As a grower in Michigan where can I find a clear list of all the laws for growers

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computergroove

Active Member
I need to find a list of up to date laws regarding what I need to be a grower in Michigan. I read that I need to have each patients plants separated (12 in each locked facility). I also heard that I need a sign on the door of my grow room. If a officer of the law comes to my house and has a warrant (because there is no other way they are getting in) is there a checklist of all the things I need to have so I can be properly prepared? Thanks
 
kinddiesel

kinddiesel

Well-Known Member
read all that who fucking knows. my advice is to put the first and last name on a plant marker . who would ever know the difference ? the way every one does it they share all the plants. so the patients have a steady time to get there meds all year. if we had to do it there way patient would only have 4 times a year to purchase meds.
 
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computergroove

Active Member
Public Act 512 found here: http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0512.pdf gives the following definitions as far as I can extract them. You would be wise to have a copy of this at your grow location in the event of a police visit.

Definitions Section D

1. Marijuana must be grown in an Enclosed locked facility. “Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:(1) The vehicle is being used temporarily to transport living marihuana plants from 1 location to another with the intent to permanently retain those plants at the second location.

(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marihuana plants belong or the individual designated through the departmental registration process as the

primary caregiver for the registered qualifying patient.

Protections for the Medical Use of Marihuana.

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil

penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana

that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in

an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the

qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.


Sec. 4. (b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty

or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department’s registration process with the medical use of marihuana

in accordance with this act. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card

that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses an amount of marihuana that does not exceed:

(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department’s registration process; and

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility; and

(3) any incidental amount of seeds, stalks, and unusable roots.

(c) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and

substantiated.

(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

(1) is in possession of a registry identification card; and

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act.


Unofficial Michigan Medical Marijuana Checklist from what I have read:

Indoor Growing
1. There needs to be some form of separation from the grow rooms where only the caregiver and patient can gain access to the plants. A patient can only have access/ be in the same room as his/her designated plants. The patient cannot be in the presence of plants that have not been designated as theirs. This is normally done in the form of a door lock with a key unique to that room. You can use the same key / lock for multiple grow rooms if you are the caregiver and you will be the only one entering those rooms.

Outdoor Growing
1. Outdoor growing is legal in the state of Michigan but it is not legal on the federal level. Plants grown outdoors can be easily identified by Federal air patrols. You will not be protected by the Michigan law in federal court. You can grow up to 72 plants outside if you have a fence around the outside of the plants and the entrance is locked up. There needs to be a provable defense that a person could not just climb over the fence and gain access to the plants so in the event of a chain link fence situation there will need to be chain link put up as a ceiling to the grow area or even some barbed wire in the top of the fence or around the fence and possibly even no trespassing signs would be a good idea.

Everything else
1. You can only have 12 plants per patient and you can have up to 5 patients and you yourself can be a patient giving you the potential to have up to 72 plants with ANY roots at a time. You can have up to 2.5 oz per patient giving you the legal ability to have 15 oz of dried marijuana / marijuana leaves at a time in the house or on your person. If there is a patient or patients living in the house then you can have your 2.5 oz per patient and the patient can also have 2.5 oz on them. Authors note: I got arrested and got charged with a misdemeanor for having left over hash leaves after extraction. The police confiscated it and it weighed 20 oz. Please don't be lazy like I was and leave this stuff out.
2. There is no limit to the amount of wet / un-dried marijuana you have growing on the plants or drying. The definition the law used is "usable marihuana". One can surmise that the term usuable means dried buds but the narcotics detectives and the judge prosecuted me with left over crap dried leaves. Also I imagine that they could make a case that semi dry marijuana is usable even though no one uses wet marijuana to smoke. Curing in jars is probably not a good defense because it is not fully prepared the way you intended. Curing bud is still usable bud. They will also collect and count all the dead leaves on the floor of your grow room. Keep it clean. They can also take the dead leaves in the trash you threw away as part of your normal care of your plants. Throw that shit away often.
3. You can have a firearm in the grow house if you are otherwise legally allowed to have one. The feds want to find a gun in the same house as a grow however because they can make certain types of charges that would not otherwise be available to prosecute you with. The police may try to use this against you as well.
4. You cannot have 2 caregivers growing in one house. Having a duplex would legally allow for 2 separate grows. Make one person the caregiver and allow that person to grow for both parties to be protected by the law.

