Royal Oak City Commission: Medical Marijuana Use Approved, But Not Growth

[lowtaxrate]

The Royal Oak City Commission approved an ordinance early Tuesday allowing the use, but not the cultivation, of medical marijuana.

 

Calling it the “modified Livonia ordinance,” most commission members agreed the action would open the city up for a lawsuit, as most Michigan communities, including Livonia, are facing following the adoption of marijuana ordinances.

 

Users are bringing lawsuits against communities enacting ordinances, saying the rules are in opposition to a 2008 state statute approving the use and cultivation of the plant for medicinal purposes. In November, the ACLU brought a suit against Birmingham, Bloomfield Hills and Livonia over the issue.

 

The alternative to adopting an ordinance would have been to extend the city’s moratorium, which was set to expire in February.

 

In other actions:

 

■The Commission members voted against prohibiting liquor sales on Christmas Day.

■The Commission approved the liquor license request of Gemmayze, a Middle-Eastern cuisine restaurant and lounge set to open this spring in the former Small Plates location.

■The Commission also approved a dance floor permit for the Bastone/Café Habana/Commune/Vinotecca location on Main Street. The restaurant group was operating with a temporary permit before the approval.

[lowtaxrate]

The Royal Oak City Commission approved an ordinance early Tuesday allowing the use, but not the cultivation, of medical marijuana.

 

Calling it the “modified Livonia ordinance,” most commission members agreed the action would open the city up for a lawsuit, as most Michigan communities, including Livonia, are facing following the adoption of marijuana ordinances.

 

Users are bringing lawsuits against communities enacting ordinances, saying the rules are in opposition to a 2008 state statute approving the use and cultivation of the plant for medicinal purposes. In November, the ACLU brought a suit against Birmingham, Bloomfield Hills and Livonia over the issue.

 

The alternative to adopting an ordinance would have been to extend the city’s moratorium, which was set to expire in February.

 

In other actions:

 

■The Commission members voted against prohibiting liquor sales on Christmas Day.

■The Commission approved the liquor license request of Gemmayze, a Middle-Eastern cuisine restaurant and lounge set to open this spring in the former Small Plates location.

■The Commission also approved a dance floor permit for the Bastone/Café Habana/Commune/Vinotecca location on Main Street. The restaurant group was operating with a temporary permit before the approval.

 

I watched the meeting on TV and thought it was the most entertaining commission meeting I have ever seen. I was so proud of so many supporters that were there to support us and believe me when I say our voice was strong. I really thought that Rick Thompson shared a great message and the lawyers clearly said enough is enough and we will fight back.

 

So great to see so many saying that we will not stand for this. As a resident of Royal Oak my voice was not represented and the handful of 90 year olds do not represent me or my community.

 

Thank you to all those who spoke so passionately last night. We will not go quietly into the moratorium.

[freemannabis]

I watched the meeting on TV and thought it was the most entertaining commission meeting I have ever seen. I was so proud of so many supporters that were there to support us and believe me when I say our voice was strong. I really thought that Rick Thompson shared a great message and the lawyers clearly said enough is enough and we will fight back.

 

So great to see so many saying that we will not stand for this. As a resident of Royal Oak my voice was not represented and the handful of 90 year olds do not represent me or my community.

 

Thank you to all those who spoke so passionately last night. We will not go quietly into the moratorium.

 

YES, I also want to say "THANK YOU!," to ALL COMPASSIONATE SOULS who spoke out against the TYRANNY of OLIGARCHY RULERSHIP of the PSEUDO-EGALITARIAN NAZIS that rule, daily and nightly, over "WE The PEOPLE who strive to obtain TRUE FREEDOM of CHOICE.

 

FREEDOM WILL PREVAIL.

 

Be FREE (from nazi rulers in "Public Office")

 

HARVEST The HEALING

[ozzrokk]

Approve use but not cultivation? First off the 2008 Law approves USE and Cultivation....

Why is it that the council thinks they have any say in it? If they are talking about

stopping any patients or caregivers rights as written in the law , then they are out

of their mind. Now if they are talking about a store front Dispensary or what not

then they may have a zoning right to allow or not allow it but I don't get how they

can say -ohhhh yea we approve use for patients- when it is not even their choice.

 

Edited to add

 

Of course you approve use for patients.......

[Hempcheff]

the ACLU brought a suit against Birmingham, Bloomfield Hills and Livonia over the same issue. im sure RO will follow

 

 

 

Approve use but not cultivation? First off the 2008 Law approves USE and Cultivation....

