Livonia Growing Ordinance

[Glx108]

Hello all, so I been trying to figure this out the past couple of days but its hard to find a definitive answer about this. I live in Livonia and I am trying to find out if I can be a caregiver in Livonia and grow for a patient. I knew that a couple of years ago Livonia and some other cities made a city ordinance against medical marijuana and part of it was you cannot grow in those cities. However, while I was looking for information about this I found that in 2012 a appeals court said the city of Wyoming near Grand Rapids cannot ban the growing medical marijuana and it is just like the ordinance that Livonia uses. So does anyone know about these city ordinances and how they work? Below I have a couple of quick links and the first one is the ruling of the appeals court in 2012 against the ordinance and the second is when a Judge in 2011 ruled that Livonia could up hold the city ordinance against medical marijuana.  The 3rd link is from this forum asking the same question but its from 2010. If anyone could help me out with this let me know, thanks.

 

 

http://www.freep.com/article/20120801/NEWS05/120801037/michigan-medical-marijuana-appeals-court-ruling

 

http://michiganmarijuananews.com/uncategorized/judge-dismisses-marijuana-lawsuit/

 

http://michiganmedicalmarijuana.org/topic/25004-livonias-ordinance/

[+Malamute]

Currently the COA decision is the law as interpreted and stands as a precedent setting case.

 

This case is on it's way to the MSC(and beyond?) and will become more definitive as time/case progresses to superior precedent setting courts.

[semicaregiver]

You can grow in Livonia as long as you are not doing it as a business.

 

I have a close friend who grows for themselves and one patient. They recently renovated their garage to include a grow room. They got a construction permit from the city. The only caveat from the city was to not be doing it as a business. If you are growing as a business, you need to use your "house". The city's words, not mine. Apparently the city has an ordinance not against weed growing in your garage, but against operating a business from it. Seems to relate back to the idea that someone might operate a repair shop out of their garage.

 

You might want to get a letter from your patient stating that you are not receiving any compensation from them, just to have on hand.

 

Practical reality I would not discuss it with the city, just have all your paperwork and a letter from your patient on hand.

[Kingdiamond]

Livonia is one of the worst citys in the state for growers the Mayor city council and police force are very anti cannabis tread lightly .

[t-pain]

you should be good to grow in livonia or wyoming.

 

but it is curious that the MSC decided to hear the case. maybe just to reiterate people v koon decision?

[Glx108]

You can grow in Livonia as long as you are not doing it as a business.

 

I have a close friend who grows for themselves and one patient. They recently renovated their garage to include a grow room. They got a construction permit from the city. The only caveat from the city was to not be doing it as a business. If you are growing as a business, you need to use your "house". The city's words, not mine. Apparently the city has an ordinance not against weed growing in your garage, but against operating a business from it. Seems to relate back to the idea that someone might operate a repair shop out of their garage.

 

You might want to get a letter from your patient stating that you are not receiving any compensation from them, just to have on hand.

 

Practical reality I would not discuss it with the city, just have all your paperwork and a letter from your patient on hand.

 

I would just be doing for a family member who cannot afford to pay for it so I would be doing it for free so there would be no business or anything like that.  It would just be a small grow box or something.  Does Livonia know that your friend is growing?  Or are they just doing their own thing following state law and staying low?

 

Livonia is one of the worst citys in the state for growers the Mayor city council and police force are very anti cannabis tread lightly .

 

Yes I know, its really bad.  Livonia doesn't mess around when it comes to growing.

 

you should be good to grow in livonia or wyoming.

 

but it is curious that the MSC decided to hear the case. maybe just to reiterate people v koon decision?

 

Its just hard to know for sure.  I don't really want to think that I would be good to grow and then it turns out that the city still has a ban on it or something.

 

Currently the COA decision is the law as interpreted and stands as a precedent setting case.

 

This case is on it's way to the MSC(and beyond?) and will become more definitive as time/case progresses to superior precedent setting courts.

 

It would be nice if the MSC could deal with cases like this.  Its not just Livonia that uses this ordinance.  I believe it went like Livonia made the ordinance and a few other cities adpoted it like Bloomfield Hills. 

[t-pain]

the MSC already agreed to hear the case.

just waiting for them to hold a hearing or issue an opinion.

i think they did oral arguments already?

 

wow, read the livonia brief. they really got their panties in a bunch. this is your livonia taxes at work...

http://courts.mi.gov/Courts/MichiganSupremeCourt/oral-arguments/2013-2014/Pages/145816.aspx

 

and to see the progress within the supreme court:

http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx?SearchType=1&CaseNumber=145816&CourtType_CaseNumber=1

 

currently it looks like a bunch of briefs from supporting organizations are there.

i guess the prohibitionists are trying to make beek vs wyoming into the fight to declare the MMMA invalid.

since it asks the court if the federal law trumps the MMMA.

 

but isnt this is something the msc decided long long ago?

i seem to remember bill schuette asking the court to rule on it, back when it was an initiative or maybe soon after it was voted in?

[t-pain]

lott vs livonia was the other case challenging the ordinance.

 mrs lott died , and the aclu dropped the case in livonia.

 

lott's husband is in the CoA vs birmingham's  mmj ordinance.

[+Malamute]

Yea.

 

 Ter Beek v Wyoming is the whole ball of wax argument.

 

 Who cares about Carruthers when ya have this case coming up sooner.

 

*shrug*

 

Big Picture. Big Fight.

[semicaregiver]

Yes, the city knows my friend is growing under the MMMP.   The Livonia police had been to his home on an unrelated issue and there was no avoiding them being aware of the grow.  They counted the plants and looked at my friend's paperwork and told him there was no problem.   This was back in the April/May timeframe.  He applied for the construction permit for his garage modification back in July.  The building department knew what he was doing and that infact lead to the discussion about city prohibitions regarding a business use of a garage.

[mibrains]

Yea.

 

 Ter Beek v Wyoming is the whole ball of wax argument.

 

 Who cares about Carruthers when ya have this case coming up sooner.

 

*shrug*

 

Big Picture. Big Fight.

 

could you clarify please?

I haven't read the briefs on this case..

 

are they arguing federal supremacy as a defense? 

 

what are the ramifications other than the obvious? 

 

what can we do?

 

isn't federal supremacy actually about budget?  I mean as far as if you do not implement our rules we wont give you any federal money?  and so the State of Michigan adopted the federal PHC so we could ultimately get our federal dollars back?

could we as a State of voters un-implement the federal health code or are we bound to it by some sort of contract?

 

I mean other than the constitution of course (because it seems no one is paying attention to that doctrine at a federal level these days)