Posts Tagged ‘growing marijuana’

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.

Cultivator’s Handbook Still Around After Almost 40 Years

California Judge Rules Medical Marijuana Not An Agricultural Product

marijuana CaliforniaBy Steve Elliott of Toke of the Town

Yes, marijuana is a plant you grow from the ground. No, it’s not an agricultural crop. Confused yet?

In what is believed to be the first ruling of its kind in the state, a judge in California has ruled that a marijuana collective can’t operate on land zoned for agriculture, reports Lewis Griswold of the Fresno Bee.

In his ruling last week, Tulare County Superior Court Judge Paul Vortmann dismissed a property owner’s argument that a medical marijuana collective’s cultivation of marijuana is legal because it is in an agricultural zone.

“In this state, marijuana has never been classified as a crop or horticultural product,” Judge Vortmann wrote in his ruling. Marijuana is a controlled substance, the judge said.

“The court finds as a matter of law that growing marijuana … is not an agricultural use of property,” the judge wrote.

It’s the first time a court has addressed whether medical marijuana might be an agricultural crop, according to Tulare County Counsel Kathleen Bales-Lange, whose office sued a property owner and collective on behalf of the Board of Supervisors.

Marijuana plants are “agricultural in nature” because they grow like any other crop, according to lawyer Brandon Ormonde of Tulare, who represented the property owner. He acknowledged that medical marijuana has never been legally acknowledged as an “agricultural plant.”

“If it’s not a crop, I don’t know what it is,” said Dale Gieringer, director of California NORML, reports the Associated Press.

The case involved the Foothill Growers Association medical marijuana collective, which rented a building south of Ivanhoe in an agricultural zone. The collective grew plants inside the building and operated a dispensary.

Tulare County sued the collective and the property owner last year, arguing that marijuana dispensaries are only allowed in specified commercial and manufacturing zones.

Hash PlantThe group has until Friday to stop using the building. Hanford attorney Bill Romaine, who represents Foothill Growers Association, said on Thursday that he believed the cooperative had negotiated a new site to use in unincorporated Tulare County, reports David Castellon at the Visalia Times-Delta.

Five years ago, an estimate that marijuana was the top cash crop in the United States at $35.8 billion a year made headlines nationwide. The crop’s value is more than corn and wheat combined, according to legalization advocate Jon Gettman, who prepared the 2006 report.

But never mind all that. Marijuana is not recognized by the California Department of Food and Agriculture as an “agricultural commodity.” (Maybe it’s time they catch up to reality.)

No agricultural commissioner in the state — not even in Mendocino and Humboldt counties — lists cannabis in is annual crop reports.

“We don’t regulate or track marijuana at all and regard that as a law enforcement issue,” said Steve Lyle, speaking for the state agriculture agency.

That could all change, though, under a proposed ballot initiative that plans a farming future for marijuana. Among other things, it proposes to apply “existing agricultural taxes and regulations to marijuana” and would prohibit zoning restrictions on cannabis cultivation.

It was recently approved by the Secretary of State’s office for signature gathering in an attempt to get it on the 2012 ballot.

Article From Toke of the Town and republished with special permission.

Pot Grows, Yet California Judge Rules It Isn’t A Crop

And the stupidity continues with stupid decisions like this going on. Who knew a plant wasn’t a plant apparently?
It grows in the ground, requires sunshine and water to blossom and earns California growers an estimated $17 billion a year. But don’t call marijuana an agricultural crop in Tulare County.
The Fresno Bee (http://bit.ly/pwDIGg) reports that a judge ruled this week against a medical marijuana-growing collective that wanted to operate on land zoned for agriculture.
Tulare County Counsel Kathleen Bales-Lange says it’s the first time that courts have addressed whether marijuana can be classified as an agricultural crop. California voters legalized pot for medicinal purposes in 1996.
The case began when the county Board of Supervisors sued the Foothill Growers Association, which operated in an agriculture-zoned building.
In a ruling finalized Tuesday, Judge Paul Vortmann said the act of growing a controlled substance is not an agricultural use of property.
(Source) http://www.mercurynews.com

San Bruno senior citizens busted on pot-farming charges

It’s pretty common these days for robbers to target homes where marijuana is being grown.

Not so common: When the suspected pot growers are two women past retirement age.

That was what San Bruno police uncovered Friday, according to San Mateo County prosecutors.

It all began when neighbors heard loud banging coming from the women’s home on Valleywood Drive, nestled in between Skyline Boulevard and Interstate 280.