Why is it that the council thinks they have any say in it? If they are talking about

stopping any patients or caregivers rights as written in the law , then they are out

of their mind. Now if they are talking about a store front Dispensary or what not

then they may have a zoning right to allow or not allow it but I don't get how they

can say -ohhhh yea we approve use for patients- when it is not even their choice.

[ozzrokk]

the ACLU brought a suit against Birmingham, Bloomfield Hills and Livonia over the same issue. im sure RO will follow

 

 

Yep all the same. I just can't believe that they need someone to tell the council this.

You would think they could read the law and figure it out on their own....

 

I know I know We can't ask for miracles.....

[Dman]

The Royal Oak City Commission approved an ordinance early Tuesday allowing the use, but not the cultivation, of medical marijuana.

 

The alternative to adopting an ordinance would have been to extend the city’s moratorium, which was set to expire in February.

 

 

 

If I understand this correctly. Your aloud to use but not cultivate. And the moratorium says there will be no dispensary's in the city. So in essence the city does not want any sales tax or permit money. And that patients need to drive out of their city to purchase medication and bring that back through the city to their homes. It's a good thing they didn't ban me from driving through their city.

 

I do not see how this is protecting the city.

[bobandtorey]

i was their and it was funny at times for sure one guy came in with a lot of Ad's from the news paper that said your legal get legal for X amount of $$ and all kinds of sex for hire Ad's i told them they can bad the sex but not MMJ lol

[Frank R]

If I understand this correctly. Your aloud to use but not cultivate. And the moratorium says there will be no dispensary's in the city. So in essence the city does not want any sales tax or permit money. And that patients need to drive out of their city to purchase medication and bring that back through the city to their homes. It's a good thing they didn't ban me from driving through their city.

 

I do not see how this is protecting the city.

Its a good gambit for the city and LEO.

Now Oakland County and Royal Oak LEO just have to follow around RO Patients who lack the "necessary means" to have the "necessary means" to purchase from dispensary/CCs and have to "score" illegal street weed so as to root out all the illicit grows and dealers in the Royal Oak area.

The assets seized will be more than adequate to cover cost of the forthcoming Patient lawsuit, and the bump in arrest statistics is priceless political capital.

 

Really, brilliant anti-insurgency tactic.

The injection ex-Military LEOs are really bringing home some great lessons for the US population from their Iraq/Afghanistan training and tours.

 

Its just a shame that the insurgents in this case are cash-strapped Royal Oak Patients.

[ozzrokk]

Its a good gambit for the city and LEO.

Now Oakland County and Royal Oak LEO just have to follow around RO Patients who lack the "necessary means" to have the "necessary means" to purchase from dispensary/CCs and have to "score" illegal street weed so as to root out all the illicit grows and dealers in the Royal Oak area.

The assets seized will be more than adequate to cover cost of the forthcoming Patient lawsuit, and the bump in arrest statistics is priceless political capital.

 

Really, brilliant anti-insurgency tactic.

The injection ex-Military LEOs are really bringing home some great lessons for the US population from their Iraq/Afghanistan training and tours.

 

Its just a shame that the insurgents in this case are cash-strapped Royal Oak Patients.

 

 

But the reality is that they would not make enough in seizures to cover

the many many many lawsuits that will be forthcoming. Not even close.

[Royal Smoke]

Does anyone know how Jim Rasor voted?

 

If I recall correctly, someone said they overheard him pitching to the higher ups to take growers rights away and just having a few dispensories. I think he's a lawyer for MACC. And Big Daddy's too.

 

Just interested as to how he voted this time around....

 

 

If he voted for just the use, but not the cultivation, he may be up to something....

[+EdwardGlen]

So now we start a boycott drive against Royal Joak.

[Retta]

January 25, 2011 http://detnews.com/article/20110125/METRO02/101250425

 

Royal Oak bans pot growing, allows qualified in-home use

 

MICKI STEELE

The Detroit News

 

Royal Oak— Medical marijuana growing is now banned in the city, but qualified patients will be allowed to continue to use the drug in their homes, under a new city ordinance.

 

The City Commission approved the ordinance 4-3 early Tuesday morning after a nearly six-hour meeting that began Monday night.

 

"We needed to have some compassion for the few people who really need to try medical marijuana to relieve symptoms of serious illnesses," said Commissioner Charles Semchena, who previously worked in the drug unit of the Oakland County Prosecutor's Office. "But growing it in every house, condo and apartment was too much and could lead to distribution to kids."

 

Twelve marijuana plants in one year yields about four harvests and could provide enough marijuana for about 21,000 cigarettes, Semchena said, citing a report by Royal Oak police and the Drug Enforcement Agency.

