Received A Letter To Cease And Desist

[micheledamron]

I received a letter to cease and desist my medical marijuana grow stating it violates the city ordinance which is....District is permitted to single-family dwelling and neighborhood parks and playgrounds. I do not live on site, no one does. It is our house we have owned for 35 years. It states I can not use this house for the sole purpose of growing marijuana because it violates the city's zoning ordinances. It says I have to immediately cease and desist the use of this property for this purpose or the city will take further enforcement action. Any advice? I should add this is in wayne, michigan

Edited December 1, 2013 by micheledamron

[trichcycler]

contact a qualified attorney immediately. I would empty the premises myself, but with an attorney in the loop.  sounds like they'll be visiting soon with an ordinance raid. Any idea how they know you were growing in a vacant home ?

 

if you buck that system your vacant grow house location and details become public knowledge. Someone already knows about it nearby most likely, and complained. then police investigated maybe, and confirmed maybe. an unoccupied known grow house is an invitation to much more trouble than relocation maybe ?

good luck, I feel your pain here. sorry this happened to you.

peace

Edited December 1, 2013 by grassmatch

[Celliach]

Tough one.  You don't want to get arrested, but they can't really make you stop growing as long as you are following the MMMA to the letter and not selling to anyone besides your five registered patients.  Are you simply a patient or are you a caregiver too?  Do you supply anyone else with your unused medicine, a dispensary for example?

[micheledamron]

Someone had called the police and said there was suspicious activity there about a year ago. I am assuming it was from me going in and out every other day or so. When I met with the police I showed them my patient card along with my caregivers cards for my patients and they were mad and made calls back and forth to their station and wanted to be let in the house which I refused them access. Then I didn't hear from them again. Then a few months ago I had 2 attempted brake ins at the location and I called the police myself and made a report. I haven't had anymore problems there as I installed video surveillance cameras. And now I received this letter yesterday.  

[trichcycler]

if you can afford the hassle, are you considering challenging the city ordinance ?

[micheledamron]

I can't afford the hassle at all, but, what is the alternative? To be bullied by the police for following all the rules of the MMMP?

[Celliach]

So you were only selling to your registered patients?

 

Is there an ordinance preventing commercial operations in residential neighborhoods?  If you don't reside at the address, I can see where they might try to say you were operating a commercial operation instead of using it as a residence.  You might be in trouble with zoning on that one.

[trichcycler]

nope, the bullying comes from the city ordinance, I suggest you immediately comply, this very moment, and cease and desist operations at said address.  keep in mind, those ordinances are in place to keep crime down, twice increased at your home on that block. You are encouraged to apply for  variances to the ordinance, or contest it. But either are supposed to be done before you violate. If you knew nothing of the ordinance.....

 

good luck

I can't afford the hassle at all, but, what is the alternative? To be bullied by the police for following all the rules of the MMMP?

Edited December 1, 2013 by grassmatch

[micheledamron]

(d) “Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped 

with secured locks or other functioning security devices that permit access only by a registered primary caregiver or 

registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if 

they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from 

a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by 

chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, 

attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying 

patient or a person designated through the departmental registration process as the primary caregiver for the registered 

qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other 

security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who 

owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle 

if both of the following conditions are met:

[bobandtorey]

I can't afford the hassle at all, but, what is the alternative? To be bullied by the police for following all the rules of the MMMP?

Sorry that you are being hassled buy Leo but it's good of you to not let them into your home so many people let them into your grow room and then things go south for them soon

 

And now they know you do grow Cannabis there i would move your grow because imho they will be back and we know how Leo has interpreted the Law in there flavor

[bobandtorey]

 

(d) “Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped 

with secured locks or other functioning security devices that permit access only by a registered primary caregiver or 

registered qualifying patient.

 

Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if 

 

they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from 

a permanent structure and are grown within a stationary structure that is enclosed on all sides,

 

except for the base, by 

chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, 

attached, or affixed to the ground; located on land

 

that is owned, leased, or rented by either the registered qualifying 

patient or a person designated through the departmental registration process as the primary caregiver for the registered 

qualifying patient or patients for whom the marihuana plants are grown;

 

and equipped with functioning locks or other 

security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who 

owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle 

if both of the following conditions are met:

I can agree to what it does say 

[Kingdiamond]

Whoa highly surprised this is coming out of Wayne county how did they find your grow?

