"Government will not appeal the Allard medical pot ruling" Philpott

By laws for everything. But I don't think legal for them to stop a small med grow in a house for personal use. Could be tomatoes. Reduce noise, a larger fan at lower speed. Reduce odour with a charcoal filter. Up to code instalation. I guess by law can get you for those. Even too large with tomatoes, they say agriculture, not zoned.

When I grow pot, a very strong scent, almost 24/7. The house next door in the burbs with the 2nd storey window open. They gonna complain. So, like restaurants need grease filters, we use charcoal?

I remember mississauga,ON made headlines with licensing fees to the city for grows, this was when MMPR came out and i guess they been approached a lot. I don't believe home grows counted but I'm not sure. I wouldn't be surprised to see this happen on a bigger scale.

Tektek said:

By laws for everything. But I don't think legal for them to stop a small med grow in a house for personal use. Could be tomatoes. Reduce noise, a larger fan at lower speed. Reduce odour with a charcoal filter. Up to code instalation. I guess by law can get you for those. Even too large with tomatoes, they say agriculture, not zoned.

When I grow pot, a very strong scent, almost 24/7. The house next door in the burbs with the 2nd storey window open. They gonna complain. So, like restaurants need grease filters, we use charcoal?

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I think you're right...it will only affect large scale grows. No one can tell me the smell of my garden is somehow more offensive than flowers growing next door. There is no health or safety risk, therefore none of their business. There is a weed, called 'skunkweed' that grows in swampy areas of the Island. It has an odour somewhat similar to cannabis yet there are no calls to eradicate that. Same with fan noise. People have pumps going on pools and hot tubs 24/7 that produce similar noise and they haven't banned them. The smell of a diesel truck makes me want to vomit in the morning...I don't think I can force my neighbor to get rid of his truck. It's time for society to leave the cannabis user alone...we have been legitimized, we no longer have to hide and I will not be forced to modify my life to please anyone.

yes yes yes ...live and let live... we can all get along....well almost everyone...

There needs to be a distinction between personal med grows and people selling out of their houses. They are not the same and shouldn't follow the same bylaws.

Itsme.

CannaReview said:

Surrey already passed by laws that you can only have med grows on ALR land.

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Yep, not surprising since Surrey is scummy in general and where Len Garis / Dianne Watts inflict their misery on the rest of the world from.

That's the next step to this mess, assuming the liberals actually pass sensible regulations. Every NIMBY city councillor will wring their hands in council about all the terrible drug dealers who now get to grow legally and how they will kidnap children and force them to breathe in mold spores etc.

Get ready for more fun!

JungleStrikeGuy said:

Yep, not surprising since Surrey is scummy in general and where Len Garis / Dianne Watts inflict their misery on the rest of the world from.

That's the next step to this mess, assuming the liberals actually pass sensible regulations. Every NIMBY city councillor will wring their hands in council about all the terrible drug dealers who now get to grow legally and how they will kidnap children and force them to breathe in mold spores etc.

Get ready for more fun!

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Oh, I'm sure there are going to be attempts by municipal governments to restrict grows, every town has their own collection of assholes on council. Fortunately, our charter rights must be upheld by ALL levels of government. They would need to justify banning cannabis...the feds just tried that and lost. Most municipalities do not have the financial means or taxpayer support to fight a charter challenge. A more likely scenario is inspections by municipal officials to try to bust you on a code violation. This was tried in several BC towns...not sure how it ended up. I would fight that too, as it is an invasion of privacy. It wouldn't hurt to let your mayor know that you expect council to follow HC with allowing home grows and that you will not hesitate to ensure your rights are upheld. There are going to be hiccups, but in the end it'll work out.

JungleStrikeGuy said:

Yep, not surprising since Surrey is scummy in general and where Len Garis / Dianne Watts inflict their misery on the rest of the world from.

That's the next step to this mess, assuming the liberals actually pass sensible regulations. Every NIMBY city councillor will wring their hands in council about all the terrible drug dealers who now get to grow legally and how they will kidnap children and force them to breathe in mold spores etc.

Get ready for more fun!

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Len garis should be too embarrassed to show his biased face in public after that shit show he put on in court and having the judge mention him in the decision.

His word is now mud and everyone that knows him or his family should remind him of his incompetence daily.
Or shit on his porch daily which ever is easier

A simple insurance inspection should alleviate any concerns municipalities have over code violations, public safety risks...etc. That's gonna be the rub. IMO....you're gonna have to have proper MMJ insurance coverage if you wanna grow at home....there are only gonna be a couple companies (Lloyds syndicates) that will cover the so-called MMJ "risk", and it'll cost about 25% more than a standard policy.

Hopefully that will change when Rec comes along and the standard insurance companies jump on board for their cash-cow opportunity.

CannaReview said: ↑
Surrey already passed by laws that you can only have med grows on ALR land.

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No, some muni's (Delta, Langley Township, Abbotsford and Kelowna) tried to prevent it from being on ALR land. The Province said you can't do that: http://www.surreyleader.com/business/303120541.html

No cities have passed such a law. Surrey didn't even try to.

But more importantly, that was in relation to commercial operators (LPees). Not personal grows.

VIANARCHRIS said:

And your point is...? An explanation of reasons for judgement doesn't change the ruling that banning home grows is 'overbroad' and violates section 7. The government needs to justify to the court why home grows pose a substantial risk to public safety and they failed, therefore such restrictions are unconstitutional. It can't be much clearer. Nobody is coming for our gardens...ever again.

