Outdoor Grows Legal Prior To Hb4851

[Herb Cannabis]

Were outdoor grows legal prior to the passage of HB 4851? I would tend to believe that they were.

 

IL 1 of 2008 http://www.legislature.mi.gov/%28S%28z2ydxf55jnpc5445rvyozx55%29%29/mileg.aspx?page=GetObject&objectname=mcl-Initiated-Law-1-of-2008

 

Section 3 © "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. This was enough to convince many of us of that we could indeed grow outside legally.

 

Enrolled House Bill No. 4851 Signed by Governor Snyder on December 27, 2012 is my further proof. I have read this amendment several times and I keep coming up with the same thought.

 

I can't find any place in this amendment that grants us nor implies a new right to grow outdoors, it simply gives us guidance as to what is required to fulfill the definition of an "Enclosed, locked facility."

 

PA 512 http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2012-PA-0512.htm

 

4 (d). “Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

 

My final argument is this, This section is a list of the things you may not do in the medical use of marijuana. no where on that list are we limited to growing indoors. IL 1 of 2008 333.26427 Scope of act; limitations.

 

 

 

7. Scope of Act.

Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.

(b) This act shall 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.

(5) Use marihuana if that person does not have a serious or debilitating medical condition.

© Nothing in this act shall be construed to require:

(1) A government medical assistance program or commercial or non-profit health insurer to reimburse a person for costs associated with the medical use of marihuana.

(2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.

(d) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marihuana to avoid arrest or prosecution shall be punishable by a fine of $500.00, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marihuana other than use undertaken pursuant to this act.

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

 

 

I'm not sure how, but, I believe that this could be important to any one who was raided simply because they were growing outdoors. I hope that this will make a difference to somebody.

 

As I have been preparing for my case, this is one of the things that I think about. Does this sound like it is logical thinking? Please share your thoughts and please, be nice.

[Kingpinn]

So couple old school bus's later that be legal ??. With a lock on the door of course. Take my grow on the road ??

Edited January 28, 2013 by Kingpinn

[mibrains]

locked facility includes a motor vehicle if both of the following conditions are met:

 

(1) The vehicle is being used temporarily to transport living marihuana plants from 1 location to another with the intent to permanently retain those plants at the second location.

 

(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marihuana plants belong or the individual designated through the departmental registration process as the primary caregiver for the registered qualifying patient.

[Restorium2]

I agree Herb. They had to have been legal since the law was signed if they are legal now. It's iron clad logic. This guidence from the legislature shows that they must have thought there was a good chance the average person might not be able to understand what was and wasn't legal.

[maxmax]

I agree Herb. They had to have been legal since the law was signed if they are legal now. It's iron clad logic. This guidence from the legislature shows that they must have thought there was a good chance the average person might not be able to understand what was and wasn't legal.

 

Sure thing

We all know what is and is not legal and the courts also know its over for them soon

Lets hope people will start fighting instead of rolling over

[Herb Cannabis]

So couple old school bus's later that be legal ??. With a lock on the door of course. Take my grow on the road ??

 

"HILL YEA!"

[Restorium2]

Don't forget 'their' rules for 'mobile scene of a crime'. They have stretched that little ditty to the max over the years. The bar for getting a warrant is much lower than a stationary target. You would be inspected often.

[Dr. Bob]

I tend to believe that outdoor grows were legal too, the King Decision showed what the flaws in that grow were (not attached to ground, top not covered) and the clear implication was that if those defects were corrected, the grow would have been legal. Many took the hint and had no problems, others got side tracked into trying to claim the top didn't need to be covered because somehow it wasn't a 'side'.

 

Now it is clear and the issue is resolved, so things will be easier for those wanting to grow outside this summer, and the rules apply to EVERY county rather than being left to local interpretation.

 

Dr. Bob

[hic]

I took it as if it were legal prior. Locked and secure both of em have been. working on #3.

[Restorium2]

I took it as if it were legal prior. Locked and secure both of em have been. working on #3.

What do you see as your biggest threat, law enforcement or thieves?

[hic]

If Leo comes and takes it is he not a theif if I am indeed legal. I will answer your question with the answer a THEIF.

[bobandtorey]

indeed legal ? You are fine IMHO soon all of us will be legal

When we get to a jury and are able to tell the truth

 

[hic]

I agree.

 

We must infect as many as possible.lol

 

Many ways but they all get laughed at..so good luck with coming up with ideas.

 

I know it aint gonna be with this $20 a gram blue lemon thai and this blue sour something.

 

Spent 40 bucks bunny muffin was gone in under 24 hours... even had to smoke a joint of the bunny muffin round here to see me threw them 24.

 

Dispensaries aint gonna do it... they suck for the most part.

 

[joluvs2gro]

Marihuana plants grown outdoors are considered to be in an enclosed locked facility if they are not visible to people on adjacent

property when viewed by an individual AT GROUND LEVEL. This means the top can be opened as long as the walls are high enough.

It also says the unaided eye, this means the naked eye. LEO heli's and binoculars don't matter

[mibrains]

Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground.....

 

that means not visible even while standing on the roof of your neighbors house...

 

or any permanent structure... such as a water tower, cell phone broadcast tower, any permanent structure...

 

also states clearly all sides except the base...which would include the top.

[michaelscott]

Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground.....

 

that means not visible even while standing on the roof of your neighbors house...

 

or any permanent structure... such as a water tower, cell phone broadcast tower, any permanent structure...

 

also states clearly all sides except the base...which would include the top.

 

Didn't Stecker say no top necessary, not to say he has final say but I could of swore that was in his ppt somewhere.

[SFC]

If you do not own a pretty large piece of land that is very closed off I wouldn't even chance it. It just isn't worth the extra headaches you are bringing upon yourself. Keep it indoors and you have very little to worry about. Please save the (it is cheaper) or all the other BS, it won't be by the time you are done securing it. Also anytime LEO wants to after harvest they could easily swoop in and get you over limit on meds. You have all the control indoors and very little outdoors..

[mibrains]

not that i have ever seen or heard..

 

and we discussed the top being a side to death here a few months ago...

 

if he said that... its news to me..

[michaelscott]

If you do not own a pretty large piece of land that is very closed off I wouldn't even chance it. It just isn't worth the extra headaches you are bringing upon yourself. Keep it indoors and you have very little to worry about. Please save the (it is cheaper) or all the other BS, it won't be by the time you are done securing it. Also anytime LEO wants to after harvest they could easily swoop in and get you over limit on meds. You have all the control indoors and very little outdoors..

 

Looking back at the ppt I am not seeing it, wishful thinking maybe.

[Restorium2]

Didn't Stecker say no top necessary, not to say he has final say but I could of swore that was in his ppt somewhere.

Yes, he recently did advise that at his recent presentation. Stecker also advises all the prosecutors in the state.

Edited March 19, 2013 by Restorium2

[Herb Cannabis]

Looking back at the ppt I am not seeing it, wishful thinking maybe.

 

I would appreciate it if you have a link to Mr. Stecklers presentation that you wouldn't mind sharing.

[michaelscott]

 

 

I would appreciate it if you have a link to Mr. Stecklers presentation that you wouldn't mind sharing.

 

.

 

http://michiganmedicalmarijuana.org/uploads/stecker.ppt

 

[Restorium2]

I heard it from someone who actually went to the meeting and heard Stecker say it.

[michaelscott]

I heard it from someone who actually went to the meeting and heard Stecker say it.

 

Not sure how that will play in court, he he

 

 

[Restorium2]

Not sure how that will play in court, he he

It's on video.