 

The law goes into effect Feb. 4, nine days before the city's 120-day moratorium on marijuana dispensaries was set to expire Feb. 13.

 

Livonia, a Wayne County suburb, and Birmingham and Bloomfield Hills in Oakland County banned medical marijuana facilities altogether, citing federal law that declares the drug illegal.

 

The American Civil Liberties Union recently filed suit against those communities, claiming that they were violating the state's medical marijuana law.

 

Michigan voters approved the Michigan Medical Marijuana Act in 2008 to allow patients with qualified medical conditions to use the drug. The act allows caregivers to grow up to 12 plants for five patients.

 

Local governments have taken varied actions in response to the state legislation — some by regulating dispensaries through land use and zoning laws, and some by licensing and regulating marijuana cultivation and storage.

 

Royal Oak city attorney David W. Gillam provided city officials at Monday night's meeting with five options, including inaction, application processing for zoned sites, postponement of a decision, a ban on dispensaries but not in-home use and cultivation, or another ordinance. They chose the fifth option -- to create a new law.

 

Valerie Olander contributed.msteele@detnews.com(313) 222-2620

 

 

guess they are going to need caregivers that don't reside in Royal Oak.

[mizerman]

Royal Oak tightens medical marijuana regulations

Published: Tuesday, January 25, 2011

By Catherine Kavanaugh

Journal Register Newspapers

 

ROYAL OAK — Medical marijuana patients won’t be allowed to grow their 12 state-allotted plants at their house or have a caregiver do it for them when a new local ordinance goes into effect Feb. 3.

 

On the heels of a moratorium on dispensaries in commercial and industrial zones, the city is stemming the tide on what a slim majority of elected officials believes could be the onset of grow houses in neighborhoods and condo and apartment complexes all over Royal Oak.

 

Anyone who can show they were growing medical marijuana before the ordinance goes into effect will be grandfathered in.

 

In a 4-3 decision early Tuesday, the City Commission voted to prohibit all enterprises contrary to federal law — possession and use of marijuana violates federal law — with two exceptions. A qualifying patient can possess or use marijuana in his or her home and a caregiver can assist the patient if he or she is connected to them through the Michigan Department of Community Health registration process.

 

“This allows patients who need marijuana to have it and not be criminalized but on the other hand it takes away the biggest threat to our neighborhoods by keeping grow houses out,” said City Commissioner Chuck Semchena.

 

He supported the change to the zoning ordinance with City Commissioners Pat Capello, Terry Drinkwine and David Poulton.

 

The commission finally hashed out which regulations Royal Oak would adopt at 1:05 a.m. -- 5 1/2 hours after their meeting started and 3 1/2 hours after they heard from 20 residents and two attorneys, including Neil Rockind, who threatened a lawsuit.

 

“What you are about to do is a grave mistake,” Rockind told commissioners when he was the 18th person to offer public comment on Monday night. “You will see me again if you limit where caregivers can grow.”

 

The Michigan Medical Act allows a registered caregiver to grow up to 12 plants each for five qualifying patients. Rockind filed a lawsuit against Bloomfield Township for a similar ordinance to the one Royal Oak passed.

 

“The one difference is that Bloomfield Township requires patients to maintain a confidential registration with the township police,” Royal Oak City Attorney David Gillam said.

 

Rockind contends both ordinances are in conflict with the state law passed by 63 percent of Michigan voters — 72 percent in Royal Oak — in 2008.

 

One option not litigated anywhere in Michigan is the Royal Oak Plan Commission recommendation to allow patients or their caregivers to grow up to 12 plants at the patient’s house only, said City Commissioner Michael Andrzejak.

 

“It’s a fresh and different alternative,” he added.

 

Mayor Jim Ellison and City Commissioner Jim Rasor agreed.

 

“The intent is to get medical marijuana into the hands of patients,” Ellison said. “This is a hybrid to allow patients to grow for themselves or have a caregiver do it. The caveat being the caregiver can grow for five patients at five houses but not his house.”

 

Rasor added, “Medical marijuana is here in Royal Oak. It’s already in your neighborhoods unregulated.

 

Semchena said Royal Oak’s pending ordinance shows compassion to patients while addressing resident concerns about the excess of marijuana growing operations falling into young hands.

 

“It carves out an exception for qualifying patients to possess and use marijuana in their homes but not cultivate it,” Semchena said.

 

That’s not good enough for resident Adam Brook. A long-time activist to decriminalize marijuana, he is now a thyroid cancer patient. He also is planning a lawsuit.