Un-validated information that I have heard but is nowhere to be found at the official government LARA website for Medical Marijuana:

1. "You must grow your patients marijuana in your primary residence." There is no mention of this at all.
2. "You must have a sign on the door of your grow rooms stating that there is medical marijuana in the room behind the door." I have heard this from everyone but it is not mentioned in the official state documents.
3. "The police are allowed to do a check of your room to make sure there are the right amount of plants in your grow." If you let the police in then you are an idiot.
4. "Every patients 12 plants need to be locked in their own room, separate from other plants". The only thing I have heard about this being true is if the patient is going to be in the room with the plants. A patient can only be around their plants, not anyone else's. If you plan on having the patient be in your grow room then separate their plants from the rest to stay within the bounds of the law.


Im still doing a bunch of research so I will add to the list as I learn more.
 
C

computergroove

Active Member
Unofficial Michigan Medical Marijuana Checklist from what I have read:

Indoor Growing
1. There needs to be some form of separation from the grow rooms where only the caregiver and patient can gain access to the plants. A patient can only have access/ be in the same room as his/her designated plants. The patient cannot be in the presence of plants that have not been designated as theirs. This is normally done in the form of a door lock with a key unique to that room. You can use the same key / lock for multiple grow rooms if you are the caregiver and you will be the only one entering those rooms.

Outdoor Growing
1. Outdoor growing is legal in the state of Michigan but it is not legal on the federal level. Plants grown outdoors can be easily identified by Federal air patrols. You will not be protected by the Michigan law in federal court. You can grow up to 72 plants outside if you have a fence around the outside of the plants and the entrance is locked up. There needs to be a provable defense that a person could not just climb over the fence and gain access to the plants so in the event of a chain link fence situation there will need to be chain link put up as a ceiling to the grow area or even some barbed wire in the top of the fence or around the fence and possibly even no trespassing signs would be a good idea. You cannot have a grow outdoors where anyone at ground level can see them nor can they be seen from any structure around the grow.

Everything else
1. You can only have 12 plants per patient and you can have up to 5 patients and you yourself can be a patient giving you the potential to have up to 72 plants with ANY roots at a time. You can have up to 2.5 oz per patient giving you the legal ability to have 15 oz of dried marijuana / marijuana leaves at a time in the house or on your person. If there is a patient or patients living in the house then you can have your 2.5 oz per patient and the patient can also have 2.5 oz on them. Authors note: I got arrested and got charged with a misdemeanor for having left over hash leaves after extraction. The police confiscated it and it weighed 20 oz. Please don't be lazy like I was and leave this stuff out.
2. There is no limit to the amount of wet / un-dried marijuana you have growing on the plants or drying. The definition the law used is "usable marihuana". One can surmise that the term usuable means dried buds but the narcotics detectives and the judge prosecuted me with left over crap dried leaves. Also I imagine that they could make a case that semi dry marijuana is usable even though no one uses wet marijuana to smoke. Curing in jars is probably not a good defense because it is not fully prepared the way you intended. Curing bud is still usable bud. They will also collect and count all the dead leaves on the floor of your grow room. Keep it clean. They can also take the dead leaves in the trash you threw away as part of your normal care of your plants. Throw that shit away often.
3. You can have a firearm in the grow house if you are otherwise legally allowed to have one. The feds want to find a gun in the same house as a grow however because they can make certain types of charges that would not otherwise be available to prosecute you with. The police may try to use this against you as well.
4. You cannot have 2 caregivers growing in one house. Having a duplex would legally allow for 2 separate grows. Make one person the caregiver and allow that person to grow for both parties to be protected by the law.
5. You need to have your card in hand to be protected from arrest for growing - not just your paperwork. If you submitted your paperwork 21 days ago and you have not received your card yet then you can legally grow but can still be arrested but it will be thrown out immediately when you see a judge in most cases.

Please post anything that I have not covered
 
Huel Perkins

Huel Perkins

Well-Known Member
That's a good sign, i have a couple of them very similar that i had laminated and posted to my room doors.

With that said, there is no law saying you need a sign like that posted.
 
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