Can't You Do That Outside?

[Joel]

My wife is a pragmatist. She also has allergies.

She insists I take my plants outside on our deck to spray anything that may inflame her allergies or be a possible danger to our dog. I can't say I disagree.

The belief in common sense does not seem to apply where medical marijuana is concerned.

It appears you are in violation of the law if you take a plant from a veg room across the hall to your bloom room.

For one thing you have to unlock the door to get the plant out of the room. A violation.

You have to move the plant across the hall. Being in the hall, even for a millisecond, is a violation.

Heaven forbid you take plants outside onto your deck to spray them so as to avoid any health issues. That is a felony.

I know this because I am now fighting in Oakland County court for just that thing.

Two years ago, I regularly took plants out onto my deck for spraying and for transplanting. The plants were not being "kept" on my deck, the definition of the word "kept" implies a permanent placement. These plants were in transition and not left unattended. I was either outside with them, or sitting with my dog just the other side of my sliding door from them.

On a hot day in August of 2010 I was doing just that. Waiting for the spray to dry before I brought them back in when I had a visit from the local police who yanked my plants up by the roots, came inside, counted my plants and examined my paperwork.

Finding me under my plant count, with all the proper paperwork and cards, they admitted I was otherwise in complience with the law, told me to have a nice day, and left.

That was two years ago.

I found out that this was not over when I was arrested after the Macomb County Sheriff's department discovered a two year old warrant with my name on it. I had been involved in a car accident and they were writing out a report when a check of my license brought up the warrant.

I was charged with delivery and manufacturing, a felony, and spent five days in the county lockup. Not a good place for a sixty two year old man with a slew of health issues.

My wife, the pragmatist, says it makes no sense. I agree.

Perhaps Benjamin Franklin would have agreed, not so the county prosecutor.

I can only shake my head in disgust.

Edited September 13, 2012 by Joel

[AmishRnot4ganja]

I can not believe that any sensible jury would ever convict you on a minor technicality like you describe. I no longer have any doubt that Oakland County is run by some seriously deviant neanderthals.

Edited September 14, 2012 by amish4ganja

[Joel]

A jury may not convict me, but the county will get their money as will the attorneys.

What you are calling a "minor technicality, they are calling a felony.

Say, how would you like to be on my jury? Hehehe!

I think they are afraid of us.

If marijuana is decriminalized some 60% of all inmates throughout the state will have to be set free and all those gaolers will be laid off.

The State will have to close lots of prisons as well.

Be afraid, gaolers, be very afraid.

 

Gaolers. Not misspelled. Just a medieval reference or "Tale of two cities" Sydney Carton and his insidious pursuit of Charles Evrémonde.

Edited September 14, 2012 by Joel

[t-pain]

the supreme court sided with king, who had plants in an unlocked closet.

 

is your deck in your backyard? is your backyard fenced? i wonder if putting a lock on the fence would make it 'secured and locked'?

 

how did the cops know to show up at that time? neighbor dropped a dime or what?

[Joel]

Cops said they had a call from one of my neighbors.

Deck is in my backyard and has a gate with a lockable latch. Back two years ago the language said a door "capable of being locked". Not locked.

Edited September 14, 2012 by Joel

[Joel]

We got bamboozled with the word "locked" as technically, as soon as we unlock the door, even to just get into the room, we are in violation.

[t-pain]

i would argue that if your house was locked, your plants are still in a locked facility. same with the backyard fence...

 

of course, i'm no lawyer, just some jerk.

the law isnt perfect either.

Edited September 14, 2012 by teethpain

[Joel]

And i'd say that you are not a jerk, just a bit naive.

You are correct though, the law is not perfect, the lawmakers, even less so.

[phaquetoo]

I wouldnt take em out on your porch

 

I wouldnt have em in two rooms but if I had to I guess I would, dont even worry about taking them from veg room to budd room unless you think they are watching you on camera lol! but outside in oakland county/troy, or where ever in a subdivision is a no no, now i got pics of one of mine outside, had to flush the heck out of it and I didnt want to put 20 gallons of water thru her in my tent lol!

 

Seal up one of them rooms better so you can do your spraying in there, (what are you spraying on em? bug repel?) seal up the room and do it in there with a fan in the window blowing out, should take care of your problem!

 

The problem with them being outside, is they cant be seen by anyone, if you had a green house that could lock you can grow outside, it is illegal and makes me nervous everytime i do it but I live up in the woods! Hopefully one day the may change that law so we can grow pretty much for free in the summer, but than we have to worry about thieves! so best to make your room your safe room, shouldnt be anyone knocking your door down the few mins it takes to transfer them to your budd room!

 

Best of luck to you!

 

Peace

Jim

[Joel]

The incident happened two years ago. I was using Azamax and perithrin, but have since switched to all organic stuff.

 

My wife can't stomach the smell of the rosemary that is in most of the "all natural" stuff, so we still have to spray outdoors at times.

 

We do have the bloom room sealed up, but spraying in there means breathing the stuff. The widows have insulation and black 3 mil plastic taped up all nice and neat. Natural or not, I'm not too keen on breathing in that stuff..

 

When the plants reach a certain size, it is very hard to spray the back row of plants with any effectivness, so again, forced outdoors. Oh well.

 

Getting out of the truck was kind of hairy, as I was snagged by my favorite casting rod right in a belt loop while sliding head first out the passenger side window. Luckily I had enough strength to break the tip. A bass would have drowned! Hehehe! I guess the replacement will have to be a bit better in quality.

 

My homeowners insurance is covering the stuff lost out the back window when the truck was towed out of the water.

Naturally, my tackle box was the first thing to get washed out, along with one of those plastic lure storage boxes full of my favorite "Reef Runners".

 

When I got out of the boat I took my best reel off the rod I later broke, and put it in the tackle box. For safe keeping, of course! What a joke. Safe keeping my assk.

 

The one thing in my truck with a history. I'm 62, and fishing since I was a kid. No doubt you can all imagine what kind of stuff I had in there. How do I remember it all? It's just not possible.

 

I made a list, but I know I forgot a lot of things.

 

BTW, you want a really good baitcasting reel? Try the Abu Garcia Revo STX HS. Casts a mile.

 

Jim, thanks for the writing compliment in my other post.

Edited September 14, 2012 by Joel