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Sanilac Countys Outrageous Tactics


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I am writing this because I hope people will see how these local agencies continue to treat us like criminals. Legalization is on the way and hemp will be a major agricultural product in my community. People are not educated here and its time to change that.

 

In Sanilac County, the Sheriff’s office and Sanilac County Drug Task Force claim that methamphetamines, heroin and prescription pill abuse are our county’s biggest drug problems. They have made multiple claims that their main focus is not marijuana because it’s practically legal in our state. Why is it then our local law enforcement agencies, are the only ones in Michigan, that travel around to medical marijuana patients homes to perform consent searches on their legal grow operations?

 

When the federal government is not even enforcing marijuana laws, I believe, it is time for us to focus our resources where their actually needed in our community. Instead of wasting taxpayer’s money on people who are following state law we should be putting this money elsewhere. We could step up police force in smaller towns, fund more prescription pill take back days, rehabilitation centers for those who are addicts, more public education on those dangerous drugs. The money could also be put into public assistance programs to help those in need; Eva’s place, food pantries, domestic and sexual assault victims. The DARE program could use the money to continue to hold more seminars in our local middle and high schools.

 

Theses local agencies are holding upcoming town hall meetings to discuss drug and crime trends in our communities. Medical marijuana patients, caregivers, people for legalization or against I am asking that you attend the upcoming meetings, to tell these officials on how you feel on them wasting taxpayers’ dollars on individuals following state law. The first one is June 18 at 7:00 pm at the Deckerville Community Center.

 

http://sanilaccountynews.viewnewspapers.net/news/2014-02-05/News/Marlette_Council_hears_county_drug_crime_reports.html

 

http://sanilaccountynews.mihomepaper.com/news/2015-02-25/Front_Page/Report_Pills_meth_labs_top_concerns.html

 

http://www.tribunerecorderleader.com/local-news/sandusky/sanilac-county-drug-task-force-year-end-report/

 

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the DARE program is actually proven to not help kids at all, nor keep them off drugs. so you may want to re-evaluate which anti-drug program you want taught to children.

 

this is not something i made up, at least two different studies, one 10 year and one 4 year long study on the effectiveness.

 

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1448384/

http://content.time.com/time/nation/article/0,8599,99564,00.html

 

"Surprisingly," the article states, "DARE status in the sixth grade was negatively related to self-esteem at age 20, indicating that individuals who were exposed to DARE in the sixth grade had lower levels of self-esteem 10 years later." Another study, performed at the University of Illinois, suggests some high school seniors who?d been in DARE classes were more likely to use drugs than their non-DARE peers.

 

i just found my DARE certificate of completion too.

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I live in Sanilac County. About two weeks ago two plain clothed Detectives from the Sanilac County Drug Task Force pulled into my driveway in unmarked vehicles and came to my door asking for me by name and claiming they had an "anonymous tip" that I was growing marijuana and they were concerned that I might be over my limit.

Knowing I wasn't anywhere near over my limit and that I was in total compliance of the law I explained to them that they had bad information, I had no idea what they were talking about, and I asked the officer if he had reason to believe I had committed a crime.

The officer's response was "No, we don't have any reason to think you have committed a crime. We just want to verify that you are in compliance and don't have more plants growing than you are legally allowed to have. We do this as courtesy in case someone is growing legally. All you have to do is show us your cards and your plants and then we will be out of your hair."

I responded that I didn't feel it was very courteous to be accused of possibly breaking the law when there was no reason to believe I have committed a crime and have strangers with guns come to my home to try and coerce me into give up my 4th amendment protections against unreasonable search and seizure based on an unsubstantiated "tip". I expressed that we lived in America and citizens shouldn't be treated like they are guilty until proven innocent or be required to show their "papers" if there is no proof they committed a crime. 

As soon as I made it clear I wasn't going to give into their bullying tactics and be intimidated into giving up my rights the 2nd officer got even more intimidating. He said "Look, we are doing this so legal caregivers don't get raided. You got kids here." 

