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Outdoor Grows Within City Limits (Zoning/permits) What's Legal?


Surfergirl
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I live in town with close neighbors on all sides of my house.  I am a caregiver and patient.  I have three patients that I grow medical marijuana for.  My boyfriend is also a patient and he grows his own plants (no caregiver). He has lived in my home for 10 years.  The title to the house is in my name only.  We've been growing all of our plants in my garage and recently had the pleasure of being raided.  The reason for the police and Bayonet paying a visit to my home originally, had nothing to do with medical marijuana.  The police were called by a neighbor when a domestic dispute arose.  When the city police arrived the reason for their visit quickly changed when they smelled marijuana, which led to Bayonet confiscating my patients' and boyfriend's medicine.  I was informed that each patients' plants must be grown in a seperate enclosed, locked facility.  I shut down EVERYTHING after this happened.  I haven't a clue as to whether I'll be prosecuted or not.  This happened at the end of January 2013.  Now that the weather facilitates outdoor growing, my boyfriend has proceeded to build an enclosed, locked facility outdoors in my backyard.  I'm VERY concerned about the legalities of this.  I'm certain my neighbors will smell the marijuana plants and report this to the authorities.  My boyfriend insists what he is doing is legal.  I have my doubts that what he's doing won't bring the authorities to my house once again.  I've read the recent MI Supreme Court judgments and understand what an enclosed, locked facility means, but I'd like input on what city ordinances and permits are out there.  I live in Isabella County and the title to the property is in my name only.  My boyfriend contributes financially to the household, but I'm guessing I'll be the one who gets arrested if his outdoor grow facility isn't within city/state legalities.  Can anyone please help me to understand what, if any, city ordinances are in place for perhaps, sending noxious fumes into my neighborhood or any other city rules I'm not aware of.  The last thing I want is to call attention to my home and have the authorities show up at my front door again.

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the plants have to be out of sight not-visible from any direction. the greenhouse itself can be visible.

 

the greenhouse has to be secured into the ground, have a top, and cannot be easily entered by people. which means it needs a fence or wood slats or glass to keep people out.

 

the biggest cases about outdoor grows and city regulations are wyoming and maybe koon (and larry king/kolanek). 

 

we are waiting on the outcome of the city of wyoming's case in the michigan supreme court:

http://www.mlive.com/news/grand-rapids/index.ssf/2013/04/wyomings_attempt_to_ban_medica.html

the CoA said the wyoming ban on growing was not legal. but the MSC took the case, so we dont know whats coming.

 

i happen to think the MSC will say the MMMA superscedes any law, as it says in the MMMA.

as they ruled previously , in the koon case.

but, its possible the locals can snare you up in court until the MSC ruling comes down.

or they can bring charges against you for previous sharing of grow room.

 

if you dont want extra attention, let your boyfriend know.

lease the backyard to him so the backyard is in his name lol.

Edited by t-pain
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You do not need a separate locked place for each patient, just for each caregiver.  You would have had to have your locked space with your and your patients plants in it, and your boyfriend would have to have his own locked facility for his and his patients plants.  This isn't the first time I've heard of this misinterpretation of the law, and in fact, it's what the attorney general of Michigan believes.  Take that info with how many grains of salt you wish.  To some it would be worth challenging, to others it wouldn't be.

 

If any of your neighbors see what is in the building, they can call the police and the grow may be considered an illegal grow just because the neighbors could see it.  I wouldn't take the risk in your situation with the police having been there in the past.  One thing you can do is rent out the building to your boyfriend.  Draw up a lease and remember to save copies of receipts for rent. 

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surfergirl:  you're cautious, your boyfriend is not.   generally, this is why guys are the growers and females are not the growers.

also, you own and your boyfriend does not, so you naturally have more reason to be cautious. 

if you get caught up in court for outdoor and you are eventually proven right and pure-as-the-driven-snow, you may still have spent your house to prove it.  Your concern shud not be the neighbors, but something else.  How much is Isabella's prosecutor like Oakland's?   With that info alone, you can calculate the odds of your local Jessica nailing you, maybe for your house. 

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Well, the neighbors complainng because they saw inside the building when the door was open is plenty enough to get to know the prosecutor fairly well.  Personally, I wouldn't want to get myself in that position in the first place.  It's why I always try to talk people out of outdoor grows too.  There are just too many regulations for it to be safe imo.

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Celly:  you are right, fans are necesary and filters are wise.

What OP faces is a choice to shut the grow down and maybe lose her bf, or let it go and maybe lose her house.  She doesn't have the choice to grow out or not to grow out.  She's saying she is the resp. party who is now growing out and shud she let it go... 

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you should find a new boyfriend, one who respects your opinion and feelings.

 

 

Also, your concern shouldn't be the authorities unless its feds.  Your concern will be rippers.  In a city, I bet someone will smell it and someone WILL steal it.  There are people in tough times that are willing to risk it all to B&E and steal.

Edited by garyfisher
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  • 2 months later...

Alot of great advise has already been given here.. But I thought I would add my 2 cents... If your boyfriend says its legal have him prove it by having it inspected by the township/city whatever.. I personly would maybe consider using the outdoor cage for veg and maybe a few weeks into flower.  But once they begin to show value, smell, & medicinal purpouses . I would move them inside and finish them in flower for security reasons. I would grow other veggies plants in it as well for cover up. Also if you own the house & you don't want to build 2 rooms. He should sign under you as a patcient and give up his caregiving rights the end..

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