Locked, Enclosed Facility?

[Musicianized]

How are we all interpreting this? Can I have a designated room in my house as long as that room is locked or does the whole house need to be constantly locked?

[Green-Nubie]

How are we all interpreting this? Can I have a designated room in my house as long as that room is locked or does the whole house need to be constantly locked?

 

 

 

Both to be safe. But for sure the room its self. Leo can walk right in your house if doors are unlocked.. so always lock them behind u just in case.

[Musicianized]

Both to be safe. But for sure the room its self. Leo can walk right in your house if doors are unlocked.. so always lock them behind u just in case.

 

Uhh I thought leo can only enter your house if you open the door for them or if they have a warrant...?

[Timmahh]

well they ll try, warrent or not.

 

best to lock the room, as well as teh door to the room, the door to the hallway to the room as well as a device that will put 50,000 volts into the first dumb donkey pigs, err friendly neighborhood facist police officer, and knock them to the ground. a electric fence unit wired to the door knob should suffice.

[Kingdiamond]

How are we all interpreting this? Can I have a designated room in my house as long as that room is locked or does the whole house need to be constantly locked?

You need to designate one area that is able to be secured by door lock or padlock and make sure all your medicine is in this room personal medicine etc if your not in 24/7 control of even roaches in the ashtray your giving them ammo to charge you.

[Kingdiamond]

Uhh I thought leo can only enter your house if you open the door for them or if they have a warrant...?

One more thing you do NOT have to open the door for police unless they have a warrant cooperating with them is not going to get you any breaks my plan is to open the window next to the door if they question my grow im sliding copies of my paperwork + pictures of my card under my door.

[Musicianized]

well they ll try, warrent or not.

 

best to lock the room, as well as teh door to the room, the door to the hallway to the room as well as a device that will put 50,000 volts into the first dumb donkey pigs, err friendly neighborhood facist police officer, and knock them to the ground. a electric fence unit wired to the door knob should suffice.

 

I like the way you think... I really do! lmao ZAP!

[Timmahh]

now i must say, im NOT Promoting violence. just thinking of ways of protection for your facility. Wouldnt want anyone unqualified to enter your facility.

 

but lets be serious. you really should keep your arse covered. ie locks in place, even locked. paperwork handy ect.

 

their was a thread a few months back about the paperwork you should have when you are pulled over, or should your local/state/federal boys in blue(balls) pay a visit.

 

that thread needs to be bumped to the top all the time, or better yet, made a sticky.

[+EdwardGlen]

We installed self closure devices on front door and even with door open the screen door is doubled locked. Grow room is in back room doors are doubled locked, the area is also separated from rest of house by master bedroom its door has two locks.

 

I consider my grow locked and secure.

[Musicianized]

I think when I grow I will only have 6 plants MAX..going at once. I can make 2.5oz last me a very long time. I have a pretty low tolerance to maryjane. If I take more than one toke of anything decent I'm way over medicated. I have anxiety issues and too much herb is counter effective to me. Hopefully if there ever was an instance of leo nosing into my business they wouldn't bother with me at all. I'm not looking at making a business out of it like some people are doing.

 

My last grow I had one plant, it was White Widow and I grew it under 157 watts of CFL's.. my god was it killer. I harvested 3oz off of it and it lasted me over a year... Matter of fact I still have about 2 grams left of it. It's too potent for me. I harvested with 10% amber trichs and am still amazed how potent it turned out to be. I have tried quite a few medical strains going around the area and none of them even compare. Still good but WW is some potent meds!

[Geoffrey Laster]

How are we all interpreting this? Can I have a designated room in my house as long as that room is locked or does the whole house need to be constantly locked?

 

the room where you are growing is the only room that u have to have locked. and for me I am not doing anything wrong if a police officer can to my home and knock on my door I would gladely let him in to see my grow room I don't have anything to hide from. most people that have a problem with the law making sure that the pateint or caregiver are follewing the rule is to make inspections of growers to insur that they are not making more thatn what they use and are not selloing it to just anyone.

[Highlander]

It is my opinion, therefore, that the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq, prohibits the joint cooperative cultivation or sharing of marihuana plants because each patient's plants must be grown and maintained in a separate enclosed, locked facility that is only accessible to the registered patient or the patient's registered primary caregiver.

 

 

Bill Schuette said only the caregiver or patient growing his own can enter the facility. One person, and only one person, has access. The official opinion of the AG does not allow for a law enforcement officer to conduct an inspection.