Then they saw two men, later identified as Kitae Chae, 38, and Kenny Kong, 34, breaking down the front door and lingering inside for a few minutes before driving off in a BMW, District Attorney Steve Wagstaffe said.

The neighbors called police, and officers who stopped the BMW in South San Francisco found the men with $12,000 in cash, marijuana packaging material and seven ecstasy pills, Wagstaffe said.

When they arrived at the Valleywood Drive home, investigators found a substantial pot-growing operation: more than 800 marijuana plants, $3,000 in cash and a bypass through which electricity was being stolen from Pacific Gas and Electric Co., police said.

In short order, officers arrested the occupants — 72-year-old Aleen Lam and Virginia Chan Pon, 65. It’s not Pon’s first run-in with the law: She is already facing charges in Yolo County for allegedly passing more than $40,000 in bad checks over a three-day period at Cache Creek Casino.

“I have never seen or heard of women in their 60s and 70s running a grow house,” Wagstaffe said. “I certainly hope it is aberrational rather than a trend. I suppose profiteering in illegal enterprises crosses all the generations.”

The two women face a variety of drug charges, and Chae and Kong are accused of drug and burglary counts. All four have pleaded not guilty and are being held at San Mateo County Jail in lieu of $100,000 bail each.

Prosecutors have filed a motion requiring that the two women show a legitimate source for any bail they post.

Pon Lam ganja grannies thumb 416x286 San Bruno senior citizens busted on pot farming charges

Teen Turns In Father On Marijuana Growing Operation

When you can even trust your own kids, who can you trust?
MURFREESBORO, Tenn. – A Murfreesboro father is in trouble after his own son turned him in for growing marijuana.
Police went to the family home after the 15-year-old called to report allegations of physical abuse. When officers arrived the teen handed them a marijuana plant growing in a small flower pot.  Inside the home, police found several plants in two illegal grow operations and arrested the father.
“The juvenile went inside and came out with a marijuana plant that was part of a grow operation inside the house,” said Kyle Evans with Murfreesboro Police.
In an exclusive interview the teen’s father told NewsChannel 5: “I could not believe my son would turn against his father like that.”
In addition to the marijuana plants and grow lights, Murfreesboro police also confiscated scales and supply of processed marijuana from the home. There’s no indication the suspect was growing the marijuana to sell.

Marijuana Growers’ Kids In Better Health According To Canadian Study

Canada grow roomBy Steve Elliott of Toke of the Town

A new study from Canada flies in the face of stereotypes regarding the offspring of marijuana-growing parents. Children from homes where cannabis is grown were healthy and drug-free, according to the study — in fact, healthier than other children — leading to questions about why such kids are often removed from their homes.

The research from the Motherisk Program at Toronto’s Hospital for Sick Children indicates the automatic removal of kids from marijuana-growing parents can be worse for the children than allowing them to stay at home, according to Gideon Koren, a University of Toronto professor and the program’s director, reports CBC News.

“After examining 75 of the kids over several years, we came to very clear conclusions that a vast majority of these kids are doing well,” Koren said. “Well fed, well kept, doing well in school and developing well.”

“In fact, the health problems found in this population were actually fewer than those in the general Canadian population,” according to a news release from the Hospital for Sick Children.

Children often enjoyed the lifestyle benefits of having high-income parents — even though that income is made illegally — and taking them away often “does a lot of damage,” Koren said.

“Taking a small child from his or her parents in a well-adapted environment causes fear, anxiety, confusion and sadness — everything that comes from separation,” he said.

When children are found in homes identified as marijuana-growing operations, they are usually removed, separating them from their parents and often placing them into foster care.

The Hospital for Sick Children examined 75 kids between 2006 and 2010 from Ontario’s York Region, just north of Toronto.

canada marijuanaSince 2006, child-welfare workers have learned more about the effects marijuana grow-ops have on children and have changed how they maintain the children’s safety, according to Patrick Lake, executive director of the York Region Children’s Aid Society.

“We have developed a more customize and comprehensive process to determine best response, on a case-by-case basis, while looking for ways to safely maintain children with their parents or relatives,” Lake said.

This was the first study done on the topic, and the findings mean authorities will now see these children differently, according to Koren.

“When police and children’s aid go into that situation, they have to look much more carefully on what happened to that child, and now blanket-wise moving kids out of their homes,” he said.

Article From Toke of the Town and republished with special permission.

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