Received A Letter To Cease And Desist

[+Malamute]

This one is actually interesting in that it is not being used as a residence.

 

Most ordinances should not apply,.... but if they can show you are "a caregiver business" only in the house, there may be some ordinances that may apply. 

 

 Interesting.

 

Ter Beek will likely shed some light on this.

[imiubu]

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.

 

I don't believe anyone wants to get caught up in the debacle our court system has become.

This must be frustrating and scary for you and your family.

If no one stands against them, even if standing alone, then they will continue to take from us.

 

All the best to you.

Please keep us all updated when you can.

[bobandtorey]

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.

I would like to thank you for standing up for us all 

[Celliach]

This one is actually interesting in that it is not being used as a residence.

 

Most ordinances should not apply,.... but if they can show you are "a caregiver business" only in the house, there may be some ordinances that may apply. 

 

 Interesting.

 

Ter Beek will likely shed some light on this.

 

Yeah, I think your problem is that since you didn't reside at the house it's being used as a commercial property, and you can't do that in areas zoned residential.  It has to do with the fact that you're running a business operation in an area that the city says you can't do that in, not what the business is.  Your best bet, if you want to keep growing there, is to move into the property.

 

It's my opinion that the Ter Beek case will not help in this instance.

[phaquetoo]

I know it is easy for me to say, but I would cease and disist like now, to many c.c that had f.m's on the week end got the warning letter, and when they didnt take it they got arrested and their life was all of a sudden on hold,

 

Now if you dont do it your way, they are going to come in and pull everything out any how, and you may not like the way they pull your equpment down, they will take your plants and most likely every thing to do with growing indoors, if that is not enough for you to loose, well you will be in court for a while, that will make it even worse, I would imagine since you are not living in the house with the grow room they may even take that house!

 

I hate what they are doing to you, but all I can say after seeing all the others and what they have lost, I would take the warning and get my stuff down and boxed up and gone as quick as possible! or I would leave it all going, know im gonna lose it all, im gonna prob get a high bail, you actualy may not get arrested but you will have to post bond.

 

I honestly wish you the Best!  You have to do what is Right for You.

 

Peace

[Restorium2]

The last two posts nailed it. You really should have changed things up when you had the B & E. It's call being 'HOT'. You were sizzling hot and should have done something then. You are very lucky to still have the chance to change things up. "Fools rush in where angels fear to tread".... Live and learn or die ignorant.

Edited December 2, 2013 by Restorium2

[GregS]

Per the MIchigan Medical Marijuana Act: "

 

+Sec. 7(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act."

 

 

We maintain that these ordinances are illegal because they clearly and unequivocally are in violation of the Michigan Medical Marijuana Act which says those ordinances that prohibit or limit the medical use of mj are therefore void and unenforceable. The Court of Appeals has ruled just that. The court where this is heard will likely want to wait for the Supreme Court decision in Ter Beek, which should be out any time within the few weeks to the next several months.

 

Legal Briefs

Ter Beek v. City of Wyoming

By Robert Mikos

August 20, 2013

In 2008, Michigan voters approved a ballot initiative that would allow certain qualifying patients to use marijuana for medical reasons (Michigan Medical Marihuana Act (MMMA)). In response to the enactment of MMMA, the City of Wyoming (defendant) enacted a local ban on medical marijuana within its city limits. John Ter Beek (plaintiff) is a qualifying patient under the MMMA and he would like to grow and use medical marijuana in his own home, which is located in the City of Wyoming. Ter Beek argues that the city ordinance is invalid because it is preempted by state law (MMMA). In response, the city claims that the MMMA is itself preempted by a federal law, the Controlled Substances Act, which bans the possession of marijuana outright. This amicus brief, jointly filed by Cato, the Drug Policy Alliance, and Law Enforcement Against Prohibition, urges the Supreme Court of Michigan to reject the City of Wyoming’s claim of federal preemption. Because the MMMA does not assist, require, or even pressure anyone to violate the federal law, it does not pose a preemptable conflict with federal law. Contrary to conventional wisdom, Congress cannot preempt state laws that merely permit private conduct that the federal government deems objectionable. The anti-commandeering doctrine prohibits the Congress from using the states as instruments of federal governance.

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[trichcycler]

GregS,

 

The business zoning issues most likely existed before mm. should that business zoning ordinance be granted variant just for non resident marijuana grow houses, or should other cottage industry  businesses be allowed to disregard the zoning issue also?

[Celliach]

GregS,

 

The business zoning issues most likely existed before mm. should that business zoning ordinance be granted variant just for non resident marijuana grow houses, or should other cottage industry  businesses be allowed to disregard the zoning issue also?

 

Spot on!  This isn't about MMJ, it's about running a business, any business, in an area zoned as residential.  

[GregS]

Spot on!  This isn't about MMJ, it's about running a business, any business, in an area zoned as residential.  

Which is precisely what we told the City of Saginaw in my back yard. They agreed and put their local meddling in the circular file. Why activists did not stand up to protect their rights in other locations is a mystery, unless one considers the limits to being smart about it.

Edited December 2, 2013 by GregS

[Celliach]

Which is precisely what we told the City of Saginaw in my back yard. They agreed and put their local meddling in the circular file. Why activists did not stand up to protect their rights in other locations is a mystery, unless one considers the limits to being smart about it.

