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blackhorse

Moving north

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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.

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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.

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   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!

  

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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

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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.

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