Michigan legal outdoor grow question

cornnugget

cornnugget

Member
A few months ago when I was planning my outdoor grow, i researched the laws and discussed them with other growers i know.

We all had the understanding, based on how the law was written, that you either have to have your plants under lock and key (all sides and top secured, locking enclosure OR the grow had to be not viewable by the public).

Then last week I had someone disagree with this, saying no matter what, they had to be secured on all sides except the bottom.

I immediately went to look the law up, and I can't find it!

So what say you? Do I need to start panicking about the three plants on my non-publicly-viewable enclosed deck?
 
Herb & Suds

Herb & Suds

Well-Known Member
cornnugget said:
A few months ago when I was planning my outdoor grow, i researched the laws and discussed them with other growers i know.

We all had the understanding, based on how the law was written, that you either have to have your plants under lock and key (all sides and top secured, locking enclosure OR the grow had to be not viewable by the public).

Then last week I had someone disagree with this, saying no matter what, they had to be secured on all sides except the bottom.

I immediately went to look the law up, and I can't find it!

So what say you? Do I need to start panicking about the three plants on my non-publicly-viewable enclosed deck?
Click to expand...
I have grown here for over fifty years
Unless you are a troubled soul, I think you will be fine
They want to catch growers with profits in mind
I had cops in my grow a few times since medical too
 
SuperNutz

SuperNutz

Well-Known Member
From my understanding you have to have it basically fenced in and locked with netting(for some reason) over the top. If your deck is enclosed and locked(some attempt to break in necessary), you should be good but the netting might be needed for whatever reason.
 
Schwagg#12

Schwagg#12

Well-Known Member
cornnugget said:
A few months ago when I was planning my outdoor grow, i researched the laws and discussed them with other growers i know.

We all had the understanding, based on how the law was written, that you either have to have your plants under lock and key (all sides and top secured, locking enclosure OR the grow had to be not viewable by the public).

Then last week I had someone disagree with this, saying no matter what, they had to be secured on all sides except the bottom.

I immediately went to look the law up, and I can't find it!

So what say you? Do I need to start panicking about the three plants on my non-publicly-viewable enclosed deck?
Click to expand...
(d) "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:

That is from the medical, it should be the same for recreational .
http://www.legislature.mi.gov/(S(p23iooioe25td11ft1jlngmk))/mileg.aspx?page=getObject&objectName=mcl-333-26423
 
R

Rayi

Well-Known Member
There is some confusion that rec is different than medical. If you really want to know you can get a cannabis lawyer. Someone on the internet says he does not need a top. A cannabis lawyer in Detroit has said it needs a cover. Most lawyers will have a free 15 minute consultant. But be forwarded they talk slow and in circles so 15 minutes is 1 question.
 
Schwagg#12

Schwagg#12

Well-Known Member
The recreational law
1. This act does not authorize:
(f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;

MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2018 It does not give the definition of enclosed ,locked facility. Therefore you refer to the Medical for the definition of enclosed locked facility.

Enclosed means all sides. The base was eliminated so you can grow in the ground.


rec law http://www.legislature.mi.gov/(S(5ddshn3lqz0usx4wxbqbchtg))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2018
med law http://www.legislature.mi.gov/(S(tbuo5voa24pyejhu1acieqjc))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008
 
R

Rayi

Well-Known Member
They try to keep everyone confused so they can screw people selectively and at will. Can't remember where I saw the interview but the head of State police was asked how to legally grow outside and he said "you can't".
 
codster25

codster25

Well-Known Member
Let her rip if it’s out of view, it’s a new day wether the they like it or not. I live in Canada and certain provinces have that law too but they don’t normally enforce it.
I did read one article that a cop went on a garden tour Burnaby and spotted two plants and had the property and structures raided. This was a one off though. Good luck and it appears you have your answer above.
 
SuperNutz

SuperNutz

Well-Known Member
Schwagg#12 said:
The recreational law
1. This act does not authorize:
(f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;

MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2018 It does not give the definition of enclosed ,locked facility. Therefore you refer to the Medical for the definition of enclosed locked facility.

Enclosed means all sides. The base was eliminated so you can grow in the ground.


rec law http://www.legislature.mi.gov/(S(5ddshn3lqz0usx4wxbqbchtg))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2018
med law http://www.legislature.mi.gov/(S(tbuo5voa24pyejhu1acieqjc))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008
Click to expand...
Where was the part that distinguished purchased possession from grown on premises possession?
 
Schwagg#12

Schwagg#12

Well-Known Member
SuperNutz said:
Where was the part that distinguished purchased possession from grown on premises possession?
Click to expand...
(b) within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;

http://www.legislature.mi.gov/(S(oyfcb1yd2swe1mllgcfklcwq))/mileg.aspx?page=getObject&objectName=mcl-333-27955
 
SuperNutz

SuperNutz

Well-Known Member
Schwagg#12 said:
(b) within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;

http://www.legislature.mi.gov/(S(oyfcb1yd2swe1mllgcfklcwq))/mileg.aspx?page=getObject&objectName=mcl-333-27955
Click to expand...
That's recreational right? What about caregivers possession of plants grown on premises?
 
SuperNutz

SuperNutz

Well-Known Member
Schwagg#12 said:
Not sure with the Medical,I don't keep up with it.
Click to expand...
Ok thanks for the replies about it, I just have a couple of 70 year old holy rollers across the road watching me like a pedo at chucky cheese and when I asked what their deal was they said "does this have something to do with what you have in the back" while recording me on a phone... Frikkin weirdos. Just trying to be as prepared as possible in case of a visit from troopers or something lol.
 
Herb & Suds

Herb & Suds

Well-Known Member
SuperNutz said:
Ok thanks for the replies about it, I just have a couple of 70 year old holy rollers across the road watching me like a pedo at chucky cheese and when I asked what their deal was they said "does this have something to do with what you have in the back" while recording me on a phone... Frikkin weirdos. Just trying to be as prepared as possible in case of a visit from troopers or something lol.
Click to expand...
Amish Mafia?:bigjoint:
 
Chip Green

Chip Green

Well-Known Member
SuperNutz said:
That's recreational right? What about caregivers possession of plants grown on premises?
Click to expand...
In the MMMA laws, there is a limit on useable marijuana, but it gets fuzzy on description, because of the uninterrupted supply language.
It also can get murky, with the recreational statute in effect, because who determines if it is a recreational supply, or a medical supply?
Lots of grey area.
 
Chip Green

Chip Green

Well-Known Member
SuperNutz said:
Just trying to be as prepared as possible in case of a visit from troopers or something lol
Click to expand...
Unless they have a warrant, do not talk to them. Period. Refusal to speak to the police is not a crime, nor does it constitute probable cause for search.
Outside of MMMFLA licenced grow facilities, law enforcement has no authority to "inspect" a garden, unless you consent to the search, which nobody should EVER do.
If they show up, do not let them talk you into consenting a search. By the letter of the law, as a caregiver, only you have access to the gardens. Technically allowing an inspection, is a violation in itself, in my opinion.
I am not licensed to practice law in the state of MI.
 
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