 

“If you pass any ordinances that go against the state law and affect me as a medical marijuana patient I will sue you,” Brook said. “As a Royal Oak resident it kills me to have to threaten to sue the city as I know how broke we are but...we are talking about people’s health.”

 

Royal Oak’s city attorney said anyone growing medical marijuana before the ordinance goes into effect will be allowed to continue.

 

“If they can establish they were growing it before the effective date of the ordinance they can be grandfathered in,” he said.

 

 

***************************************************************************

***************************************************************************

 

Someone please provide the actual link to this article.

 

Take a few minutes to read the comments below the article. There is some utterly priceless rhetoric from the reefer madness crowd in Oakland County.

 

Looks like Big Al and BigBoss have Fatheads of each other on the ceiling above their bed!

 

LMAO!

 

Mizerman

[trix]

sooooooooo they are saying "we will raid and take your money "due to the dispensaries not being "legal", then tell them hey "you cant grow either" wtf!!!!!

 

This is getting sad, and embarrassing (IMO).. lets just take all the rights away no growing no buying no p2p wtf man this is a joke!!!!

[Royal Smoke]

"Rasor added, “Medical marijuana is here in Royal Oak. It’s already in your neighborhoods unregulated."

 

 

Hmmmmmmmmmmm

[Royal Smoke]

Royal Oak’s city attorney said anyone growing medical marijuana before the ordinance goes into effect will be allowed to continue.

 

“If they can establish they were growing it before the effective date of the ordinance they can be grandfathered in,” he said.

 

Yeah, I'll prove my grow was here After they raid me.....I'm not telling them where I'm at right now.....forgetaboutit....

[pic book]

Yes, BB, RO patients will either need caregivers w/o RO addresses or caregivers who go back to doing the underground grows they were doing before the 2008 law passed. In that case caregivers who did MCDH registration are now at a huge disadavantage compared to those who continued black maket growing underground as they always did and refused to apply to be listed anywhere for any reason.

[rafaeltoral]

Right now I live just outside of Royal Oak. I signed a lease a week ago on a place in Royal Oak. It will be interesting to see what happens.

I am in total compliance with state law. Royal Oak can kiss my donkey.

[Grow Thread]

 

 

Twelve marijuana plants in one year yields about four harvests and could provide enough marijuana for about 21,000 cigarettes, Semchena said, citing a report by Royal Oak police and the Drug Enforcement Agency.

 

 

i love the high end math used here.

 

for the sake of easy math let's say we are rolling 1gram marijuana cigarettes. 21,000 of them.

 

thats 21,000 grams = or 750 ounces.

 

so 12 plants, 4 harvests per year. thats 48 plants a year. in order to yield 21,000 grams from 48 plants, they need to harvest 15.625 ounces per plant. basically one pound plants....

 

OR.

 

you could have 48 plants that yield 2.5 ounces each.... thats 120 ounces. or enough for 3,360 marijuana cigarettes.

 

the 3,360 is a far cry from 21,000. but ya know. they gotta be extreme instead of average.

[mizerman]

"Rasor added, “Medical marijuana is here in Royal Oak. It’s already in your neighborhoods unregulated."

 

 

Hmmmmmmmmmmm

I just hope that Neil Rockind and/or the ACLU files a lawsuit against Royal Oak by the end of this month.

 

 

Mizerman

[Retta]

i love the high end math used here.

 

for the sake of easy math let's say we are rolling 1gram marijuana cigarettes. 21,000 of them.

 

thats 21,000 grams = or 750 ounces.

 

so 12 plants, 4 harvests per year. thats 48 plants a year. in order to yield 21,000 grams from 48 plants, they need to harvest 15.625 ounces per plant. basically one pound plants....

 

OR.

 

you could have 48 plants that yield 2.5 ounces each.... thats 120 ounces. or enough for 3,360 marijuana cigarettes.

 

the 3,360 is a far cry from 21,000. but ya know. they gotta be extreme instead of average.

 

 

 

 

 

 

 

He must be rolling them with the leaves, stems, seeds and the dirt.

 

 

 

 

[yngvnkzie420]

Totally Laughable. Use but no cultivation? And how do they justify that math for the yearly yield? I sure hope the ACLU gets a hold of this one and takes it to court...

 

Speaking of that.. Has there been any more news on their case against bloomfield,livonia etc? I haven't been able to find any news on it.

[Ionic7]

I am glad the clarkston waterford area is not this insane

[reliefchoices]

There is a short video clip on MarijuanaPatients.org from the Royal Oak Commission meeting and attorney Paul Tylenda's message (warning) to them.