Posts Tagged ‘michigan’

Legal Loopholes and How Weed Growing Can Now Be a Legal Home Occupation

Legal Loopholes and How Weed Growing Can Now Be a Legal Home Occupation

marijuana, home grower, ordinance, Michigan, Bingham, town meeting

Image Via Ephemeron

And all this time you were talking sh*t about your homeboy and how all he does is stay in that hot ass apartment growing his weed plants! Little did you know that your dude was actually a budding entrepreneur and weed growing is his ‘home occupation’ but only if he lives in Bingham Township, Michigan.

The Bingham Township Planning Commission is considering adopting a zoning ordinance amendment similar to one being considered by neighboring Suttons Bay Township that might allow the production and sale of medical marijuana as a “home occupation.”

This clever move was made possible by an amendment adopted by the township planners after a review of the Michigan Attorney General’s interpretation of the state’s medical marijuana law. The basis of the ordinance allows ‘growers’ to run home based businesses that provide medical cannabis to patients. The difference is that each grower must deliver the plants; no store fronts or commercial businesses are allowed to participate.

These loose ‘collectives’ can do a whole lot of good for the entire community. Having a home based business is great because it allows one to earn an income. The fact that the marijuana is being cultivated on private property and only sold to a maximum of five people and delivered door to door means there is less likelihood the police would even notice what was going on. In addition, a search of private property to cease marijuana that’s being used for medicinal purposes would seem like an invasion of privacy and a bad image for the Michigan law enforcement community.

Let’s hope other towns take advantage of city and state zoning laws to bring about access to medical marijuana that can be tolerated by both users and the citizens that love them.

Medical Marijuana Users: How Much Longer Until Your Boss Can’t Fire You?

Does this mean you could be governor AND smoke pot?

Just like the industrious Walmart worker in Michigan, YOU, too, can get fired from your job for using medical marijuana — even if you are employee of the month.

Which clearly makes no sense, considering medical marijuana is legal. That’s why Sen. Mark Leno is pushing through a bill that would bar your boss from canning you over medical cannabis (smoking it when you aren’t at work, of course).

The State Senate Judiciary Committee just signed off on the bill, bringing it one step closer to becoming law. Leno, a San Francisco Democrat, was pleased.

“When Californians approved the compassionate use of cannabis, they never intended for it to apply only to unemployed people,” he was quoted saying in our sister paper, the LA Weekly. “With unemployment at record-high rates, we should be doing everything we can to keep productive and responsible members of the workforce in their jobs.”

And part of maintaining them as productive workers, ironically, is to let them smoke weed, the feel-good crop that is proven to help alleviate medical ailments, big and small.

Leno’s bill would reverse a 2008 court decision that granted employers the right to chose to not hire or even fire workers who were permitted by doctors to use medical marijuana.

Wonderful. Now, we want to know how long it will be before Leno will get a bill passed that allows employees smoke pot at work.

States That Allow Medical Marijuana in 2011.


With the new year comes new laws, including those that apply to medical marijuana in the United States. With the rapidly changing social and political landscape more and more states are passing pro-marijuana legislation.

States that approved of marijuana friendly ballot initiatives (orange on the map), but who may not have officially approved marijuana for medical use include Arizona (Prop 203), Vermont (Governor Shumlin helped pass existing MMJ laws), Connecticut (Governor Malloy supports decriminalizing pot), and Massachusetts (all 9 jurisdictions in which the question was asked support taxing and regulating marijuana like cigarettes and alcohol).

On the other side of the table, states failing to move forward in support of marijuana law reform (in gray on the map) include South Dakota, which failed to pass Measure 13, allowing medical marijuana in the state. Similarly, Oregon did not expand their existing laws with lack of support for Measure 74. New Mexico elected a stated anti-marijuana advocate to to post of governor, and in California Proposition 19 did not pass, preventing the legalization of pot in the state.

States that do allow medical marijuana are listed below, and are shown in beige on the map.

As always it is important to remember that marijuana remains illegal federally, and if you use medical marijuana in your state, it is best to consult an attorney who is familiar with the most up to date legal standings. Below you can find the current states that allow medical use of cannabis and what the current law permits.

  • Alaska – Nov 3, 1998.

    Initiative 8 passed with 58% of the vote and took effect Mar 4, 1999.

    Allows 1 oz usable; 6 plants (3 mature, 3 immature)

    Approved for: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea.

  • Arizona – Nov 2, 2010.

    Proposition 203 passed, just barely, with 50.15% of the vote.

    Allows 2.5 oz usable; 0-12 plants

    Approved for: Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn’s disease, Alzheimer’s disease, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, severe or persistent muscle spasms.

  • California – Nov 5, 1996.

    Proposition 215 was the first in the country to allow medical marijuana and took effect Nov 6, 1996. SB1449 was signed into law by Governor Schwarzenegger in October and took effect Jan 1, 2011 decriminalizing possession of less than 1 ounce of marijuana. Proposition 19 failed to pass, and would have legalized marijuana for personal use.

    The current law allows: 8 oz usable; 18 plants (6 mature, 12 immature).

    Approved for: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.

  • Colorado – Nov 7, 2000.

    Ballot Amendment 20 garnered 54% support, and took effect Jun 1, 2001.