At which point I told them that if they don't have a warrant, probable cause to believe that I have committed a crime, and if they aren't responding to an emergency that their presence on my property without my verbal or written consent was in violation of Michigan State Law and I was concerned about the fact that they are illegally trespassing on my property. 

This obviously and visibly irritated the detectives... One of them told me "Ok, if that's how you want to play things we'll be back!" and they stormed off into their vehicles and sped out of my driveway. 

Me, my wife, and my kids (who heard everything the officers said and who knew nothing about marijuana or that I was growing before the visit) now live in fear of armed stormtroopers raiding our property and potentially hurting or killing one of my family members or our pets and seizing all of our property in spite of the fact that I have never been over my limit and never sold anything to anyone that wasn't one of our registered patients. 

I am also afraid that if I start showing up at local town hall meetings and speaking out to the community me and my family will be targets of further intimidation and potentially raided and have property seized before we are even convicted of a crime. 
 

I found it most concerning that Sanilac County DTF had entered my property illegally. They came without a warrant, without probable cause to believe a crime had been committed, and where not responding to an emergency so simply stepping foot on my property was illegally trespassing. The only people that have any idea I am growing a VERY close family members (Mother, Grandparents, and my Uncle) and the couple of patients we have... none of which have any reason to call and make an "anonymous tip" about me growing so I am very skeptical of DTF's claims. I don't sell to anyone who is not my patient, ever. We live in a rural area, our only neighbors for almost a mile are fields and woods and we have thick trees around our entire property that completely block visibility from the road. We leave nothing growing related in plain view.All growing is done in a completely sealed building (separate from our house) and we use carbon filters to keep smell non-existent. We burn all plant material and growing related items and don't have trash pickup.  I have a 3'x3' "No Trespassing" sign clearly posted and visible from the road. There very presence on my property was in violation of MCL § 750.552. Pay special attention to the wording of the parts that I put in bold & underline and note the fact that they never requested my permission to be on my property. 

 

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.552 Trespass upon lands or premises of another; exception; violation; penalty; "process server" defined.

Sec. 552.

(1) Except as otherwise provided in subsection (2), a person shall not do any of the following:

(a) Enter the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant.

(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.

© Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.

(2) Subsection (1) does not apply to a process server who is on the land or premises of another while in the process of attempting, by the most direct route, to serve process upon any of the following:

(a) An owner or occupant of the land or premises.

(b) An agent of the owner or occupant of the land or premises.

© A lessee of the land or premises.

(3) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.

(4) As used in this section, "process server" means a person authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947, or supreme court rule to serve process.

 

History: Add. 1951, Act 102, Imd. Eff. May 31, 1951 ;-- Am. 2007, Act 167, Eff. Mar. 20, 2008 ;-- Am. 2013, Act 230, Imd. Eff. Dec. 26, 2013

Source: http://www.legislature.mi.gov/(S(mxogxlbuv2buumdux0h5zxvt))/mileg.aspx?page=GetObject&objectname=mcl-750-552

Edited by MI Compassion
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Start recording everything MI. Cameras, cameras, cameras.

I have cameras setup (that record to a DVR + stream live recordings to youtube) and I have an app on my phone that records + streams to the internet and plan on having it running if they come back from any reason. 

 

I'm assuming they can't get a search warrant as I've never sold to anyone that didn't sign us up as their caregiver, and the only patients that have us as their caregiver are people we personally knew so I know I've never sold to any undercover officers. My grow is in a separate building from my house, is very securely locked and enclosed, and I use a 100% sealed setup and carbon filtration to ensure no smell escapes the building so they can't use smell as an excuse to get a warrant. I run a tight ship to the point where my children and close family members had no idea that I was growing. I have a small setup (under 3000 watts total) and two houses on my electric bill so electric usage and FLIR are a non-issue. Between me and my wife we are legal for over 100 plants but never have more than 10-20 plants growing at one time. I also have much less dried and usable meds on hand than I am legally permitted. 

 

I also assume that if they had evidence that I broke any laws they would have got a search warrant and brought it with them by now instead of giving me weeks to get rid of everything and destroy evidence. 

