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Drug Free School Zone


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I live within 1000 feet of a school property line (900  feet away or so).  I would like to grow plants for personal use and maybe for other family members.  I'm afraid of the consequences.  Has there been precedence set in regards to school zones and mmma.  Some sources say yes and some no.  I'm really frustrated and confused.  Any advice would be appreciated.  Thanks.

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i've seen one or two people say they have grown within 1000 ft of a school. 

in my opinion its risky. but theres nothing in the MMMA law to prohibit it.

 

of course, police, prosecutors and judges may be biased against you if they drag you to court.

or they might just turn you over to the feds.

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It would help to know how your city defines a "drug free zone". In most areas this zone includes schools, churches, libraries, day care centers, recreation centers, arcades, swimming pools, gyms; or any or all of the fore mentioned. If your city has a medical law, read it and check for any restrictions. Be aware that pending bills might give cities the right to create restrictions.

 

Also be aware that most areas are set up to where you are always within 1000 feet of at least one of the places I listed.

 

Oh yeah, cities (like Detroit) are required to post those zones (most don't)

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I live across the street from a school and the City I live in does have a 1000 ft rule,

schools, daycare etc.. and I think maybe Churches (I will have to look that up).

I was way too chicken to even contemplate it.  The school closed this year sadly.

Yes, I am glad that I can now grow 'legally' for myself. I am sad that yet another

school in my district has closed. 

Closing schools to build prisons it seems.

 

Call your local municipality and ask ?

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Thanks for all of your input everyone.  Its frustrating because, like I said, I live 900 feet away from a school.  I want to grow 12 plants but I'm afraid that I will be taking a chance that maybe unfair to my family (wife and two kids with one more on the way).  When will we see more clear guidelines on this issue?  Anyone?  

 

 

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  • 8 months later...

When will we see more clear guidelines on this issue?

 

From what I've seen clear guidelines are never applied to the Michigan Medical Marihuana Act.

 

Drug Free Zones were originally a Federal scheme that was picked up by the States and localities. It provides for "enhanced penalties" if within a given distance from a school. This distance varies from place to place.

 

My best guess as to how it might be enforced is that it would depend on where you live and who decided to go after you. Local, county, state and federal agencies might all have different outlooks as to how or even whether to pursue it.

 

Since it is an "enhanced penalty" I would assume that if you were in compliance in all other aspects then you shouldn't be charged with a crime and they couldn't "enhance" the penalty.

 

Of course that wouldn't apply if it was a Federal case because you have no protections from them.

(Oakland county might be a little iffy too)

 

Here's a link to the manual on drug free zones written by the fascisti at the Chiefs of Police National Drug Task Force. It still won't make sense but you'll get a better look at how their minds work.

 

Drug Free School Zone Implementation Manual

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well, with the new bills coming and changing on the fly, you never know what might get added to them.

 

ter beek v wyoming case decided that cities cannot ban mmj growing.

so you're safe from city ordinance.

 

feds could still pop ya, although they've said a lot they dont go after patients.

 

still safe with reguards to the MMMA , so far, still havent heard any cases of growing near a school.

 

http://brucealanblock.com/medical-marijuana/medical-marijuana-blog/

mentions the school zone + mmj laws, although i'm not sure how accurate that lawyer is.

 

LARA actually has this in its MMJ FAQ

http://www.michigan.gov/documents/lara/lara_MMP_FAQ_6-28-13_426011_7.pdf

Question: I live within 1000 feet of a school, AKA a "drug free zone". Can I still grow and/or

possess my medical marihuana there?

Answer: The MMMA does not address this issue. You may wish to contact an attorney about this issue.

 

real helpful LARA c----.

 

the MMMA says all other laws inconsistent with the MMMA do not apply.

so school zone law does not apply, in mich state court anyhow.

 

i am not a lawyer, this is not legal advice.

Edited by t-pain
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It shouldn't matter unless they catch you breaking the law, and win at trial, then double the sentence.

 

 

But if fully legal & compliant, it isn't a drug related offense in the slightest... it's legally sanctioned medication, and drug free enhancements don't apply.

 

Don't go open venting & getting brash about it is all. Be a good neighbor.

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