CA: Sterling Heights Starts Crack Down On Medical-Marijuana Growers

Katelyn Baker

Well-Known Member
Sterling Heights officials say they are starting "an aggressive crackdown" on what they claim are illegal medical-marijuana grow operations that are a nuisance to their neighbors.

The city recently filed a lawsuit in Macomb County Circuit Court against a city resident whom they say creates a nuisance with his grow operation and Thursday will announce "an aggressive crackdown on nuisance marijuana grow operations in Sterling Heights," according to a new release issued Friday.

"The city has received a dramatic increase in complaints from property owners living adjacent to or in close proximity to residences cultivating large volumes of medical marijuana," the city says in the release.

The City Council in July authorized the city attorney to file lawsuits "to abate these nuisances" and a few weeks ago filed its first lawsuit, the city says.

In addition to legal action, "plans for aggressive and zero-tolerance crackdown on nuisance grow operations" in the city will be revealed at the Thursday press conference, the release says.

City Attorney Marc Kaszubski there is an influx of growers in the city, some of whom have purchased or rented home for the apparent sole purpose of growing marijuana. Some of the growers are failing to control the effects of their operation on neighbors.

"Although the (medical marijuana) law allows them to do it, they have to do it in such as way to preserve their neighbors' ability to enjoy their property," he said.

Sterling Heights police have shut down grow operations that have exceeded the state-mandated grow limits, Kaszubski said.

Kaszubski said he plans to file several other legal actions against growers.

In the first lawsuit filed Oct. 13 in circuit court, resident Nasser Michael Hanna is accused of failing to register as a medical-grown operation, as required by ordinance, and the city seeks an abatement of the nuisance.

Neighbors of Hanna in the 3500 block of Leason Road complained seven times from April through September about "the odor of strong marijuana traveling across property lines and grow lights shining from the property at all hours of the night," the lawsuit says.

Neighbors said that on June 21 and 22 they lost power due to Hanna's "excessive use of electricity from four air conditioners, fans and grow lights being run on the property at all times of the day and night," the lawsuit says.

Hanna, whose residence is near Ryan Road and Metropolitan Parkway, has been cited 11 times for failing to register his alleged grow operation.

The lawsuit says Hanna is a state-registered medical-marijuana caregiver that allows him to provide marijuana to five with a medical marijuana user card. He can grow up 72 plants if he provides for himself and five users.

Medical marijuana issues have arisen in some Macomb County communities since the state referendum to approve it was passed in 2008. The city of Warren recently tweaked its medical marijuana ordinance.

The Michigan House of Representatives recently approved legislation to expand and further regulate the state's medical marijuana program, concurring with the Senate on a three-bill package that has been sent to the governor for his signature. The legislation covers substances besides smoked marijuana, lays out licensing procedures for provisioning centers, and makes other changes.

In the Sterling Heights lawsuit, the city asked Judge James Biernat Jr. to schedule a show-cause hearing for Hanna to show why the judge should not declare the property a nuisance and in violation of the ordinance, and require him to correct the nuisances.

RobertF_Bukaty.PNG


News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Sterling Heights Starts Crack Down On Medical-Marijuana Growers
Author: Jameson Cook
Contact: 248-332-8181
Photo Credit: Robert F. Bukaty
Website: Oakland Press
 
Back
Top Bottom