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My point is your previous claim lacks context. if you think the current gardens will be perpetually grandfathered in you obviously didn't actually read the full ruling. At best, they will set up new rules allowing people to register. It DOES NOT order a grandfathering of the existing MMAR. In fact, it specifically doesn't tell the government what to do, which is why they will do as little as they deem possible.

But whatever, you're a government apologist, so you'll never see through the fog of war.

JungleStrikeGuy said:

Some words from the man Tousaw himself on Facebook:

'
Let's also remember that Justice Phelan said strain diversity was very important to access. And that producing for yourself was itself therapeutic.

Put another way: if the response to Allard does not include robust personal possession rights then this government is no better than Harper's and we will be suing again. And again. And again.'

I'm glad to see he's still committed to taking the bad guys down (sure he meant production instead of posession). As Princess Leia says, it's not over yet.

Dizzy, that's a good find, in essence what it means is that those 2 issues aren't the central tenets of the case, but contributing factors. Regardless, the findings mean the government would have to find some other line of reasoning than the public safety / etc to justify a blanket ban since they were proven to be less than truthful about the actual evidence, and I don't see any other reason why they would be able to justify banning home grows.

But they can definitely still screw us around, so we'll see what happens in August. I'm not getting my hopes up.

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Excellent comment, Jungle strike. You clearly understand the law. That's refreshing in this place.

I fully agree. The government will have to come up with a new excuse, but Phelan gives them the room to do so.

Tell me, when is the constitutional challenge against LP's not being able to sell shatter? If Allard is enough to rule no limits on production, then smith should have meant no limits on what LP's sell. And yet... Get it? Please tell em you do.

TheDizzyBizzy said:

But whatever, you're a government apologist, so you'll never see through the fog of war.

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I don't apologize for anyone, nor do I condemn without reason.
Why don't you re-read my post and tell me where I mentioned 'grandfathered' or suggested we wouldn't have to register. I said no one was coming for my garden. One will need to follow certain (reasonable) but as yet unknown rules. Phelan also instructed those currently allowed to grow to continue doing so. As long as I meet whatever criteria they come up with, I keep growing.
It might be foggy where you are, but things are crystal clear here.

NIMBY's in council will for sure try and get unreasonable ordinances passed. Do they care about the Charter? Do they even know about the Charter?

Case in point, there's a town in Alberta that's passed a no swearing ordnance I think (basically the plot to Footloose). Currently under a Charter challenge I do believe. You are seriously deluding yourself if you think the likes of Garis or Watts give a shit about the Charter. It takes years for a single Charter violation to be resolved.

Even the 'progressive' mayor Nenshi of Calgary wanted to go after MMAR grows (this guy is great at fabricating his public image). So even without the feds screwing this up (80% chance they will), the municipalities will give it their best shot too. So, Tousaw and others are going to be living the high life (lol see what I did there) for the next 10-15 years as these issues will for sure be going back to court again and again.

I'll add to that a bit in saying that things will get better for the average person. If you don't grow, once legal you're not paying a fine, getting a criminal record or going to jail. Foreseeably we will also have storefronts. So you don't have to pay ridiculous prices for some LP schwag only to find out once you open the box it's no better than shake.

The LPC has a long, long way to go in establishing credibility, especially after what happened in the early years of the MMAR. So I mean, agree with me or not, but don't be surprised that some or most of us don't trust them any further than we could throw Mike Duffy.

Reading this thread gave me a headache.

The government should really just fuck right the hell off.

OGEvilgenius said:

Reading this thread gave me a headache.

The government should really just fuck right the hell off.

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Well we all know that Isn,t going to happen. We just have to be clear that we will not allow our rights to be violated by anyone. Despite what some posters have said on this thread' I don't, see any indication provinces or municipalities will move to ban grows or risk an expensive court fight. Cities are licensing dispensaries who are supplied by home grows. Just like the naysayers before the Allard decision, the worry is without merit. Until someone puts an unreasonable barrier to me being able to grow, I am celebrating a win, I'll let the drama queens worry about the what-ifs.

The wars not over !!!

It is good to throw ideas out - some sound plausible others not so much. Our enemies are doing the same thing around water coolers, in board rooms, and over easter dinner.
We need to be aware of what possible routes they may take to try to harm us. There will be different approaches across the country from every angle - Federal / provincial / municipal / your neighbor / and lets not forget the children. By being aware of these ever changing battle fronts and guerilla tactics we as a community can be better prepared to meet them head on.
The cards are stacked against us all... none of us believes any different unless they drank some conservative cool aid and immediately stuck their head in a bucket of sand for safe keeping.
The LPs, drug companies, and all the others who believe you owe them a living will be lined up to destroy what has been accomplished so far. They will do what ever they have to - lying to a Supreme Court Judge, creating problems where none exist - what ever is needed. Many of their jobs depends on our failure to win this war.

The tied is changing slowly. We are making some headway- but there is along battle ahead still. We have had some great recent victories.

There are still a bunch of other court actions put forth by individuals but we're in a holding pattern until the phelan decision. Does anyone know anything about any of them and if so what they are fighting for?

buckets said:

There are still a bunch of other court actions put forth by individuals but we're in a holding pattern until the phelan decision. Does anyone know anything about any of them and if so what they are fighting for?

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Are you referring to gold stars waiting? Which other court cases as I'm not up to date on most court stuff but I try lol