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The Law Does Not Require A Grow Room To Be Locked.


peanutbutter

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The grow that occured near port huron was in a residental area. It has the wooden privacy fence, and then insde the chainlink cage (top, sides, and secured to ground). When the 24 plants grew about 16 feet tall, someone called the police. They checked cards, and they called the PA. They agreed, since it was enclosed on the top, they were very happy - their words.

 

Why wouldn't you want to lock up your grow...especially outside. I mean, where I live...if we leave the lawnmower out over night it gets stolen. As well as our trash cans. And, just about anything else. If I decided to grow outside, in my neighborhood, not even a chain link enclosure would stop people from thieving. I would need prison grade fencing with razor wire, security cams, flood lights, and a patrolling armed guard. :) Growing outside without a closed top would be incredibly stupid, from the standpoint of plain common sense. To me that's no different than leaving your car door open in a bad part of town. "Hello. I am an unlocked car. Please steal me."

 

Anyways...to me, what the law says about enclosures is not relevant because I would be locking up my stuff regardless. Not because I don't want to get in trouble with the law, but because I would want to avoid trouble from any person who poses a threat to the plants; having my stuff messed with by anyone...Roommates, Thieves, my cat, or whoever. If I were to grow, it would be inside my locked house, in a locked closet, or if I were to use those little grow tent things they'd be in a locked room. Locked with a deadbolt or padlock.

 

Protect what is important to you! Plants or otherwise.

 

PS: I want a retina scanning high tech lock device for my house so I can feel like a total badass. With a talking female voice with a british accent, that's like "Identity confirmed. Access granted. Hello, master."

I mean how cool would that be ;)

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Hey!!! you could substitute "Enclosed, locked facility" with "dish soap" throughout the law and it would not change the meaning one single iota.

 

In that case it would read:

 

Section 3 (c ) "Dish soap" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.
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Note that two kinds of people are permitted access .. BOTH OF WHICH ARE REGISTERED!!

 

So even though many of the courts realize that an unregistered patient or caregiver is protected by the law, the current view from the courts would not allow such a person to grow at all.

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exactly Blueberry. If a Judge can NOT use Websters Dictionary to get a difinition of a word used in the law, then it is open to only heresy and applied opinions offered by other judges, which is left open to their interpritation.

 

a dictionary is as good as a bible, or should be in a court of law.

 

 

the term Enclosed, and Facility are the questionable terms, Locked is self explainitory. but enclosed does not intentfully mean ROOFED, it means seperated, another area, but no where in the definition of the word Enclosde does it mandate the term includes a roof or floor, just no general way out. we cant fly, so a top isnt neccessary to be enclosed into a facility. If we were birds, and we could just fly, then a roofed or other top unit sealing the top off so we couldnt fly away, would then fit that reasoning of enclosed.

 

while Facilty does make a Referance to a roofed place (IE Hospital) it also states a fenced in area as being a facility, but doesnt specify a top or roof to the term.

 

 

again, interpritation is key.

 

keep it ENCLOSED, and Locked so NO ONE BY YOU THAT HAS TH KEY for the lock, can gain access to the actual FACILITY) ie secured to ground fencing ect.. barbed wire on top to prevent climb overs. make so to the ONLY way to safely enter is theru the LOCKED DOOR> and keep thing away from the SIDES so they can not be touched from outside the gate.

 

 

one reason for a topless setup would be to utilize our solar light up in the sky, and save money on lighting costs maybe?

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The law is literal, tainted by the Legislators Intent, which in this case is the voter. That's what ticks me off about them dumping section 4 into section 7, when applying section 8. Thanks, Bb

 

1. unregistered patients are protected by the law.

2. Grow areas are to be set up in such a way that only registered persons are permitted in the area.

3. "Enclosed, locked facility" is only required FOR REGISTERED PATIENTS AND CAREGIVERS.

4. "Enclosed, locked facility" is not a part of section 8.

 

Larry King and Barb Agro have had these elements of the law ignored.

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Why wouldn't you want to lock up your grow...especially outside. I mean, where I live...if we leave the lawnmower out over night it gets stolen. As well as our trash cans. And, just about anything else. If I decided to grow outside, in my neighborhood, not even a chain link enclosure would stop people from thieving. I would need prison grade fencing with razor wire, security cams, flood lights, and a patrolling armed guard. :) Growing outside without a closed top would be incredibly stupid, from the standpoint of plain common sense. To me that's no different than leaving your car door open in a bad part of town. "Hello. I am an unlocked car. Please steal me."

 

Anyways...to me, what the law says about enclosures is not relevant because I would be locking up my stuff regardless. Not because I don't want to get in trouble with the law, but because I would want to avoid trouble from any person who poses a threat to the plants; having my stuff messed with by anyone...Roommates, Thieves, my cat, or whoever. If I were to grow, it would be inside my locked house, in a locked closet, or if I were to use those little grow tent things they'd be in a locked room. Locked with a deadbolt or padlock.

