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Showing posts with label Zoning. Show all posts
Showing posts with label Zoning. Show all posts

Tuesday, June 4, 2019

Should Zoning Ordinances Be Used to Regulate the Number Of Charter Schools in a City?

By Friends of Cushingberry


The growth of charter schools have created a wild wild west for venture capitalists and financial managers who manage them at the expense of the community. The result of the grand experiment of alternative education with public funds is neighborhood blight and marginal educational results.



Case in point is the Benton Harbor School District which was presented with a form letter from the Michigan Department of Treasury to cease and desist being a high school or, the school district will be dissolved. In Benton Harbor and most cities in Michigan, there are more charter schools than kids in a neighborhood. Schools of choice allows the Department of Treasury to move the children to different school districts in Michigan. It allows wealthier districts to select the athletes and top students from other districts and leave the others to rot. What you end up with is a lot of empty buildings and money wasted with the same educational results. 



Gov. Gretchen Whitmer
State of Michigan


As of June 4th, Gov. Whitmer ordered that the high school and district remain intact.

The use of zoning laws to limit the number of schools that use public funds in a city would allow for better management of educational resources and, assist in bringing accountability to education.  The successful use of State zoning laws allowed cities like Detroit to limit the number of Marijuana provisioning centers in the city.  If you feel like a law like this would help contact State Senator Adam Holler or any member of the legislature to express your concerns. Especially State Rep Isaac Robertson (D-Detroit) who loves to hear from his constituents.


Website: State Rep Isaac Robinson (D4-Detroit) District 4

Website: State Senator Adam Hollier (D2-Detroit) 


The damage of emergency management by State appointed to public schools can be reversed one step at a time through zoning.  Our children are worth more than $7500 a piece or $8500 if your child is eligible for special education. 

Laws can be changed by changing your elected officials. Some cities in Michigan are having elections in August and November of 2019.  New and progressive candidates like Scott Hughes who is running for City Council Ward 1 in Lansing Michigan is a person who will make that change. 

Ask those questions of the candidates for office and make sure to show up and vote in person or by absentee/early ballot.  

#ShowUpAndVote2019
#ShowUpAndVote2020

Monday, February 19, 2018

Voter Suppression for Marijuana Reform Creates Voter Apathy and Mistrust in Detroit

By Richard Clement

The recent opt in and zoning initiatives on the November 7th, 2017 ballot was approved in  480 of the 490 voting precincts within the City of Detroit. Both proposals passed by 98% citywide, so it is baffling when the Council introduces a moratorium and directs the City Law Department to invalidate election results. Wayne County Circuit Court Judge Robert Colombo allowed the City of Detroit to switch from being defendants to plaintiffs on the same charges that were tossed for two plaintiffs Marcus Cummings and VK Holdings LLC at 12800 E. Eight Mile.  


Michigan Attorney General Candidate
Dana Nessel
www.dana2018.com

The same Judge who deemed their case frivolous, used the same information to invalidate the ballot initiative. The City was allowed to refile charges at 12:01pm, allowing Judge Colombo to wait until 6:30pm to flip flop on the law. This is the same procedure that the Legislators in Lansing used to throw out the no vote on the Emergency Manager, reinstating them to loot City assets and poison children in Flint Michigan without fear or retribution.

The numbers below are a breakdown of the vote by City Council district.  In Districts 4 through 7, Opting Into State Law passed by 100% of the vote with Zoning passing by 98%. In City Council District 3, Marijuana passed by 98% whereas Districts 1 and 2 had a 94% percent rate of approval.  Both proposals A and B, passed by a 98% margin in the entire city.



Dist
PCT# A A% B B% A+B A+B% AorB AorB%
1 76 71 93.4% 68 89.5% 72 94.7% 67 88.2%
2 81 73 90.1% 72 88.9% 76 93.8% 70 86.4%
3 67 65 97.0% 65 97.0% 66 98.5% 64 95.5%
4 68 68 100.0% 68 100.0% 68 100.0% 68 100.0%
5 74 74 100.0% 73 98.6% 74 100.0% 73 98.6%
6 58 58 100.0% 57 98.3% 58 100.0% 57 98.3%
7 66 66 100.0% 65 98.5% 66 100.0% 65 98.5%
ALL 490 475 96.9% 468 95.5% 480 98.0% 464 94.7%

Legislative voter fraud is when elected officials move to negate the will of their citizens after a vote because the results are not to their liking. For the City of Detroit leadership to file a motion with Wayne County Circuit Court to invalidate the results of a vote is deplorable. This action creates voter apathy,  proves the case to some in the community, especially the African American community that their vote does not count. This action by the city creates mistrust in our government among citizens in Detroit, especially the young people under 40 years of age. 

