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Dearborn Heights 750.474 Illegal Transport Ordinance


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another city with this ordinance.

 

CITY OF DEARBORN HEIGHTS ORDINANCE NO. H-13-02 AN ORDINANCE OF THE CITY OF DEARBORN HEIGHTS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS, BE AMENDED BY ADDING SECTION 20-257 CONCERNING THE ILLegal Transportation OF MARIHUANA. THE CITY OF DEARBORN HEIGHTS ORDAINS THAT THE CODE OF ORDINANCES OF THE CITY OF DEARBORN HEIGHTS, MICHIGAN, IS HEREBY AMENDED BY ADDING A SECTION, TO BE NUMBERED 20-257, WHICH SHALL READ AS FOLLOWS: SECTION I. Sec. 20-257. IlLegal Transportation of marihuana. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land Travel unless the usable marihuana is 1 or more of the following: Enclosed in a case that is carried in the trunk of the vehicle. Enclosed in a case that is not readily accessible from the interior ofthe vehicle, ifthe vehicle in which the person is Traveling does not have a trunk. (2) A person who violates this section is guilty of a misdemeanor SECTION II. REPEAL All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. SECTION SEVERABILITY Should any section, subsection, clause, or phrase of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof Other than the part so declared to be invalid. SECTION IV. EFFECTIVE DATE This ordinance shall become effective upon publication as provided by law. SECTION V. AUTHENTICATION This is to certify that the undersigned do hereby authenticate the foregoing record of the ordinance herein set forth. DANIEL S. PALETKO, Mayor WALTER J. PRUSIEWICZ, Clerk CERTIFICATION I hereby certify that the foregoing is a true and correct copy of this ordinance adopted by the Council for the City of Dearborn Heights at a regular meeting of the Council held on the 27th day of August, 2013, and became effective by publication in the ofiicial Newspaper of the City of Dearborn Heights on the 18th day of September, 2013. WALTER J. PRUSIEWICZ, Clerk Publish September 18, 2013

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This is a problem. We all understand completely how these laws are unconstitutional by token that they conflict, just as did local ordinances called out in Ter Beek. They understand that. Until this is heard in court or we can move the legislature to recognize that publicly, we will have to expect to abide by these simple provisions or pay. Who is about to appeal a case that can be readily dismissed for a couple of hundred bucks and a misdemeanor charge? As for me, the law is really pretty simple and convenient enough.

Edited by GregS
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