordinance or part of a zoning ordinance to the electors residing in the zoning jurisdiction for their approval.
(3) Upon the filing of a notice of intent under subsection (1), the zoning ordinance or part of the zoning ordinance adopted by the legislative body shall not take effect until 1 of the following occurs:
(a) The expiration of 30 days after publication of the ordinance, if a petition is not filed within that time.
(b) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is inadequate.
© If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is adequate and the ordinance or part of the ordinance is approved by a majority of the registered electors residing in the zoning jurisdiction voting on the petition at the next regular election or at any special election called for that purpose. The legislative body shall provide the manner of submitting the zoning ordinance or part of the zoning ordinance to the electors for their approval or rejection and determining the result of the election.
(4) A petition and an election under this section are subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.


The timeline is short and I do not know how many sigs would be needed, but it is a political solution to try alongside any legal solution. If you call the city clerk and ask how many total votes were cast for the office of governor in the city in 2010, then the number of sigs you would need within 30 days after the ordinance is published is 15% of that vote total. If that seems feasible, it is a shot at a popular vote to repeal the new ordinance if they pass it. Further, if you make a credible threat to file such petition NOW then maybe they will not pass the zoning ordinance in the first place. I doubt that they would want a vote on this.

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This ordinance was for the papers not the courts.

 

Problem is the loud mouths can bluster, but the funded attorneys are the ones that will change. it.

 

It is a moot point anyhow.  How are they going to check?  Don't bring yourself to the attention of LEO and they won't be in your house measuring your square footage.

 

Dr. Bob

And continue to live furtively in fear of the police when we have a law to protect us? We are not criminals, or even municipal deviates, and there is no good reason to behave like frightened children.

Edited by GregS
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This ordinance was for the papers not the courts.

 

Problem is the loud mouths can bluster, but the funded attorneys are the ones that will change. it.

 

It is a moot point anyhow.  How are they going to check?  Don't bring yourself to the attention of LEO and they won't be in your house measuring your square footage.

 

Dr. Bob

Sorry Doc but

 if they smell marijuana coming from the house they will get a warrant 

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And continue to live furtively in fear of the police when we have a law to protect us? We are not criminals, or even municipal deviates, and there is no good reason to behave like frightened children.

When we have a law to protect us? Do we ? have i been living under a rock? when have we or you heard of a jury trial? until that happens i don't feel as you do 

sorry

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When we have a law to protect us? Do we ? have i been living under a rock? when have we or you heard of a jury trial? until that happens i don't feel as you do 

sorry

I guess we disagree. We have stood by silently for too darn long while the government erodes the law. We either take ownership or suffer the consequences.

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