Edited by MI Compassion
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I live in Sanilac County. About two weeks ago two plain clothed Detectives from the Sanilac County Drug Task Force pulled into my driveway in unmarked vehicles and came to my door asking for me by name and claiming they had an "anonymous tip" that I was growing marijuana and they were concerned that I might be over my limit.

 

Knowing I wasn't anywhere near over my limit and that I was in total compliance of the law I explained to them that they had bad information, I had no idea what they were talking about, and I asked the officer if he had reason to believe I had committed a crime.

 

The officer's response was "No, we don't have any reason to think you have committed a crime. We just want to verify that you are in compliance and don't have more plants growing than you are legally allowed to have. We do this as courtesy in case someone is growing legally. All you have to do is show us your cards and your plants and then we will be out of your hair."

 

I responded that I didn't feel it was very courteous to be accused of possibly breaking the law when there was no reason to believe I have committed a crime and have strangers with guns come to my home to try and coerce me into give up my 4th amendment protections against unreasonable search and seizure based on an unsubstantiated "tip". I expressed that we lived in America and citizens shouldn't be treated like they are guilty until proven innocent or be required to show their "papers" if there is no proof they committed a crime. 

 

As soon as I made it clear I wasn't going to give into their bullying tactics and be intimidated into giving up my rights the 2nd officer got even more intimidating. He said "Look, we are doing this so legal caregivers don't get raided. You got kids here." 

 

At which point I told them that if they don't have a warrant, probable cause to believe that I have committed a crime, and if they aren't responding to an emergency that their presence on my property without my verbal or written consent was in violation of Michigan State Law and I was concerned about the fact that they are illegally trespassing on my property. 

 

This obviously and visibly irritated the detectives... One of them told me "Ok, if that's how you want to play things we'll be back!" and they stormed off into their vehicles and sped out of my driveway. 

 

Me, my wife, and my kids (who heard everything the officers said and who knew nothing about marijuana or that I was growing before the visit) now live in fear of armed stormtroopers raiding our property and potentially hurting or killing one of my family members or our pets and seizing all of our property in spite of the fact that I have never been over my limit and never sold anything to anyone that wasn't one of our registered patients. 

 

I am also afraid that if I start showing up at local town hall meetings and speaking out to the community me and my family will be targets of further intimidation and potentially raided and have property seized before we are even convicted of a crime.

yikes!! so scary, you did the right thing for sure! thank you!

 

 

 

Theres a guy down the road growing massive plants in his back yard(Sanilac county also) in a dog kennel since 2009. No walls, and a top was added after a friendly police visit. They are clear and visible from every neighbor around him and the road in front. Year after year I see the sheriff there talking to him an his plants, with smiles and friendly gestures.

A police officer told me to install a gate to avoid these types of "courtesy visits". After receiving two of those myself, during an investigation of previous owners, I put a locking gate up and never had another visit thankfully.

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how do you know they were real police officers ?

I also had that same thought and question in the back of my head though I didn't vocalize it. They had badges hanging from their neck but I didn't closely inspect them as I was talking to them through the (closed and locked) screen door on my enclosed porch. They identified themselves as being Detectives from the Sanilac County Drug Task force. None of the responses I gave would indicate whether or not I was growing, only that I didn't know what they where talking about and that I have never been involved in any illegal activity. 

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Thank you Mi Compassion. You handle that correctly. Their is nothing they can do and they pressure their way into these peoples homes. I spoke with Sheriff Binecki and he told me that are agency's the only ones that go around and check in on every persons grow. How do they obtain this information? Legally or illegally? and why are we wasting money on people who are not criminals? The sheriff told me the last meeting that a lady was their and they made her leave.

 

Please attend this upcoming meeting in Deckerville, I am going to make a very strong point. I am looking for all the support i can get. Please spread the word to people I believe non medical patients will want to know why were wasting their money. Its out of control in this county and its time to take action.

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I live in Sanilac County. About two weeks ago two plain clothed Detectives from the Sanilac County Drug Task Force pulled into my driveway in unmarked vehicles and came to my door asking for me by name and claiming they had an "anonymous tip" that I was growing marijuana and they were concerned that I might be over my limit.

