City ordinance = Inspections?!

jamiesname

Well-Known Member
So my city is in the process of passing an ordinance on MMJ. I went to the meeting to add my two cents, but there was only two other guys there besides the city council. Anyways, the city is planning on making an ordinance that requires that caregivers (not patients growing for themselves) to undergo an annual inspection of their grow site(s) to ensure legality. It's a bunch of BS to be honest. Does anyone know how to go about forcing them to drop that part of the ordinance? It seems that arguing about it with them isn't going to cut it, they have their minds made up. It's going to require a courtroom for sure.
 

cephalopod

Well-Known Member
Isn't this pretty much the same thing as a municipality trying to put a moratorium on growing? I thought I had read something about inspections in the provisioning bill, but haven't been able to find anything specifically. I don't know, but seems like state law should over ride any bs ordinance. I would say a court injunction would squelch the weasel.
 

mrbungle79

Well-Known Member
state law supercedes any city laws or ordinances. i've dealt with that issue concerning the right to farm act
 

Rrog

Well-Known Member
Right. Times are changing and Bill Schuette and his whining minions can suck it.
 

Rrog

Well-Known Member
Jesus H, MrBungle... That is the most ghastly avatar I have ever seen. I am now applying liberal THC in hopes of deactivating that memory cell that hosts this awful image.
 

jonnynobody

Well-Known Member
BTW, OP:

If you think your local ordinance is fucked up, try living in Grand Rapids my friend...

http://kb.rpoaonline.org/ikm/questions.php?questionid=15&todo=__print

This is the page of regulations that applies to caregivers where I live. Fucked up shit eh? This ordinance and the ones like it are living proof that democracy doesn't matter when tyranny amongst thieves (i.e. city council) becomes the rule of law.

Must be awfully convenient to simply ignore the laws within the state you simply don't agree with. There is no precedence or legal authority for these "inspection laws" to exist...just plain and simple power grab is all it is.

Long live the gestapo...
 
State law does not override a county or municipality's rights to create ordinances in regard to regulation and enforcement of any laws in so much as they are not immediately and clearly addressed within the state statute in question.

In short, unless your state statute says something similar to "No county, city, or village may create ordinances designed to inspect growing operations" then it is perfectly legal for the local government body to pass this legislation. Even if it weren't legal, it would require a legal battle and quite a bit of funds to go up against a team of municipal or county attorneys and fight the bill as an infringement on right provided by a specific statute.

Now that that's out of the way, you asked how you can stop if from happening. This depends largely on who is proposing this ordinance and what their arguments in favor of it might be. This also depends upon your ability to organize and have a public outcry at your next council meeting (or committee meeting). I'm going to suppose that your city government has two standing committees that propose and vote on legislation before moving it forward for consideration by the entire council. Was this ordinance mentioned for the first time at the meeting you recently attended, or is it already slated for a vote in the near future (like next week?)?

You have some options, but the best thing you can do is pack part of the council chambers with local people (those who live in your city or county) in opposition. You'll need to have them sign up to speak or at least register with the city clerk as "opposed" to the ordinance. You'll need to be polite and lay out an sensible reason for your opposition, and you'll need to structure the opposition speaking time in such a way as that no one repeats what someone else said already. PM me if you want some help with this, but basically, you need to organize, you need to show up, and you need to state your case. If you're short on time, write a letter to the editor tonight and have other people write letters every few days until the vote comes up.

I can't create your arguments for you, so brainstorm with a few people, and PM me with what your arguments against inspection might be. I can help tweak them for you.
 
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