Making decisions after normal working hours so that people are not aware of what is going on until the next morning is deplorable. This should not be the new method of operation (MO) for democracy in Michigan. To stop this we must elect an Attorney General like Dana Nessel who would step up and fight for the will of the people, instead of the interest of a few. We must put good leaders with wisdom and knowledge in the Michigan State House and Senate. We must elect Judges and Sheriffs who have the people's best interest at heart.

This decision by Judge Colombo must be appealed for the sake of democracy. The children are learning from their elected leaders that their votes can be suppressed. This is not good for education, and the future of our City.  Especially to the ancestors like Mrs. Amelia Boynton who who got punched in the mouth on the Edmund Pettus Bridge in Selma Alabama so that her and others have the opportunity to determine the direction of their community by voting. 

Contact your Detroit City Council Today at www.detroitmi.gov/Government/City-Council and tell them to respect the will of the people because, they are employees of the people who employ them with their vote.

Wednesday, November 16, 2016

State of the Bud Report – Detroit Medical Marijuana Status Scoreboard

By Richard C. Clement - Marijuana Policy Analyst
and Legislative Aide to Councilmember Pro-Tem George Cushingberry Jr.


We want to thank the City of Detroit Corporation Council, Legislative Service Bureau, and the staff of Building Safety Environmental Engineering for the detailed summary report of the status of Medical Marijuana businesses in the City of Detroit. As of October 25, 2016 there was a reported 279 alleged locations in the City with 150 places remaining open and 133 that what went out of business.  There were 117 closure notices sent with 55 being shut down by BSEED. Currently, there are 263 active applications for a Conditional Use Permit from the City of Detroit. Only one application was approved for a permit to apply for a license to do business. The remaining businesses are in various stages of the process from Drug-Free zone exemptions, incomplete site plans, and hearings.

Number of Conditional Use Applications for Medical Marijuana Facilities.
Number of Conditional Use Applications
263
Drug Free Zone Ineligible
109
Drug Free Zone Appeal requests
60
Number of Grants Approved
43
Applications Submitted for a Permit
2
Permits Issued
1
Licenses Applied for and Issued
0
    



 





This anti-weed effort of a few has forced the City and the County to update the database of information on each parcel of land in the City of Detroit. On December 20th, 2016 new laws take effect regarding the manufacture, use, sale, transfer, and distribution of marijuana in the State of Michigan.  On January 20th, we hope that the will of the people be maintained throughout the process with the election of Donald Trump as the 45th President of the United States.  If there was ever a time for the respect of States Rights, the time is now!  Federal, State, and Local elected officials must respect the will of the people of 25 states who said yes to weed. 

City of Detroit Medical Marijuana Link   www.detroitmi.gov/MedicalMarihuana

Judges must advise potential jurors of the right of Jury Nullification because of the changing attitudes toward marijuana as a nation. Anyone selected for a jury can find a defendant not-guilty despite the instructions from a judge. Jury Nullification will communicate the outrage from citizens to prosecutors so that arrests for Marijuana possession will stop being prosecuted because it will be a waste of time and taxpayer money on a war on weed and, for-profit prisons. 

We hope that self-policing in the marijuana industry with industry groups like Michigan Cannabis Development Association, Sons of Hemp, MI Medical Marijuana Association, and other cana-interest groups can keep the business in Michigan scandal free with equal opportunity to make it or fail, and attain capital like a neighborhood rec center, and a be a part of the growing agri-business that can re-invest the dividends back into the community.

Related Interest Groups and Information:
Michigan Medical Marijuana Association (3MA) www.michiganmedicalmarijuana.org 
Michigan Cannabis Development Association www.mcdagroup.com
Michigan NORML www.minorml.org 
Metro Times Article: Sons of Hemp/Healers or Dealers  Author Tom Perkins

State of Michigan Medical Marijuana Laws Implementation Plan 2016

We must improve our weaknesses and shore up our strengths to make Cannabis lose the boogey man status from the racist dogma of the late Harry Anslinger and J. Edgar Hoover. With a top to bottom legislative revamping of the zoning procedures, our city will be getting a new source of revenue along with other municipalities in Michigan. The new state law will allow the City to opt-in to the State Law and allow the citizens to design a new ordinance through the ballot initiative process and a vote of the people.  Then and only then, citizens on both sides of the spectrum can vote for a fair and equitable solution to the Marijuana question for the City of Detroit, Wayne County, and the State of Michigan.