 

Knowing I wasn't anywhere near over my limit and that I was in total compliance of the law I explained to them that they had bad information, I had no idea what they were talking about, and I asked the officer if he had reason to believe I had committed a crime.

 

The officer's response was "No, we don't have any reason to think you have committed a crime. We just want to verify that you are in compliance and don't have more plants growing than you are legally allowed to have. We do this as courtesy in case someone is growing legally. All you have to do is show us your cards and your plants and then we will be out of your hair."

 

I responded that I didn't feel it was very courteous to be accused of possibly breaking the law when there was no reason to believe I have committed a crime and have strangers with guns come to my home to try and coerce me into give up my 4th amendment protections against unreasonable search and seizure based on an unsubstantiated "tip". I expressed that we lived in America and citizens shouldn't be treated like they are guilty until proven innocent or be required to show their "papers" if there is no proof they committed a crime. 

 

As soon as I made it clear I wasn't going to give into their bullying tactics and be intimidated into giving up my rights the 2nd officer got even more intimidating. He said "Look, we are doing this so legal caregivers don't get raided. You got kids here." 

 

At which point I told them that if they don't have a warrant, probable cause to believe that I have committed a crime, and if they aren't responding to an emergency that their presence on my property without my verbal or written consent was in violation of Michigan State Law and I was concerned about the fact that they are illegally trespassing on my property. 

 

This obviously and visibly irritated the detectives... One of them told me "Ok, if that's how you want to play things we'll be back!" and they stormed off into their vehicles and sped out of my driveway. 

 

Me, my wife, and my kids (who heard everything the officers said and who knew nothing about marijuana or that I was growing before the visit) now live in fear of armed stormtroopers raiding our property and potentially hurting or killing one of my family members or our pets and seizing all of our property in spite of the fact that I have never been over my limit and never sold anything to anyone that wasn't one of our registered patients. 

 

I am also afraid that if I start showing up at local town hall meetings and speaking out to the community me and my family will be targets of further intimidation and potentially raided and have property seized before we are even convicted of a crime. 

 

 

Thank you for standing up to Leo i know your story well and here it from others that have also been visited by Leo i know of one that had them come by and look and say they are OK and Legal only now they are in prison the Leo's sent the D.E.A over and took all their stuff 

 

I know how  you feel you'll thinking when are they coming back we used to sleep with all of are clothing on and shoes because we knew they would be back and didn't want to be locked up with out the things we needed 

 

i feel for you and your family you are thinking is it worth all of this for a plant i do not grow because of the stories i here everyday

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And the correct response is:

 

At which point I told them that if they don't have a warrant, probable cause to believe that I have committed a crime, and if they aren't responding to an emergency that their presence on my property without my verbal or written consent was in violation of Michigan State Law and I was concerned about the fact that they are illegally trespassing on my property.

 

:goodjob: :goodjob: :goodjob: :goodjob: :goodjob: :goodjob:

 

 

Don't be too surprised if they come back with a warrant based on a seed that they "found" in your garbage.

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I also had that same thought and question in the back of my head though I didn't vocalize it. They had badges hanging from their neck but I didn't closely inspect them as I was talking to them through the (closed and locked) screen door on my enclosed porch. They identified themselves as being Detectives from the Sanilac County Drug Task force. None of the responses I gave would indicate whether or not I was growing, only that I didn't know what they where talking about and that I have never been involved in any illegal activity.

You're not too far away from me. I will bet those guys wont be back, with or without a warrant. Sounds like a fishing expedition, maybe a disgruntled neighbor. Matter of fact, if they do return, and cause raucous, I'll likely be able to assist you in getting your garden back on track, barely skipping a beat if interested, no worries.

 

tighten the ship if needed

even legal, loose lips sink ships.

keep your trash in until the morning of trash day,

and hand it to the garbage man, even though it's devoid of any cannabis related materials/print/evidence already.

 

also, will you share your security/monitoring system info with me, settings, brand, etc. I'm ready for an upgrade... thanks so much.

