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Sterling Heights Starts Crack Down On Medical-Marijuana Growers

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Sterling Heights officials say they are starting “an aggressive crackdown” on what they claim are illegal medical-marijuana grow operations that are a nuisance to their neighbors.

 

 

The city recently filed a lawsuit in Macomb County Circuit Court against a city resident whom they say creates a nuisance with his grow operation and Thursday will announce “an aggressive crackdown on nuisance marijuana grow operations in Sterling Heights,” according to a new release issued Friday.

 

 

“The city has received a dramatic increase in complaints from property owners living adjacent to or in close proximity to residences cultivating large volumes of medical marijuana,” the city says in the release.

 

 

The City Council in July authorized the city attorney to file lawsuits “to abate these nuisances” and a few weeks ago filed its first lawsuit, the city says.

 

In addition to legal action, “plans for aggressive and zero-tolerance crackdown on nuisance grow operations” in the city will be revealed at the Thursday press conference, the release says.

 

 

City Attorney Marc Kaszubski there is an influx of growers in the city, some of whom have purchased or rented home for the apparent sole purpose of growing marijuana. Some of the growers are failing to control the effects of their operation on neighbors.

 

 

“Although the (medical marijuana) law allows them to do it, they have to do it in such as way to preserve their neighbors’ ability to enjoy their property,” he said.

 

 

Sterling Heights police have shut down grow operations that have exceeded the state-mandated grow limits, Kaszubski said.

 

 

Kaszubski said he plans to file several other legal actions against growers.

 

 

In the first lawsuit filed Oct. 13 in circuit court, resident Nasser Michael Hanna is accused of failing to register as a medical-grown operation, as required by ordinance, and the city seeks an abatement of the nuisance.

 

 

Neighbors of Hanna in the 3500 block of Leason Road complained seven times from April through September about “the odor of strong marijuana traveling across property lines and grow lights shining from the property at all hours of the night,” the lawsuit says.

 

 

Neighbors said that on June 21 and 22 they lost power due to Hanna’s “excessive use of electricity from four air conditioners, fans and grow lights being run on the property at all times of the day and night,” the lawsuit says.

 

 

Hanna, whose residence is near Ryan Road and Metropolitan Parkway, has been cited 11 times for failing to register his alleged grow operation.

 

 

The lawsuit says Hanna is a state-registered medical-marijuana caregiver that allows him to provide marijuana to five with a medical marijuana user card. He can grow up 72 plants if he provides for himself and five users.

 

 

Medical marijuana issues have arisen in some Macomb County communities since the state referendum to approve it was passed in 2008. The city of Warren recently tweaked its medical marijuana ordinance.

 

 

The Michigan House of Representatives recently approved legislation to expand and further regulate the state’s medical marijuana program, concurring with the Senate on a three-bill package that has been sent to the governor for his signature. The legislation covers substances besides smoked marijuana, lays out licensing procedures for provisioning centers, and makes other changes.

 

 

In the Sterling Heights lawsuit, the city asked Judge James Biernat Jr. to schedule a show-cause hearing for Hanna to show why the judge should not declare the property a nuisance and in violation of the ordinance, and require him to correct the nuisances.

 

http://www.macombdaily.com/article/MD/20161031/NEWS/161039958

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and if i was that caregiver, i'd sue the lawyers for naming me in the suit, all of the city employees who broke confidential records, plus the city clerk for releasing such confidential information...

 

and the newspaper for reporting my name.

 

(4) A person, including an employee, contractor, or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1,000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

 

then file a complaint with the bar against those lawyers who are breaking the confidentiality.

Edited by bax

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sterling heights = macomb county.

 

troy = oakland county.

 

I thought there was a difference, I see there is no difference, actualy macomb may be the new oakland anti mm county in MI.

 

I dont see why any one would have lites be noticable all hrs of the day, I understand the a.c, by why cant the c.g use charcoal scrubbers?

 

Im not going to beleive all that I read in that article, but if I was in the business of renting homes to have grows, I would make sure my neighbors didnt have a reason to call leo!

 

Thats just me, but man why do people hate the smell of mm flowering,,,,when I was growing any one that walked in my house always said it smells realy good in here lol!

 

I wasnt living in the suburbs though and didnt have to worry about neighbors smelling my grow, in fact im pretty sure if any of my neighbors smelled it they liked it lol!

 

wow I wonder when they are going to make people cut down their lilac bushes, them baby's realy smell alot, in a good way like marijuana, I am so glad I dont live in that rat race any longer, one nosey neighbor and your in court getting spanked!

 

Our peoples iniative realy is a strong law eh?

 

some people just suck!

 

Peace

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It's guys like this that ruin it for other caregivers/patients.Why do you need 4 ac units unless you have a massive grow op?Go get an industrial building if you want to go that route.

 

Why didn't he do a better job concealing the units/lights,and most definitely the odor?If you can afford all that cooling you most def can afford filters...

