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Growing Outside?


banjo

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THE WAY I UNDER STAND IT IT AN INDOOR LOCKED FACILTY 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.

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so a green house out side with clouded windows that locks (so it cant be seen by the public eye) you might get away with but i consult an attrny before any rash actions are taken many have opinians and so does a judge

 

Exactly. If memory serves correctly, did not a member here get raided for growing outdoors in a kennel? In public view being the rationale for the raid?

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Exactly. If memory serves correctly, did not a member here get raided for growing outdoors in a kennel? In public view being the rationale for the raid?

There have been a couple on here and a few more that dont post. Out side is touchy. I would ask the PA to come out and inspect the area first before I planted the first seed. And get it in writing and video recorded.IMHO

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Guest Wayne

Larry (Kingpinn) King was growing outside in a locked enclosure in Shiawassee county, within all legal limits. The judge ruled he was legal in doing so. Still awaiting appeal. No precedence to date.

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What is unclear about ENCLOSED, LOCKED FACILITY?

 

Well, a couple of things actually. I think the greenhouse idea works.

 

However, what about a prefab shed from Home Depot with a large hole in the roof? Is partially enclosed "enclosed"?

 

A judge actually ruled that growing outdoors in plain public view was legal? I find this difficult to believe though nothing would surprise me.

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  • 2 months later...

the law reads as follows: kept in an ENCLOSED LOCKED FACILITY. says nothing about ( out of site out of mind) this is open to all sorts of interpritations though. but for real,the law as written, says nothing about in or out door grows.

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Greg Francisco

 

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04-December 08 Posted 24 December 2008 - 03:51 PM

 

Many of us would like to know if an 8' tall privacy fence w/ a locked gate would pass legal muster as a locked, enclosed facility. The law is silent and DCH is not going to try to define it further. They've decided it's best to leave it to the courts to decide. Which I'm sure they will, in just a few more months. Look up the etymology of "enclosure." A fenced in area, often a garden, and generally contiguous to a house or barn. So growing inside a fenced area, screened from public view would seem to meet the letter of the law to me. But I'm not going to test it, someone else will soon enough.A green house btw is not outdoors and absolutely would meet the criteria of a locked, enclosed facility.

 

Greg Francisco, M.A.

Founder

Michigan Medical Marijuana Association

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Greg Francisco

 

Founder

 

Group:

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1 Joined:

04-December 08 Posted 24 December 2008 - 03:51 PM

 

Many of us would like to know if an 8' tall privacy fence w/ a locked gate would pass legal muster as a locked, enclosed facility. The law is silent and DCH is not going to try to define it further. They've decided it's best to leave it to the courts to decide. Which I'm sure they will, in just a few more months. Look up the etymology of "enclosure." A fenced in area, often a garden, and generally contiguous to a house or barn. So growing inside a fenced area, screened from public view would seem to meet the letter of the law to me. But I'm not going to test it, someone else will soon enough.A green house btw is not outdoors and absolutely would meet the criteria of a locked, enclosed facility.

 

Greg Francisco, M.A.

Founder

Michigan Medical Marijuana Association

I wasn't sure how to post this from the archives but I go with what Greg said.

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