    Allows 2 oz usable; 6 plants (3 mature, 3 immature).

    Approved for: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, or persistent muscle spasms.

  • Hawaii – Jun 14, 2000.

    Senate Bill 862 passed the House 32-18, and more narrowly in the Senate 13-12. It took effect Dec 28, 2000.

    Allows 3 oz usable; 7 plants (3 mature, 4 immature).

    Approved for: Cancer, glaucoma, HIV/AIDS, conditions producing cachexia or wasting syndrome, severe pain, severe nausea, seizures, or severe and persistent muscle spasms (multiple sclerosis & Crohn’s disease.)

  • Maine – Nov 2, 1999.

    Ballot Question 2 legalized medical marijuana, taking effect Dec 22, 1999.

    Allows 2.5 oz usable; 6 plants.

    Approved for: cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.

  • Maryland – 2003.

    While technically illegal, the Medical Marijuana Affirmative Defense Law has been in place since 2003. Medical marijuana is considered a mitigating factor in state trials, and the maximum penalty for medical use is a $100 fine.

  • Michigan – Nov 4, 2008.

    Proposal 1 passed with 63% of the vote and took effect Dec 1, 2008.

    Allows 2.5 oz usable; 12 plants.

    Approved for: “debilitating medical conditions” – cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, and multiple sclerosis.

  • Montana – Nov 2, 2004.

    Initiative 148 legalized medical marijuana with 65% approval and took effect that day.

    Allows for 1 oz useable and 6 plants.

    Approved for: Cancer, glaucoma, HIV/AIDS, conditions which produce cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, severe or persistent muscle spasms, (multiple sclerosis or Chrohn’s disease)

  • Nevada – Nov 7, 2000.

    Ballot Question 9/Assembly Bill 453 legalizing medical marijuana passed with 65% of the vote, and took effect Oct 1, 2001.

    Allows 1 oz usable; 7 plants (3 mature, 4 immature).

    Approved for: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain

  • New Jersey - Jan 18, 2010.

    The New Jersey Compassionate Use Medical Marijuana Act took effect Oct 1, 2010.

    Allows 2 oz usable.

    Approved for: Seizures, intractable skeletal muscular spasticity, glaucoma; severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome resulting from HIV/AIDS or cancer; amyotrophic lateral sclerosis (Lou Gehrig’s Disease), multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease. Maybe prescribed for any condition which leaves the patient less than one year to live.

  • New Mexico - Apr 2, 2007.

    Senate Bill 523 took effect on Jul 1, 2007.

    Allows 6 oz usable; 16 plants (4 mature, 12 immature).

    Approved for: severe chronic pain, painful peripheral neuropathy, intractable nausea/vomiting, severe anorexia/cachexia, hepatitis C infection, Crohn’s disease, Post-Traumatic Stress Disorder, ALS (Lou Gehrig’s disease), cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS, and hospice patients.

  • Oregon – Nov 3, 1998.

    Measure 67 legalized medical marijuana and passed with 55% of the vote and took effect Dec 3, 1998. Measure 74 would have expanded the scope of the existing laws, but failed to pass.

    Current law allows: 24 oz usable; 24 plants (6 mature, 18 immature).

    Approved for: cancer, glaucoma, positive status for HIV/AIDS. Any medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures (epilepsy), or persistent muscle spasms (multiple sclerosis)

  • Rhode Island – Jan 3, 2006.

    The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act passed the state House (52-10) and Senate (33-1) with a super majority, enough to override the governor’s veto. Another super majority vote (House 51-12, Senate 28-5) gave the amendment permanent status as state law Jul 21, 2007.

    Allows 2.5 oz usable; 12 plants.

    Approved for: cancer, glaucoma, HIV/AIDS, Hepatitis C, any ailment that produces cachexia or wasting syndrome, chronic pain, severe nausea, seizures (epilepsy), or severe and persistent muscle spasms

  • Vermont – May 26, 2004.

    Senate Bill 76 (passed 22-7) and House Bill 645 (passed 82-59) went into effect Jul 1, 2004.

    Allows 2 oz usable; 9 plants (2 mature, 7 immature).

    Approved for: Cancer, AIDS, HIV, multiple sclerosis, or a disease, medical condition, or its treatment that is chronic, debilitating and produces severe, persistent.

  • Washington – Nov 3, 1998.

    Measure 692 legalized medical marijuana passed with 59% of the vote and took effect immediately.

    Allows 24 oz usable; 15 plants.

    Approved for: Cachexia, cancer, HIV/AIDS, epilepsy, glaucoma, intractable pain, and multiple sclerosis.

  • Washington, DC – 1998.

    Medical marijuana was first passed in the federal district in 1998 with a record high vote of a approval coming in at 69%, however funding for the program was blocked by an act of Congress. A new measure was passed in May, 2010 and with the Democratically controlled Congress failing to intervene within 30 days, plans for 8 approved dispensaries are now in progress.

    Allows for 2 oz useable, other forms TBD.

    Approved for: HIV, AIDS, glaucoma, multiple sclerosis, cancer, other chronic conditions, or medical conditions for which the use of medical marijuana is beneficial (chemotherapy)

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