 

Next,

 

 

In light of these rules concerning what constitutes possession, the MMMA places the entire burden of cultivating a particular qualifying patient’s marijuana plants entirely on one individual (either the qualifying patient or his or her primary caregiver). No other individual can legally even water the plants or enter the enclosed, locked facility to turn on a grow light without risking arrest and prosecution for violating the Public Health Code. This means that primary caregivers and qualifying patients cannot legally form a cooperative and grow marijuana in a shared facility without violating the MMMA and thus being subject to arrest and prosecution under the Public Health Code.

 

There you go. Our Attorney General and a Court of Appeals Judge have both issued opinions that make it illegal for a law enforcement officer to enter a grow room, EVEN IF YOU GIVE PERMISSION. O'Connell's opinion would even seem to suggest that if a LEO did inspect your grow room, he could be charged with a controlled substance violation.

[CedarSpringsCG]

well, that is your interpretation, not that of a judge. The judge's interpretation is what counts.

 

I would be shocked if any judge has the same interpretation as yours.

Well, lets take it off the LEO. What about the townships that want to have inspected grows, not by law enforcement, but by township inspectors? Wouldn't that be illegal? They aren't even law enforcement.

 

Back to the LEO argument, an officer is allowed special privilege, however many of those require a search warrant. So if they had a search warrant, then yes, the LEO is allowed in, or if they are investigating a crime. However, our law says that when presented with a card, they have to assume from the get go that the grower is legal. So unless they have reports, can see a violation, etc, they have to assume there is no illegal activity and therefore have no reason to inspect, and doing so would violate the public health code, according to Schuette and O'Connel.

 

Also, the law says we are not subject to any inspections from government agencies.

 

If this was the only thing they were attacking on, I am sure many of us wouldn't have a problem conceding, however this is a situation where you give an inch and they will take a mile. Schuette and others are doing everything they can to make it so that the law is there, it is just so hard to stay legal, no one bothers.

[legacy]

One possible definition of "locked & enclosed" would be that only the doors to the house need be locked.

 

My understanding of the Agro case is that the Oakland county judge wouldn't allow her use of the MMMA because her front door was unlocked when LEO raided (post 313197). It suggests that if it had been locked, she would have been in compliance.

[mayorshaggy37]

The only problem with only having your exterior doors locked is that you would never be allowed to have company over. The room is to be locked so only the patients and caregivers have access. So if you were having friends over and no lock on your grow room door then that room is not secure from non patients. Really it doesn't cost much to buy a lock for the door.

[legacy]

The only problem with only having your exterior doors locked is that you would never be allowed to have company over. The room is to be locked so only the patients and caregivers have access. So if you were having friends over and no lock on your grow room door then that room is not secure from non patients. Really it doesn't cost much to buy a lock for the door.

 

There is good coverage on this topic if you search "locked" on the Agro thread. Post 303751 (peanutbutter) provides some good insight... explaining that it would be impossible to have a locked room 24/7... how would the cg access to tend the plants?

 

The law says: ( c ) "Enclosed, locked facility" 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.

 

It doesn't say "secure from non-patients", it says "accessible by cg/pt". So if a cg has a living room grow, lives alone, and has the only set of keys, then it appears to me that cg would be able to have company over. And based on our law and Judge Potts' remarks, it sounds like it would be lawful.

 

Personally, i would recommend someone use a closet and buy a lock like you said. I'm just saying that it doesn't appear to be required by law.

[AmishRnot4ganja]

well they ll try, warrent or not.

 

best to lock the room, as well as teh door to the room, the door to the hallway to the room as well as a device that will put 50,000 volts into the first dumb donkey pigs, err friendly neighborhood facist police officer, and knock them to the ground. a electric fence unit wired to the door knob should suffice.

 

HAHHHHHHH!! ROTFL out loud funny. I have an old fencing unit that I didn't know what to do with until now. God, the sight of them grabbing the door knob and being knocked to the floor will be worth three times the amount of crap that they can give me.

[BlackMesa]

I use a grow tent and have a lock on the zippers so It should be considered enclosed and secured. Growing like this also doesn't make a room unusable to just me because the grow tent is it's own room so I can for instance have it in a bedroom that a wife is in while only I have access to the grow.

 

Now if the law would like to be more specific on just how secure it needs to be (steel walls, large locks ect...) that would be nice but I consider my grow tent is secure and keeps people out. I'm considering also putting a lock on the door to the room that the grow tent is in for added security when I'm not in there.

 

My point is that you can achieve a secure, enclosed location without using up an entire room of your residence. A closet, cabinet, grow tent etc... should work as long as it's locked and only you have access into it. It's just not practical to use up an entire room for many people that have wives or roommates or just plain out don't have a unused room in their house. Enclose & secure just the grow and you should be able to leave the room it's in unlocked.

