blackhorse Posted July 2, 2018 Report Share Posted July 2, 2018 Also posted this on the members only section. We are looking at a home in Plainfield Twp. in Iosco County. I did some research on the township and noticed they had passed a moratorium a few years back concerning marijuana. I called the township supervisor and he tells me that the township opted out of the whole marijuana program, including patients and caregivers growing. I tried to explain that opting out was only for the MMFLA program, not the caregivers or patients. He insisted that it included patients and caregivers. From what I understand the state law supersedes the township ordinance. So do I end up in a legal battle with this township or move on to another area? All help with this would be appreciated. Quote Link to comment Share on other sites More sharing options...
Michael Komorn Posted July 2, 2018 Report Share Posted July 2, 2018 All of the ordinances against patients and caregivers are nullified by the state MMMA law, and as upheld by the Michigan Supreme Court in Ter Beek v Wyoming. http://komornlaw.com/wp-content/uploads/2018/05/Ter-Beek-v-Wyoming-S145816.pdf and http://komornlaw.com/wp-content/uploads/2018/05/York-v-Miller-335344.pdf Some cities are still harassing patients and caregivers of course. Even cities that have dispensaries and should know better (Ypsilanti area). So... Do you poke the city's eye with this issue? Get a declaratory judgement like Mr TerBeek did ? Waste time in court etc? It is up to you. Also double check that it is the township that your new home is located in, some of these ordinances are for the city and not the township and vice versa. You could call the prosecutors office there and ask if they are enforcing that ordinance in light of Terbeek v Wyoming. They may not be enforcing the issue and just leaving it on the books in order for the township supervisors to feel better. Wild Bill, mishigami bear, Easy E and 1 other 3 1 Quote Link to comment Share on other sites More sharing options...
blackhorse Posted July 2, 2018 Author Report Share Posted July 2, 2018 Thank you for the prompt reply. Wife is really set on this home so we may pursue. Quote Link to comment Share on other sites More sharing options...
blackhorse Posted July 2, 2018 Author Report Share Posted July 2, 2018 I turned in FOIA for the Opt-out resolution. Got a call back from supervisor and he must have talked to someone cause he changed his tune completely. He finally stated they had no control over patients and caregivers growing. This I already knew and nice to hear him reverse his words. He ask why I had called him and I reminded him that an ordinance they have stated limiting patients and caregivers growing. If I had not contacted MMMA, I probably would have just started looking in another township for the home. The supervisor originally said the opt out was for all marijuana operations, which included patients and caregivers. Glad to get this straightened up. Now we can schedule a view of the home. The home has a garage with an upstairs which would be great for a grow. Room for some mother plants too. Thank you again Michael! Easy E and Wild Bill 1 1 Quote Link to comment Share on other sites More sharing options...
Easy E Posted July 4, 2018 Report Share Posted July 4, 2018 Awesome that he changed his tune back to reality! Wild Bill and blackhorse 2 Quote Link to comment Share on other sites More sharing options...
Mav Posted July 6, 2018 Report Share Posted July 6, 2018 Theres always a lot of confusion about the original ballot initiative. I go to many townships and end up having to explain the difference between the 2008 initiative, the 2016 laws and now the new ballot initiative. It is very clear that local ordinance cannot circumvent state law. The supervisor probably talked to the twp attorney for clarification. Mav blackhorse 1 Quote Link to comment Share on other sites More sharing options...
blackhorse Posted September 21, 2018 Author Report Share Posted September 21, 2018 Finally back online, been off for a month or so. We got moved into the new home and trying to organize things. This is going to take some time. Grow is going to be a slow start as we got too many outside projects to complete before winter sets in. Visited a couple provisioning centers in area and was impressed. Very nice setups. Nice to be up north and enjoy the peace and quiet. On a main road, but 700 feet back from road in the woods. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.