The job growth opportunities in manufacturing, transportation, and agriculture will be endless from the act signed into law. All Firefighters in the State of Michigan will now be able to benefit from the use of marijuana for ailments like PTSD, Cancer, Stress, and other hazards of the job.  30% of proceeds from weed will go to Firefighters, 35% to counties, 25% to Cities and Townships and 10% to the State Police.  This action would dictate that employers public and private quit testing for it in pre-employment and accident investigations. Finally public employees like Firefighters, Police Officers, and Teachers will not lose their job if they get in an accident at work.

Like the entertainment industry, the revenue generated from occupied buildings could do nothing but help the community rebuild Schools and Neighborhood Recreation Centers like Johnson Center in Northwest Detroit.  It may even help church congregations of all denominations in various endeavors like treating heroin addicts by clergy with open minds. Not all clergy members are against Marijuana because there are some pastors who want to have a grow IN THEIR CHURCHES for their congregation to use for things like the building fund and neighborhood outreach.

As of this article writing, the software needed to make the license for an applicant is not operational on a local or State level. It is an abhorrent slap in the face to every Information Technology professional in the world for a government agency that cannot process online applications eight years after running one of the most profitable programs in the State of Michigan.  Whereas The City of Detroit can print information ID Cards for our guest citizens with their picture and information on it and take weed applications online at the same time. 

We are strongly encouraging the State of Michigan to match the work that the professionals in Information Technology at the City of Detroit have demonstrated.  The State of the Bud in Michigan remains strong and optimistic that our elected officials respect the will of the people instead of the thrill of a few in elected positions who want to use a lame duck excuse for their own special interests.


Monday, October 24, 2016

The State of the Bud Marijuana Field Report - November 2016 and Ordinance #61

By Richard C. Clement - Friends of Cushingberry

 "Watch out for a Lame Duck in December" - Friends of the Lame Game

The City of Detroit Detroit Marijuana Ordinance was ruled unconstitutional by US Eastern District Court Judge Avery Cohen in August 2016.  The Plaintiffs Sons of Hemp are a group of  Detroit based Marijuana business owners have successfully forced a re-write of Ordinance #61 regulating Detroit’s growing Marijuana industry because of the exclusion of Native Detroit African American business owners, violations of the Religious Freedom Restoration Act (RFRA) regarding churches in and, the reckless interpretation of Drug Free Zone laws by the ordinance. 

Per order of Judge Cohen the Ordinance is currently suspended by law, remanded to the Wayne County Circuit Court and, ruled un-enforceable.

The four new public acts signed into law by Governor Snyder also played a part to nullify the enforcement of the ordinance until one of the following events happen:
  1. A new Ordinance is presented to City Council to be voted upon by the entire 9 member body or,
  2. A citizen initiated petition presented in the form of a ballot initiative signed by 1500 people to place the issue on the ballot of the August 2017 primary election.
Either one of these methods will insure an ordinance for, by, and of the people will be enacted into law. This new ordinance is prohibited by Federal Law to include distance restrictions from a religious places of worship because of 1st Amendment violations and, the overreach of using Drug Free zones.

Anyone currently receiving a notice to shut down by the City of Detroit are strongly encouraged to contest the action by the Board of Zoning Appeals in Circuit Court. Furthermore, future changes will be made to the BZA membership to compel the board members to follow the will of the people instead of interjecting personal and religious bias in violation of Federal Law.

Breakdown of the new Public Acts signed into law by Governor Rick Snyder


Collectively, these bills create a five-member board appointed by the Governor called the Medical marijuana Licensing board. It allows the State Police and Attorney General to perform background checks on board members and licensees with fingerprinting. The laws create a licensing system for growers, processors, distributors, provisioning centers and safety compliance facilities.  The law requires all marijuana operators to be free of any misdemeanor or felony for 5 years and, any drug related felony for 10 years.