[bobandtorey]

I received a letter to cease and desist my medical marijuana grow stating it violates the city ordinance which is....District is permitted to single-family dwelling and neighborhood parks and playgrounds. I do not live on site, no one does. It is our house we have owned for 35 years. It states I can not use this house for the sole purpose of growing marijuana because it violates the city's zoning ordinances. It says I have to immediately cease and desist the use of this property for this purpose or the city will take further enforcement action. Any advice? I should add this is in wayne, michigan

 immediately cease and desist i would have welcomed a letter instead of a Court day

[Dlo]

call a good attorney or stop growing in the house. Good luck.

[micheledamron]

i talked to an attorney at cannabis counsel and they are going to take my case. I hope this works out. 

[bobandtorey]

i talked to an attorney at cannabis counsel and they are going to take my case. I hope this works out. 

Great they are great Lawyers there could you tell us how much they will charge you $$ ?

[trichcycler]

he had two break ins reported at the home recently, and showed his grow information to the police. I assume they would have seen it also, if there was a break in reported.

Whoa highly surprised this is coming out of Wayne county how did they find your grow?

[semicaregiver]

The case law related to this case was just argued in the Michigan Supreme Court a month or so ago, the Ter Beck case. I was there and watched the arguments and responses of the MSC judges. While anything can happen, I would bet money on the court issuing an opinion that prevents these sorts of actions by cities and counties. I would not expect to see a final decision from the MSC before January. I would expect that Cannabis Council would simply present a copy of the TerBeck case to the Wayne court and ask for a delay on the order pending the final ruling by the MSC in a month or so.

[t-pain]

yes. ter beek v wyoming is currently in the supreme court.

an attorney can file an injunction of the cease and desist until that case is settled.

but the cops probably told them bad guys you had a grow in the house, now its a matter of time before they break in and steal it.

for those of you who misread wayne, mi as wayne county, well... put your glasses back on! city ordinance, not county.

 

sorry to hear about you being harassed.

thats the current situation in michigan. harassing legit patients and caregivers.

cops dont care, city dont care, prosecutors , judges, no one cares.

[MiMedical]

My two cents, I would pack up and movie it, don't let cops in and inspect it, their not the FDA and Mi does not have anything in place for inspections, as far as I know. If you want to fight it, then you will need about ten thousand bucks to lawyer up, but "if" you were to lose, then it's set in stone that you can not do it, that's just my opinion, it's never worth a costly battle. Although, I do like hearing about your security and glad no one broke in and ruined your patients medicine!

[pic book]

in wayne?  you had to offend folks and cops to get on the radar.  sorry bud but you know you brot this on yourself, by reigniting the flames of a year ago : reporting the attempted break-ins.  it's a hard lesson but once learned, a guy sees he brings most of his problems/troubles/hassles on himself with his own actions.  you failed to make your neighbors your friends...you assumed 35 years gave you an 'in'.  looking out for our neighbors is what gives a gives a guy an in, and is the only reliable way to lay low...folks who like and know will call you when things in the neighborhood go on...your best route has already been advised, and i concur with what they said.  clean it out, relocate, and next time lie lower and become ok with your neighbors... from the standpoint of your growing, there's nothing to be gained for you by fighting--you've been outed and cannot fade away--until you disappear u r a target for thieves and courts.

Edited December 2, 2013 by pic book

[micheledamron]

I am friends with my neighbors and they did call me both times when the attempted break ins were happening. One of my neighbors chased them off. But we are talking about wayne here, so it's not the best area. I could just leave and not fight it, but, I am following the law I believe so why wouldn't I call the police when a crime is happening? I pay taxes there every year. The neighbors have been broke into and stolen from before and they don't grow and we would all like to see these people caught.I feel thieves are going to steal if not from me then someone else. I deserve as does everyone else to be protected from crime no matter if the police like it or not. So if I give up now what kind of message does that send?

[trichcycler]

fight it with every dime you have, and report on the case daily.

[micheledamron]

I am going to try. Better to stand alone then to stand for nothing. Everyone wants change as long as they don't have to do it.

[trichcycler]

you're not alone. best make sure you have every single other manner of your business and personal life in order.

Challenging a city ordinance is best done before the violation. Are you going to wait for them to raid, or go to city hall

with a lawyer seeking a variance in the ordinance?