 

Any thoughts on this?

[CedarSpringsCG]

I use a grow tent and have a lock on the zippers so It should be considered enclosed and secured. Growing like this also doesn't make a room unusable to just me because the grow tent is it's own room so I can for instance have it in a bedroom that a wife is in while only I have access to the grow.

 

Now if the law would like to be more specific on just how secure it needs to be (steel walls, large locks ect...) that would be nice but I consider my grow tent is secure and keeps people out. I'm considering also putting a lock on the door to the room that the grow tent is in for added security when I'm not in there.

 

My point is that you can achieve a secure, enclosed location without using up an entire room of your residence. A closet, cabinet, grow tent etc... should work as long as it's locked and only you have access into it. It's just not practical to use up an entire room for many people that have wives or roommates or just plain out don't have a unused room in their house. Enclose & secure just the grow and you should be able to leave the room it's in unlocked.

 

Any thoughts on this?

Yeah, its funny how a plastic tent that you can cut through with a pocket knife is viewed as being more secure than a 6 ft chainlink fence, inside a 6 ft privacy fence, with barbed wire on top of both.

 

Personally I believe your locked tent is lawful, however I doubt most LEO would think that. Get a lock for the room the tent is in, not saying you can't use it, just saying it is best to keep it in a room with a lock on the door. At least that way if they contest the tent, you can say the room is generally locked when I am not in it. If there is no lock on the door, you can't say the room is ever locked.

 

Cedar

[treehugger]

Yeah, its funny how a plastic tent that you can cut through with a pocket knife is viewed as being more secure than a 6 ft chainlink fence, inside a 6 ft privacy fence, with barbed wire on top of both.

 

Personally I believe your locked tent is lawful, however I doubt most LEO would think that. Get a lock for the room the tent is in, not saying you can't use it, just saying it is best to keep it in a room with a lock on the door. At least that way if they contest the tent, you can say the room is generally locked when I am not in it. If there is no lock on the door, you can't say the room is ever locked.

 

Cedar

 

Use that word with leo and you generally end up in jail. The facility is always locked when you aren't in it, that's your story, stick to it.

[AmishRnot4ganja]

Yeah, its funny how a plastic tent that you can cut through with a pocket knife is viewed as being more secure than a 6 ft chainlink fence, inside a 6 ft privacy fence, with barbed wire on top of both.

 

Personally I believe your locked tent is lawful, however I doubt most LEO would think that. Get a lock for the room the tent is in, not saying you can't use it, just saying it is best to keep it in a room with a lock on the door. At least that way if they contest the tent, you can say the room is generally locked when I am not in it. If there is no lock on the door, you can't say the room is ever locked.

 

Cedar

 

 

If you can cut through a plastic tent, then you can also kick through a door and cut through a chain link fence or two. The door to a grow room would need to made out of metal with multiple deadbolt locks to make it "secure" and a fence would have to be immune to simple cutting devices. I think I can see where the state is going with this challenge to the "locked, secure facility" concept. Will the state be able to define "locked, secure facility" through legislation? The price of meds would need to increase just to cover the costs of maintaining a secure facility.

[Musicianized]

If you can cut through a plastic tent, then you can also kick through a door and cut through a chain link fence or two. The door to a grow room would need to made out of metal with multiple deadbolt locks to make it "secure" and a fence would have to be immune to simple cutting devices. I think I can see where the state is going with this challenge to the "locked, secure facility" concept. Will the state be able to define "locked, secure facility" through legislation? The price of meds would need to increase just to cover the costs of maintaining a secure facility.

 

You just gave me the first good idea for a jail that I've ever had! Especially if the "separate locked facility per patient" passes lol.

 

Who wants to support my "Turn Jails into Grows" campaign?

[Peragro]

You just gave me the first good idea for a jail that I've ever had! Especially if the "separate locked facility per patient" passes lol.

 

Who wants to support my "Turn Jails into Grows" campaign?

 

I thought the same thing when I heard about the "separate locked facility per patient" nonsense! That's pretty funny. Then I thought, "Where would one find a vacant jail/prison if they're all overcrowded (in many cases by political prisoners of "Nixon's Folly"). Engler closed quite a few state-owned mental hospitals during the '80s and '90s, and they're sort of set up like jails, but I've been inside a couple of them after they were closed (it's been over ten years since then; I figure I'm safe from any trespassing charges) and getting them back into safe/sanitary condition would cost more than I'd care to spend...

[peanutbutter]

Even better .. let those in prison for cannabis grow for patients outside.