Local home rule provisions will allow locals to regulate facilities and secure local approval before getting licensed by the MM Licensing Board. These laws will help manage the estimated 10,000 new jobs created and a $63.5 million dollar a year industry by taxing facilities at the rate of %3 that will be distributed in the following manner.
  • %30 to Counties (no more Bankrupt Wayne County)
  • %30 to the General Fund diverted to the Firefighter Presumption of Cancer and First Responders Presumed Coverage Fund
  • %25 to municipalities
  • %5   to County Sheriffs
  • %5   to MCOLES for training local police officers
  • %5   to the Michigan State Police
Public Act 242 / Senate Bill 207  Roadside Saliva Testing  Starting September 22, This law allows a certified sworn peace officer “drug recognition” expert to take a saliva sample of person in a vehicle to determine if they have used Marijuana for the purposes of determining their competence to operate a motor vehicle.  It does not matter if the vehicle is parked or moving and gives very wide latitude to a drug recognition expert to arrest and convict a person testing positive for marijuana use.  Laws like these are tailor made for current Law and Order, strict constitutional judges in Michigan’s District, Circuit, and Supreme Courts, to fill the jails with Marijuana users and fatten County budgets on the backs of Medical Marijuana users.  Despite the overwhelming evidence that Marijuana affects you much less than alcohol, legislators in Lansing voted to approve this law lead by ultra conservative Senator Rick Jones (R – Grand Ledge). The only way to address the flaws in this law is to elect  2 new Supreme Court Judges in November  2016 who will rule this law unconstitutional or gather 157,827 valid voter signatures on a referendum petition by November 21st, 2016 to force a vote in 2017  (Our analysis of Public Act 242 – Friends of Cushingberry)


Public Act 281 / House Bill 4209 of 2015 Gives specific definition of the content of medibles (non-smokeable) Marijuana. Also spells out procedures for violations of the provisions of the card. Removes all criminal penalties from the books for the plant. This act allows Marijuana butter, cookies, brownies, teas, etc., and other bills provide computer services and stiff civil fines for violations. On October 1,  2017,  Firefighters and Sheriffs in Michigan will benefit from Marijuana  when 30% of all sale proceeds are earmarked for the Firefighter Presumption of Cancer and First Responder Presumed Coverage Fund.


Public Act 283 / House Bill 4210 will regulate the use of  Non-Smokeable (Medible) Marijuana and spells out exact amounts of cannabis products that should be in a drink, brownie, Vaporizing pen, or other form of the medicine. The list of ingredients are:
  • 16 Ounces of Solid Medible Marijuana (brownies, cakes,  etc.)
  •   7 Grams for using in a vaporizing pen
  • 72 Fluid Ounces of liquid.

Public Act 282 / House Bill 4827 will allow contractors to be eligible for no bid contracts for the software seed to sale tracking program.  This bill will allow a software company to bid on a Marijuana Tracking System because it defines the specifications for the developers to use in designing and implementing the statewide system.  This bill will track the sales of marijuana between patients and the growers who interact with retail sites.

Senate Bill #813 - Sponsored by State Senator Coleman Young Jr(D-Detroit)
(SB813) The Legalization of Recreational Marijuana. This bill will facilitate organizations like MI Legalize (Website www.milegalize.com) to act with a ballot initiative in 2018 to implement the language of this bill. Call your Senator and let them know you want them to support Senate Bill 813

House Bill #5445 - Sponsored by State Rep Leslie Love (D-Detroit).
(HB5445) Will change the Michigan Medical Marijuana Law to prevent citizens groups in Cities and Townships from enacting referendums and petitions to modify local marijuana ordinances.  This bill will be a prototype for every City and Township in the State of Michigan regardless of the feelings of the citizens. If this is signed into law, then all Cities and Townships will have their ordinances null and voided. A citizens rights to address your government and get redress of your grievances will be eliminated. She is hoping to fast-track this legislation with the help of Republicans for a coveted signature from Governor Rick Snyder in the upcoming lame duck session. If you have any concerns or comments on this bill please contact your State Rep and ask them NEVER allow this bill out of committee.

Office Address S-689 House Office Building
Mailing Address
P.O. Box 30014  
Lansing, MI 48909-7514
Phone: (517) 373-0857   
Toll-Free: (855) 568-3010


Interested parties have until December 19th, 2016 to present referendum petitions with 157,827 valid signatures to the Michigan State Board of Canvassers to force Public Acts, 281, 282, and 283 to a vote in 2017 if you feel that  something that is unacceptable. Finally you are strongly encouraged to vote for candidates in the November 2016 general election for Judges and legislators who will work FOR their constituents instead of special interests like for profit prison owners who want to keep their jails full of ‘new clients’ from the urban neighborhoods and farm owners in Michigan.