 

peace

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Thank you Mi Compassion. You handle that correctly. Their is nothing they can do and they pressure their way into these peoples homes. I spoke with Sheriff Binecki and he told me that are agency's the only ones that go around and check in on every persons grow. How do they obtain this information? Legally or illegally? and why are we wasting money on people who are not criminals? The sheriff told me the last meeting that a lady was their and they made her leave.

 

Please attend this upcoming meeting in Deckerville, I am going to make a very strong point. I am looking for all the support i can get. Please spread the word to people I believe non medical patients will want to know why were wasting their money. Its out of control in this county and its time to take action.

 

I wish I could attend but being I am now a target for law enforcement I am afraid that doing so will bring further harassment on my family. It's a real catch 22. 

 

Thank you for standing up to Leo i know your story well and here it from others that have also been visited by Leo i know of one that had them come by and look and say they are OK and Legal only now they are in prison the Leo's sent the D.E.A over and took all their stuff 

 

I know how  you feel you'll thinking when are they coming back we used to sleep with all of are clothing on and shoes because we knew they would be back and didn't want to be locked up with out the things we needed 

 

i feel for you and your family you are thinking is it worth all of this for a plant i do not grow because of the stories i here everyday

 

That's the reason I didn't consent to any searches, I too have read the horror stories of legal patients giving LEO consent and having terrible things happen because of it. 

 

And the correct response is:

 

 

:goodjob: :goodjob: :goodjob: :goodjob: :goodjob: :goodjob:

 

 

Don't be too surprised if they come back with a warrant based on a seed that they "found" in your garbage.

 

Well I'm hoping this won't happen... anything that isn't burnable goes into the dumpster at my wife's work. And we burn all plant material on part of my property that isn't accessible from neighboring properties. 

 

You're not too far away from me. I will bet those guys wont be back, with or without a warrant. Sounds like a fishing expedition, maybe a disgruntled neighbor. Matter of fact, if they do return, and cause raucous, I'll likely be able to assist you in getting your garden back on track, barely skipping a beat if interested, no worries.

 

tighten the ship if needed

even legal, loose lips sink ships.

keep your trash in until the morning of trash day,

and hand it to the garbage man, even though it's devoid of any cannabis related materials/print/evidence already.

 

also, will you share your security/monitoring system info with me, settings, brand, etc. I'm ready for an upgrade... thanks so much.

 

peace

Thank you so much for the kind offer. Hopefully I never have to take you up on it. I don't see any reason for them to come back either but I have heard horror stories of police getting caught doing some pretty shady things to get illegal search warrants signed so I have to operate like they could show back up at any time. I definitely considered showing them our cards and plants just to show them we are legal but I have heard horror stories about people ending up being raided by the DEA after allowing local law enforcement to search grows that 100% complied with state laws and decided it would be best to tell and show the police nothing. I am quite upset that they showed up at my home with guns, illegally trespassed, and used intimidation and threats to try to coerce me into giving up my constitutional rights and now have forced my family to live in fear like we are criminals when they had absolutely zero evidence of this being the case. We burn all our plant material and growing related trash in a deep pit and my wife takes non-burnables to her dumpster @ work (never anything related to growing). 

 

I am using wireless ip cameras connected to my wireless network and use a computer running free software to record any motion or sound and upload my recordings to my youtube account automatically (the recordings are set to private so only I can read them). 

 

These are the cameras I am using... 

 

http://www.ebay.com/itm/371284348831

 

I have my wireless router, modem, and computer that is recording and uploading videos on an Uninterruptible Power Supply so if I lose power my recordings and uploading to youtube will still continue. 

 

http://www.amazon.com/APC-BE550G-Back-UPS-8-outlet-Uninterruptible/dp/B0019804U8/ref=sr_1_1?s=electronics&ie=UTF8&qid=1434216590&sr=1-1&keywords=UPS

 

And this is the software I use on a windows PC to record motion and sounds, and upload them to youtube automatically: 

 

http://www.ispyconnect.com/

 

 

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wait, wow!

 

http://sanilaccountynews.mihomepaper.com/news/2015-02-11/News/Weve_told_them_medical_marijuana_growers_what_to_c.html

 

“We’ve told them (medical marijuana growers) what to correct if they are not in massive violation (of the law).”

