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Is A Business Considered "public Domain"?


Timmahh
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Ok, I have seen a thread that lightly touched on the topic of what is considered "Public Domain". I believe this is a hot point topic that needs to be disected and looked at in detail.

 

Now I have a few thoughts in the back of my head, and to see which is more correct, Id like to disect and discuss the Public Domain topic for a bit, but in detail. So with that said, lets start here:

taken from the Mi.Gov LARA/MMMA part of the website.

 

DEPARTMENT OF COMMUNITY HEALTH

 

DIRECTOR'S OFFICE

 

MICHIGAN MEDICAL MARIHUANA

 

 

(By authority conferred on the director of the department of community health

by section 5 of initiated law 1 of 2008, MCL 333.26421 and executive

reorganization order numbers 1996-1, 1996-2 and 2003-1, MCL 330.3101, MCL

445.2001 and MCL 445.2011)

 

 

R 333.101 Definitions.

 

(16) "Public place" means a place open to the public.

 

 

Taken from the FAQ area of the Mi.Gov site:

 

Question: Where can I consume medical marihuana?

Answer: Presuming you are registered with the state patient registry and carrying your registry identification card, you may consume medical marihuana on your property or elsewhere. However, the law does not permit any person to do any of the following:

(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.

(2) Possess marihuana, or otherwise engage in the medical use of marihuana:

(a) in a school bus;

(b) on the grounds of any preschool or primary or secondary school; or

© in any correctional facility.

(3) Smoke marihuana:

(a) on any form of public transportation; or

(b) in any public place.

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana

 

 

Now, this is pretty black and white.

But where does a general business fall into the public domain eye?

 

ie, If I am inside Lowes, or Ace, Or Kmart shopping, am I indeed in Public Domain?

 

 

This is a good starting point I feel for this discussion.

So, where does Public Domain begin, and Private Domain Stop?

 

 

To give one direction of thought,

 

If im in Kmart, and have a Medistick (marihuana cigarette) in my cigarette case, is that Medistick in my Pvt Domain (on my persons in an enclosed case), or Public Domain (because I myself, am inside Kmart, or even walking down the sidewalk)?

Edited by Timmahh
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Hmm,

 

the problem is, MPP did not do a very good job with the definitions section of our law.

 

Public place is defined about 16 different ways in Michigan law. It simply depends which law and how they decided to define it within.

 

Huge fail on MPP's part.

 

If it is in your cigarrette case it doesnt matter. You can only not smoke it in a public place.

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sure, but what is Considered Public domain? if im on a sidewalk outside any courthouse, usa, though i am in public, are the items on my persons also "in public"? regardless of being in view.

 

 

lets look at a gun as one example, though on the extreme as it does have its own set of rules (much like we pts/cgs do with MMJ).

 

if you CAN NOT SEE a weapon, yet have one, it is considered a Conseled weapon. but if it is in plain view, in a holster on your hip, this it is no longer conceled. but yet you are in public, so is your gun considered in public, regardless of being in a holster on your hip, or under your sport jacket conseled. Its your personal gun, but your in public, thus is the gun considered in public, or private?

 

now carry this over to say an Ipod. which does not have its own set of rules persay.

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  • 3 weeks later...

Public domain refers to intellectual property or copyrights that have ran their course or have expired. Assuming you mean a public place, that is an area that is open for use by the public. The can be government own areas as well as private property such as a mall.

 

In the statement you quoted from Q&A, public transportation can be something public like the local bus line, or private like Greyhound. Like I said, I public place can be government own areas as well as private property such as a mall.

 

I private place would be the place you own or have control off, and one that is not open to the public. It would be assumed that your front pouch is open to the public, because you invite people to your porch to delivery mail, bring newspapers, and knock on your door. If you were to place a “No Trespass” sign on your porch, you are closing it off from the public.

 

Now, while you car is your private, paid for property; while in use, it is on a road open to the public. If you smoke while driving down the road, you are consuming in a public place. If you are in the car, in your yard, behind the gate; you are on private property.

 

I have heard of people being ticketed for drinking while sitting in the car, in the driveway. I guess to be safe, make sure the car is back beyond the front door. Also, be careful if the police pull up while you are drinking or smoking in the car. If they call for you to come to them, leave whatever in the car. Once you get to them, you will be on public property.

 

As for your gun example: MCL 750.227 allows you to carry a pistol concealed or not if you are in your own home or on your own property. If you do not own the land, no license is needed to carry a pistol as long as it is exposed. However, should a person cover the pistol during inclement weather with a jacket or coat or get into a vehicle, the pistol would be concealed and the carrier would place himself in jeopardy unless he possessed a concealed pistol permit. Per Attorney General's opinion #3158 dated February 14, 1945, a holster, in plain view, is not considered concealed. Department of Natural Resources regulations require a person to have a valid Michigan hunting license if in an area inhabited by wildlife, while in possession of a firearm.

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=Here is something from a local ordinence.PUBLIC PEACE, SAFETY AND MORALS

(F) "PUBLIC PLACE" shall be defined as:

(1) All out-of-doors land and areas open to the general public including public streets

and alleys; and

(2) All buildings, rooms, theaters, athletic grounds, bars, dance halls and lounges open

to the public whether or not entrance is gained by the payment of an admission

charge.

EFFECTIVE DATE: MARCH 2, 1994

Edited by LITLJON
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A public place is "open to the public" so if you have to join a club to get in, then it is no longer public.

 

Even taking LilJohns definition, is it open to the public? Like can anyone walk onto it and not be trespassing? If so it is public. Comparing to concealed weapons is like comparing apples to oranges. Now that's the legal definition, but...

 

My advice would be, can a cop see you doing it if they are where they should be, in a car, on the street, standing at your front door? If yes, then it is public.

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It will be determined by the CoA or the Supreme court since MPP failed to define it properly in the Act.

 

There are near endless examples of "public place" defined throughout thehealth code and they are all different.

 

Thrown em in a hat and pick one.

 

Or... go read all of them including researching the definition in Law dictionaries and any other form of literature that covers the topic.

 

You can deduce a safe area to reside in if you interpret it conservatively until at which time the courts tell us what definition they are willing to accept.

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