 

But that was your backyard.  You were living there so it was still considered a residence.  Nobody is living at the location this thread is about so it's not a residence.  It's being used solely for commercial purposes.

[+Malamute]

The real question is...., is being a caregiver a business?

 

From there, the rest of the discussion starts.

[trichcycler]

would he be allowed to visit the home occasionally to sand his surfboard collection, or tend the backyard garden? of course. there's always more, stay tuned.

[micheledamron]

I don't believe growing medical marijuana for my patients is a business.

[micheledamron]

And if it's a business it would still be a business if I lived there.

[bobandtorey]

I agree but you may have to prove that  in a Court room and that will take $$$

[micheledamron]

I seen the lawyer today. He is responding to their letter and waiting on the ruling from the Ter Beek v Wyoming case. He also said he expects to hear back from them and we will go from there.

[phaquetoo]

I don't believe growing medical marijuana for my patients is a business.

If you charge your pt's for their meds, it is a business, might not be a biz you get rich off of, than again it may be!  Either way the house is being used as a garden and no one lives there, so id have to call it a biz, even if they just had a lil vegatable table by the road for sale it is a biz, you are only allowed 3 garage sales a summer in most places any more than that they consider that a biz. and will write you a ticket for it, I wouldnt want the ticket they give for our kind of gardens!

 

Peace

[MiMedical]

Just my opinion here, Lets just say you cut hair from that place, for example, it's up to the township, city, and county. It's there ordinances that you will have to argue, the mere fact that its Medical Cannibis is a target.. There is not a "Scale of Probabilty of increasing crime" yet.. They (Leo,CPS) stole a baby from a loving home that was a "imminent danger" to the child, so that's what the "Judge" said in that case, so if I were to assume if they want to argue; it increases burglarys in that home or surrounding homes, lives are at risk, potential fire hazard, etc and so forth, it's all an argument. What you need to do, is either pack up and fight them, w/ a lawyer, or obey and save a few bucks.. Again this is just my opinions.. But I know the most common city ordinances are, (in a residential are) no more than 20% of your home can me used to grow Marijuana, and the other one is.. No commercial business.. It's stupid, yes we all agree on that but it is what it is. Not many people that babysit children at there he's get a business license, or folks that cut hair out for their homes.. As far as I know, if you cut 3 people's hair in a consecutive 6 months time, is that a business? Even if its ONE person, does the amount of times make it a business? Who knows... But if they want to be dlcks, they will, and I hope the best for you.

See where it says [clarification needed]? That's where people like us [insert name here]

My 2cents

 

A business, also known as an enterprise or a firm, is an organization involved in the trade of goods, services, or both to consumers.[1] Businesses are prevalent in capitalist economies, where most of them are privately owned and provide goods and services to customers for profit. Businesses may also be not-for-profit or state-owned. A business owned by multiple individuals may be referred to as a company, although that term also has a more precise meaning[clarification needed].

 

The etymology of "business" stems from the state of being busy, and implies commercially viable and profitable work. The term "business" has at least three usages, depending on the scope in which it is used. A business can mean a particular organization, while a more generalized usage refers to a particular market sector, i.e. "the music business". Compound forms such as agribusiness represent subsets of the word's the broadest meaning, which encompasses all activity by all suppliers of goods and services.

[+Malamute]

I charged my neighbor ten bucks to make them a pie to cover my costs.  It does not make me a business.  ;-)

 

I am just saying it is an interesting concept that I have thought about for along time.

 

 If a caregiver can be considered a business, in my personal opinion, it may open them up to some sort of reasonable home business ordinances.  Something that has concerned me for sure.  Ter Beek will obviously answer some questions.

 

But is a caregiver a business?  Most caregivers are merely taking care of themselves as patients, their family or close friends.  Vast majority.  Is that a business? Not in my opinion.

 

Other end of the spectrum, a caregiver who bought a residential house which he/she uses 50% of the square footage for growing for medical use, sells to 5 patients, and sells a lb a ,month to a "dispensary".

 

Is that a business?

 

 

 And at what point, if there is one between those concepts at all, does a business begin to exist? And at what point can reasonable regulations(nuisance, signage, percentage of home used for business) be implemented and adhered to?

[imiubu]

I thought that remuneration was not concidered a 'sale' per the MMMA ?

[t-pain]

have to re-read mcqueen opinion.

 

'sales' are ok under the mmma as long as transfer between registered cg>pt.

 

people v koon holds, no ordinances can touch the MMMA.

[MiMedical]

Very interesting scenarios, lol

Perhaps an E-Bayer who works at home, buying and selling all day all night... We all know someone who does that. Why must these neighbors continue to pick on the sick or those who only want to help the sick, why don't they bully the Ebayer.. $_$

[GregS]

But that was your backyard.  You were living there so it was still considered a residence.  Nobody is living at the location this thread is about so it's not a residence.  It's being used solely for commercial purposes.

Erm. I am not a Saginaw resident and was not at that time but was working with people in the City, with neighboring cities, and with the surrounding outlying areas. Dozens of people worked together, me as a local CC officer.

 

Regardless, do we or do we not agree that the ordinance is in conflict with the law?

Edited December 3, 2013 by GregS

[GregS]

I thought that remuneration was not concidered a 'sale' per the MMMA ?

The Supreme Court ruled in McQueen that remunearation, aka, sales, are permitted as a part of any transfer.