 

Protect what is important to you! Plants or otherwise.

 

PS: I want a retina scanning high tech lock device for my house so I can feel like a total badass. With a talking female voice with a british accent, that's like "Identity confirmed. Access granted. Hello, master."

I mean how cool would that be ;)

 

PS, it would be really cool, I want one too. And I don't even grow, I just want a conversation starter. I am putting my animated Darth Vadar in the entrance hall too....

 

Impressive, most impressive....but you are not a Jedi yet.....

 

Dr. Bob

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What they can do, what they should do, all are subject to debate. What they did is not, and what they did is say all six sides of the cube are enclosed. Just deal with it, redesign the enclosure, and move the hell on.

 

Here is a legal outdoor grow. Notice the TOP.....

 

http://dl.dropbox.com/u/28101571/2010-08-24_15-42-29_396.jpg

 

Lots of sunshine, perfectly secured on all sides, and I (a non-card holder) very legally took that photo and could not get into the grow. It was sealed on both ends, one end had a door with a LOCK. The cops that inspected it (it is on the approach to the main runway at an airport I use a lot- so do the little helicopters everyone talks about) had only one comment- very nice tomato plants you have and thanks for the iced tea....

 

Now they use it to train aerial observers and calibrate their sensors. A perfect example of cooperation between the mmj community and LEO. Besides, if I can see it from the air without looking for it, what makes you think they can't?

 

This is what they want, just do it and stop the debate, ok....

 

Dr. Bob

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exactly Blueberry. If a Judge can NOT use Websters Dictionary to get a difinition of a word used in the law, then it is open to only heresy and applied opinions offered by other judges, which is left open to their interpritation.

 

a dictionary is as good as a bible, or should be in a court of law.

 

 

the term Enclosed, and Facility are the questionable terms, Locked is self explainitory. but enclosed does not intentfully mean ROOFED, it means seperated, another area, but no where in the definition of the word Enclosde does it mandate the term includes a roof or floor, just no general way out. we cant fly, so a top isnt neccessary to be enclosed into a facility. If we were birds, and we could just fly, then a roofed or other top unit sealing the top off so we couldnt fly away, would then fit that reasoning of enclosed.

 

while Facilty does make a Referance to a roofed place (IE Hospital) it also states a fenced in area as being a facility, but doesnt specify a top or roof to the term.

 

 

again, interpritation is key.

 

keep it ENCLOSED, and Locked so NO ONE BY YOU THAT HAS TH KEY for the lock, can gain access to the actual FACILITY) ie secured to ground fencing ect.. barbed wire on top to prevent climb overs. make so to the ONLY way to safely enter is theru the LOCKED DOOR> and keep thing away from the SIDES so they can not be touched from outside the gate.

 

 

one reason for a topless setup would be to utilize our solar light up in the sky, and save money on lighting costs maybe?

 

Agree, but why add the part about the razor wire, which would still be open to debate, when they said if it was covered with wire on top that is ok? The goal here is not to add a point of debate, but to remove one.

 

Dr. Bob

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:goodjob: :goodjob:

 

I dont understand why this thread even exists.

 

Peanutbutter, Tell a judge that the law does not require a grow room to be locked. I'm sure any of the conservative justices which rule michigan will whole heatedly disagree.

 

 

 

The fact of the matter is they have the guns. You can know they were wrong while you're sitting in a 10x10 brick cubicle but you will still be sitting in a brick cubicle.

 

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I dont understand why this thread even exists.

 

Peanutbutter, Tell a judge that the law does not require a grow room to be locked. I'm sure any of the conservative justices which rule michigan will whole heatedly disagree.

 

 

 

The fact of the matter is they have the guns. You can know they were wrong while you're sitting in a 10x10 brick cubicle but you will still be sitting in a brick cubicle.

 

Yep .. they own the guns and jails. So can they do what ever they wish to, legal or not? Yes they can.

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What they can do, what they should do, all are subject to debate. What they did is not, and what they did is say all six sides of the cube are enclosed. Just deal with it, redesign the enclosure, and move the hell on.

 

Here is a legal outdoor grow. Notice the TOP.....

 

http://dl.dropbox.com/u/28101571/2010-08-24_15-42-29_396.jpg

 

Lots of sunshine, perfectly secured on all sides, and I (a non-card holder) very legally took that photo and could not get into the grow. It was sealed on both ends, one end had a door with a LOCK. The cops that inspected it (it is on the approach to the main runway at an airport I use a lot- so do the little helicopters everyone talks about) had only one comment- very nice tomato plants you have and thanks for the iced tea....

 

Now they use it to train aerial observers and calibrate their sensors. A perfect example of cooperation between the mmj community and LEO. Besides, if I can see it from the air without looking for it, what makes you think they can't?

 

This is what they want, just do it and stop the debate, ok....

 

Dr. Bob

LOL I LOVE how the sections are held together by yellow twist ties... Not even Zip ties that require cutting, but twist ones.