Drug Task Force awarded medical marijuana grant

 

 

Jim Johnson

The Sanilac County Drug Task Force has received an $18,484 state grant for enforcement and education on medical marijuana.

 

“No matching funds are required…We just have to submit our approved use billings quarterly for a full reimbursement,” said Task Force Director Jim Johnson.

 

The task force will provide education for the public and law enforcement officers on interpreting and enforcing the law, including compliance checks for medical marijuana growers.

 

“We’ve told them (medical marijuana growers) what to correct if they are not in massive violation (of the law),” Johnson noted.

 

The amount of the grant is based on the number of medical marijuana cardholders in the county.

 

He said in

 

2014 there were

 

594 medical marijuana cardholders and 144 marijuana caregivers in Sanilac County. There are 96,408 cardholders in Michigan.

 

 

Doctors cannot legally prescribe medical marijuana because federal law says it is illegal. So people have to take the diagnosis from the doctor and apply for a medical marijuana card.

 

“If it was legal federally it would be regulated at a pharmacy, and that would be a good thing,” Johnson stated.

 

The number one reason given by Michigan residents for seeking a medical marijuana card is severe and constant pain. Treatment of cancer is very low on the list, Johnson said.

 

Johnson said the medical marijuana law, which was passed by a statewide petition drive, was intended to be confusing.

ties into this thread

http://michiganmedicalmarijuana.org/topic/48297-50k-grant-from-mmmp-fund-maybe-headed-to-st-clair-county/

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Thank you tpain. I found this article today as well. This just goes to show what their up to. If presripction pills,meth, and heroin are the problem then whydid we need a 19,000 grant for medical marijuana. I also like to point out on how they know what medical marijuana helps and doesnt help. This is one corrupt county....

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This is the drug enforcement cash cow at work. They are looking to compound it with civil asset forfeiture while they still can. I fail to see that the bills in the legislature that address that issue have enough teeth to well enough contain it. I'll get written testimony to them to explain Ter Beek if necessary, but it would be much more authoritative coming from residents of those communities. 

 

How about a show of hands? Who do we have out there?

Edited by GregS
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This topic is not made aware to the public. Im taking action to educate people on the problem going on in our county.

 

Tonight at the town hall meeting they blamed medical marijuana for all marijuana in our town. They had a slideshow of the dangers meth labs and included in that slideshow was information about dab labs. Sherriff binecki said that teens are going into their parents locked grows and busting buds off plants and taking them to school. When i asked about them wasting money by commiting these "compliance checks". Drug task force member Steve Mckenny said that " the only reason their wasting money is because they get a tip from someone. Then when they take action on the tip by carrying out surveilance, and finding evidence to incriminate people. They go to their house and ask about them growing and their shown a medical patient following state law. And theirs nothing left they can do. He then stated LARA provides them with no information on a patient or caregiver because of HIPPA laws."

 

They are going to these people houses because of the "anonomous tip" they recieved.

 

GregS how do we go about a written testimony from residents?

 

Educate people, get them talking, and end the war on cannabis!

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You can find out how to testify in your government committee meetings. When they are scheduled, you, and anyone else who wishes to will have an opportunity to speak your piece. Most venues give citizens five minutes, but it is not uncommon, when there is a big issue with many people who want to testify, for the rule to be changed to allow only three minutes. You can and should do your homework regarding the Supreme Court decision in the case of Ter Beek v City of Wyoming (http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/13-14-Term-Opinions/145816%20Opinion.pdf). You will find a syllabus explaining a short version of the more lengthy opinion. You can send that information to your City Attorney at any time. With that in hand you should be able to counter any measure to in any way restrict patients and caregivers that conflict with the MMMA Statute.

 

You can lay out any other arguments you wish to support your position.

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be careful, bobntorey says he got a knock just because he inquired about a FOIA.

 

is an anon tip enough to secure a search warrant?

reminds me of the vehicle profiling on the road.

pick the ones most likely to contain violations. I was told they are correct 7 of ten times, even with random pulls. its hogwash, and  a violation, but it would be nice if

people didn't leave their rolling papers on the dashboard to lower their success imo

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