 

The city can't deny your growing rights ,but can most def regulate growing methods and what not,so why bring heat to yourself and the rest??

 

Greed...

Edited by Bird79

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Or it could be just bad neighbors and a city council agenda against growing....

Ya but if the grower knows he has bad neighbors shouldn't he go to all lengths to cover his grow op even if it's legal?Why the hassle?

 

BTW Sterling Heights passed a grow ordinance limiting grow space to i believe no more than 200sq ft back in 2014.

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This part right here (below) is enough to make anyone realize the whole mess is created by the city. We all know it's hogwash to have to tell the city you grow.

 

In the first lawsuit filed Oct. 13 in circuit court, resident Nasser Michael Hanna is accused of failing to register as a medical-grown operation, as required by ordinance, and the city seeks an abatement of the nuisance.

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Ya but if the grower knows he has bad neighbors shouldn't he go to all lengths to cover his grow op even if it's legal?Why the hassle?

 

BTW Sterling Heights passed a grow ordinance limiting grow space to i believe no more than 200sq ft back in 2014.

Ever had bad neighbors? They exaggerate and totally make stuff up. This piece is a press release from the folks that think everyone has to register their grow with them. They are not very credible after that. Seems like it's just a bully tactic to make people do stuff they shouldn't have to do. legally don't have to do.

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We all have the right to an anonymous grow. That means only registering with the State and them keeping it anonymous. Once you have to register with the city you have lost your rights. 

 

The first case is against a grower for not registering. That's a loser. So the whole deal is a loser and the grower is in the right. That's how I see it. 

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We all have the right to an anonymous grow. That means only registering with the State and them keeping it anonymous. Once you have to register with the city you have lost your rights.

 

The first case is against a grower for not registering. That's a loser. So the whole deal is a loser and the grower is in the right. That's how I see it.

I agree with that. But how can he have all the ac and light fans ect. But he has lights showing all hours? And pumping smell into the open air? If he went threw the trouble of FOUR air conditioners he for sure has scrubbers. This was probably a case of he was selling pot to his neighbors and they got mad because he was not giving them Good deals.

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I agree with that. But how can he have all the ac and light fans ect. But he has lights showing all hours? And pumping smell into the open air? If he went threw the trouble of FOUR air conditioners he for sure has scrubbers. This was probably a case of he was selling pot to his neighbors and they got mad because he was not giving them Good deals.

Why do you want to believe anything from this city council press release? I don't believe any of it after what they are trying to pull. Talk about ruining their credibility. Making people 'register' with them if they grow marijuana legally. They sound like the gestapo. I'm not buying their story.

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Why do you want to believe anything from this city council press release? I don't believe any of it after what they are trying to pull. Talk about ruining their credibility. Making people 'register' with them if they grow marijuana legally. They sound like the gestapo. I'm not buying their story.

Angry neighbors could call the cops. I didn't say I believed anything I said it's a possibility which correct me if I'm wrong but anything is possible.

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Ha! What a load of happy horse schit. My neighbor has a honeysuckle bush that literally makes me sick when I smell it. Will the government go to bat for me to make my neighbor remove the honeysuckle bush? I don't think so!

Another neighbor has security lights that shine in my Windows at night. Do I go to the township and complain? No! I pull down my shades.

We have farming operations out here that smell ungodly. A state law protects farmers from whining neighbors. Get over it you effing weenies in Macomb county.

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all kinds of lights on buildings all night.

 

plus solar lights in neighbors yards.

 

you dont like light pollution? making whoopee move out of the city!

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i agree, once you start regulating smells... then you're in trouble.

 

bbq smell?

smoking meats?

fertilyzer on yards (manure)

backyard chickens

all the plants and flowering bushes and trees in the world...

dogs / animals

 

never ending.

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i agree, once you start regulating smells... then you're in trouble.

 

bbq smell?

smoking meats?

fertilyzer on yards (manure)

backyard chickens

all the plants and flowering bushes and trees in the world...

dogs / animals

 

never ending.

odor regulation is nothing new

English Common Law =English Common Law One has the right to swing their arm up to the point that a closed fist approaches another person’s nose. At that point, the other person’s right not to be assaulted prevails

 

more lawyer fodder,  a whole new city farm stink to defend. 

http://nationalhogfarmer.com/mag/farming_states_regulate_odors

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Nope, never would do it. I lived in lincoln park awhile pack, and they wanted people to register. The city attorney was my family lawyer before he was the city attorney for many years, he flat out said dont register but couldnt tell me why. A few months later, they wanted all registered caregivers to move to a specific part of the city, zoned for industrial.

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thats some kinda chuck wagon reporting their fox!   those are not medical marijuana grower crackdowns, they are illegal marijuana growing operations. take their plants away, warn them about illegal growing without proper controls, sternly express how stupid they were to think they could hide this from their neighbors, then let them go.

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