 

That's awesome

Cedar

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LOL I LOVE how the sections are held together by yellow twist ties... Not even Zip ties that require cutting, but twist ones.

 

That's awesome

Cedar

 

But the cattle panels are overlapping, so you have to cut them too. They are secured at the bottom of the arc.

 

Dr. Bob

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What they can do, what they should do, all are subject to debate. What they did is not, and what they did is say all six sides of the cube are enclosed. Just deal with it, redesign the enclosure, and move the hell on.

 

Here is a legal outdoor grow. Notice the TOP.....

 

http://dl.dropbox.com/u/28101571/2010-08-24_15-42-29_396.jpg

 

Lots of sunshine, perfectly secured on all sides, and I (a non-card holder) very legally took that photo and could not get into the grow. It was sealed on both ends, one end had a door with a LOCK. The cops that inspected it (it is on the approach to the main runway at an airport I use a lot- so do the little helicopters everyone talks about) had only one comment- very nice tomato plants you have and thanks for the iced tea....

 

Now they use it to train aerial observers and calibrate their sensors. A perfect example of cooperation between the mmj community and LEO. Besides, if I can see it from the air without looking for it, what makes you think they can't?

 

This is what they want, just do it and stop the debate, ok....

 

Dr. Bob

 

 

 

I really like that set up because it appears to be easy to build and one would get the full advantage of all the sun, but is this totally legal? My first thought was: What happens when the little buds stick their heads up through the enclosure? Does it then become illegal? Also, anyone with a cheap set of bolt cutters could be through that wire in a matter of minutes. If I was a conservative judge, I would key in on these deficiencies immediately. Flood lights and concertina wire (4 foot minimum height) would make it secure in their books. Where does one acquire concertina wire?

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I really like that set up because it appears to be easy to build and one would get the full advantage of all the sun, but is this totally legal? My first thought was: What happens when the little buds stick their heads up through the enclosure? Does it then become illegal? Also, anyone with a cheap set of bolt cutters could be through that wire in a matter of minutes. If I was a conservative judge, I would key in on these deficiencies immediately. Flood lights and concertina wire (4 foot minimum height) would make it secure in their books. Where does one acquire concertina wire?

 

 

Yea but the same thing could be said about a house. I mean your window can be broken

even easier and without the cheap bolt cutters. I too think that is a real nice

setup. Ahhh what a dream....

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I really like that set up because it appears to be easy to build and one would get the full advantage of all the sun, but is this totally legal? My first thought was: What happens when the little buds stick their heads up through the enclosure? Does it then become illegal? Also, anyone with a cheap set of bolt cutters could be through that wire in a matter of minutes. If I was a conservative judge, I would key in on these deficiencies immediately. Flood lights and concertina wire (4 foot minimum height) would make it secure in their books. Where does one acquire concertina wire?

 

It is legal because you would need bolt cutters. The problem with buds going through the wire is real and requires care. Otherwise, this has already been inspected and is legal. Cost is around 3K for 24x80 foot.

 

Dr. Bob

 

PS, if it was mine, I'd electrify the son of a gun too.

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There was a raid, because plastic had gaped at the top of an outside grow. It is important to make sure all parts of the enclosure are secure and anchored.

 

It is important to discuss the implementation of the law in comparison to the intent. Let's take Drug Free Zones which are being passed as ordinances now and has been submitted in the legislature. If we allow townships to implement these rules, then medical marijuana is criminalized withing the township. If we always accept the conservative view of our law, we will not have a law. We must defend the voters intent. Thanks, Bb

Part of that raid was that the LEO could reach his hand in and grab plant material. So it isn't just that the plant grow out of it, but that you can stick your arm in to grab a bud.

 

The guy that was raided had a fence around the fenced grow too... I think that raid was total BS. A privacy fence around a fence that had a grow inside it covered in plastic.

 

AS far as the "Drug Free Zones" go, my township is meeting soon on their ordinance. I was thinking of allowing them to keep that, for "Marijuana Enterprises" as long as they allow someone growing at home for themselves and providing meds for up to 5 patients, that would not be an "Enterprise", and therefore not subject to the drug free zone.

 

Still think we should just lock up our grows and forgot about it. I would like a judge to say that a locked house is sufficient however, as long as the locked house didn't have non-registered persons in it.

 

Cedar

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Most of the raids are BS. It is the state setting up test cases at great human expense.

 

Exactly! They are poking around for weak spots,

"We know you're acting within the law but we don't like it so we'll see if we can find some loopholes."

 

We need to make sure we find the weak spots before they do, and when we do, plug those holes up!

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It is legal because you would need bolt cutters. The problem with buds going through the wire is real and requires care. Otherwise, this has already been inspected and is legal. Cost is around 3K for 24x80 foot.

 

Dr. Bob

 

PS, if it was mine, I'd electrify the son of a gun too.

 

Good point and easily and cheaply done with an electric fencing unit from a farm supply store. I think you could hook it right up to the cattle fence if all the sections were touching.

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