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Outside Grows


lilbuddy
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Dear Mr. Komoron,

I was very happy to see the Town Hall done back in April!!! Very well done. A lot of good information! Everyone shoud watch it. This is the million dollar question for the day. My buddy has gone to Herculean lenghts to prepare for our summer grow. He has constructed a pole barn out of steel walls 12' high. It sits on a cement slab. it has very heavy wire mesh on top (you cant bend it open, and the spaces between rows of wire are too small to reach your hand in. Concealed on the top is razor wire. Steel door with standard lock, deadbolt, and regular padlock hasp with master lock. Alarm system that calls his phone if motion or entry is detected, video cameras that feed to an on site recorder as well as a wifi broadcast to a VCR to an undisclosed location if the LEO's or other unfriendlies come. As well, the 80' of leftover fenceing was buried on the four outside walls perimeter about a foot down to deter any diggers trying to enter the facility. If they get past the wire under the ground (which would require a construction tool to cut through) they will be faced with a 10" concrete floor to knock through. If they go topside the will encounter a snare of razor wire, and if they get in from the top the alarm goes off and they can't get out from the door as he bought a dead bolt that you have to have a key from both sides to open!!!!!

He took photos all during the construction phase to show the lengths he was going to in case he needed to CYA!

During town hall I referred to, I think you or Matt made a statement that our summer grow season is upon us, and that this would be a good time for our illustrious A.G. to specify what exactly alocked secure facility is???? I know the councilperson that was sitting next to the Senator from Michigan would just about sh*t if he saw how many seconds it would take a layperson to take the construction tool I refered to above and cut out a window to gain access to his house. Maybe this would be a good exhibit for court. Have a small well constructed wall, or a steel wall and use the tool I am referring to and cut out a window or cut through the steel and show a judge and jury that any locked home, or secured facility is easily and rapidly penetrable.

My question is, do you think my buddies facility more closely fits the locked enclosed facility language in the law? He has five patients but is only growing thirteen plants. He felt this would be easier for Leo's to count, and not miscount to 99, exceeding the Federal Law!

Thank you in advance for your reply,

lilbuddy

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You will find that what is acceptable as an outdoor grow will vary from one area to the next.

 

Some areas view ANY outdoor grow as illegal.

 

Other areas have let outdoor grows go with just a four foot fence and no roof.

 

In most areas, it has become acceptable to grow outdoors if the area has a wire roof over it. And a door that locks, of course.

 

What county does this grow exist in?

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Not sure your demo of how easy it is to break into people's homes are going to help private grows. They will only think some Big Pharm needs to grow marijuana not us. Just show the pictures of your build, the idea you want to impress is that you took effort to secure your grow.

 

As far as outdoor grows, you did secure and enclose your grow - top, sides and bottom. I suppose you marked it with restricted area signs and your MDCH # too? The top of your outdoor facility can use the opague plastic on the top, you don't need direct sunlight, and you should protect the plants from rain, dust and too much UV. Other growers who got arrested, did not have a top on the enclosure, did not secure it to the ground, and did not sheild it from view of neighbors (they don't need to see your meds)

 

All grows will be 'inspected' by LEO by the normal routes - neighbor complains of smell, stealing eletrcity, building structures without permit, etc. If you did everything right - no one should know right?

 

Like PB said, check your city/county council for memoriams and ordinances, some may have already restricted outdoor grows or just added rules. Ignorance is not a protection of the law.

 

-DN

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  • 2 weeks later...

Your buddy's grow passes as legal except in those few jurisdictions where judges in their decisions in the matter have specified six solid planes. In that case the close woven wire roof would not pass muster, and DN's suggesion that certain solid surfaces still emit 85-90% of sunlight is worth considering. Filon panels such as Lowe's sells are 24" x8' or 10' or 12' at $22 to $28 per corrugated surface, and painted with a thin layer of grey expoxy, the roof appears to be galvanized corrugated metal, not light emitting fiberglass. So echoeing someone else on this thread,have the district judges where this artfully constructed outdoor grow resides actually made a decicision on point? If not, for his own security buddy must go one step further and place solid filon panels over the woven wire currently serving as the top plane.

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  • 1 month later...

Just have the man show you in the law it says anything of a roof. Other than that the same people that want a roof don't want you to have a Marijuana law either so you going to knuckle under to that too just cause they say so.Just cause LEO says so don't mean its so. Let them prove it in court then. Not there call any way this is a matter of the MDCH and not the State Police.

 

OOO bye the way drive by Kinross State Prison . Send us a picture of the roof on the fenced in enclosure they use to keep prisoners inside

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"Concealed on the top is razor wire."

 

I can see the headlines now.... Thief sues medical marijuana grower for loss of fingers and wins!

 

Unfortunately this is true. Concealed razor wire? Very, very bad idea. You could even be charged with criminal negligence in my opinion. How is this different than any other concealed booby trap? Just put up a prominent sign to protect your liability.

 

On the balance of the post, I do believe that "locked enclosed facility" does not mean vertically enclosed. The idea is it has to be as secure as a locked closet grow. That doesn't mean explosive booby traps but it CERTAINLY means a MUCH HIGHER level of security for your outdoor grow than for a concealed, well hidden indoor grow. Anyone who flies over can see. Anyone who pulls up a google world pic can see. The whole concept creates security problems from the beginning.

 

I think what he describes is perfectly legal and valid. But I am NOT giving legal advice here. This is still all just a test case. You can, and probably would in many counties be raided on these facts.

 

And really- not legal advice, just my opinion.

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