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Jame's Story


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topless raids are coming folks.  you can't go from no see em to wow! look at that spread lets NOT go get em without lots of heads being broken and lots of plants being taken, and defts crying and the sc court finally saying stop the silliness---but that's 3? years away...

lots more topless debacles comin, sirlongsmoke is not the first or last, just the latest, and your topless ladies may be next so----top your ladies-----you know not everybody loves to see topless ladies.

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What the heck is going on? Can all of this really be happening simultaneously? It's surreal.

 

 

Ken Stecker of PAAM trains the police that a top is not prescribed by the law. I.e. if a grow space has four walls, a roof, and is affixed to the ground, is it actually outdoors? No. The thing that makes it "marihuana plants grown outdoors" (per section 3(d)) is not having a top.

 

I have been growing outside in a 50' by 50' garden, this is my 3rd season outside. It is chain-link fence, 6' high. I have no roof. BAYANET ( Bay Area Narcotics Enforcement Team ) landed their helicopter in my back yard in 2012. I have 72 plants and all my paperwork is in order and posted to be easy to see. They were very friendly and said I had a very nice garden, they loved that I have a mean dog guarding it too. I harvested just over 60 pounds just a week or so after their visit, they never asked what I would do with so many huge plants, they never came back. 13 of the plants were well over 10' tall. I was told I do not need a roof because my garden is hidden from view, not even a neighbor standing on their roof can see it. If they landed last year I do not know it, I did have my paperwork by the door at all times so they may have came while I was not home. I have game cameras hidden in the garden and in the woods near by, I have 6 wireless boxes that report to a control box in the house that gives a different message for each of the 6 ultra-sonic sensors. So I know if someone is approaching the rear of the garden, the entrance, if they are inside. Only once so far have we had a visitor get close enough to alert the dog, some target practice in their direction was enough for them to leave. Once flowering starts we have 2 or 3 armed guards on site 24/7. The worst part is you get afraid to leave, you worry your girls wont be there when you get back. You never leave home for weeks on end, from the time they start flowering until the last plant is cured and tucked away, you worry, you worry alot. I grow OOG, Outdoor Organically Grown. I grow in basically 175 gallon pots, 50% compost purchased from a city that does a very nice job of composting their grass and leaf clippings, 20% screened top soil, 20% per-lite, 10% peat moss, with a cup to a cup and a half of Epsom salts, azimite, green sand, and lime. Then only water until harvest, my plants never see a chemical fertilizer. I put my plants outside May 10th as it was the first 14.5 hour long day here at my latitude. It took until June 19th to get them all in the ground, that is a lot of dirt to move and a lot of holes to dig. We dug 3' diameter holes 18" deep and then added a matching 3' x 18" raised bed above the hole to make a 3' round by 3' tall grow hole. Don't laugh about how long it took, I'm old. Trimming 60 pounds by hand took 4 people 6 weeks, not good. This year I am planning to purchase a TrimPal http://trim-pal.com/ ( so if anyone wants to buy me one ;-P )

 

So not all cops come back and raid you after you talk to them, I call the Detective from BAYANET every year and ask him what if any new rules I need to be concerned with.

 

Michigan is really very friendly about outdoor growing, I would recommend it to everyone. I will admit that some counties are more grower friendly than others, mine happens to be very open to it.

 

I wrote all this because a lot of people seemed interested from what I have seen in this post. I hope it helps and answers some questions.

My name is James Rose and I live in southwestern Michigan. I was raided by the state police today. I was in compliance with state law having an enclosed fenced area for outdoor plants. I had 24 outdoor plants within the locked gate system, locked by 2 locks at the gate. I had 32 indoor plants locked with a coded deadbolt lock inside a barn style garage. They took all my outdoor plants because they were saying the top of the fence was not fenced. That violation gave them the right to take everything including the indoor plants that were securely locked. They took all my manufactured and cured cannabis which totaled about 4 ounces. I do not know if I will receive the felonies they listed to me. I will be told via phone.

 

I have a clean record and have never been to jail. I work with emotional impaired students. I just try to guide them in the right direction instead of the carousel of negativeness. I work at a school as an outreach worker that will now probably be taken away from me, regardless of the outcome, because of the slander that will peruse. I'm a special Olympics coach for the basketball team at the school that I've work at for several years. I also volunteer my time as a chaperone for the Special Olympics track team. I have a wife and two beautiful little girls.

 

I am trying my best to deal with this situation but I need help. I need support for a push in the right direction with the Michigan law. If anyone can give me advice or help please let me know. I don't have enough money to fight this in court. Most lawyers want more than I have to even discuss the situation.

I'm asking for compassion and understanding. LETS MAKE A DIFFERENCE!

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Doesn't it seem that when this board is divided in opinion on a salient point of law (here it's top or topless) the leo community acts with similar division and disparity?

 

I say only an sc decision will fix certainty; and I think they will say topless (but I'd keep a top until they actually dict); shame on the fools  at 4 am or 11 am or whenever. Intend to fix something and they instead muhk it up.

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sirlongsmoke:  I was indoor-raided and robbed may 6, without charges.  it is not fair or right.  it has and does run ina the biz.  smoking marijuana has been found to help one adjust to these punches.  It certainly does me.  :butt2::dodgyrun::gym::mom::lolu:

Edited by pic book
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Doesn't it seem that when this board is divided in opinion on a salient point of law (here it's top or topless) the leo community acts with similar division and disparity?

 

I say only an sc decision will fix certainty; and I think they will say topless (but I'd keep a top until they actually dict); shame on the fools  at 4 am or 11 am or whenever. Intend to fix something and they instead muhk it up.

I think the cause and effect are; Law enforcement has a problem getting their act together and you see the effects here. The differing of advice and opinion here is a direct result of things happening in real time on the ground. I always give advice here from observing events, not because I have an opinion on wording. The best litmus test as to what works and what doesn't does not come from opinion, it comes from actual events reported.
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I think the cause and effect are; Law enforcement has a problem getting their act together and you see the effects here. The differing of advice and opinion here is a direct result of things happening in real time on the ground. I always give advice here from observing events, not because I have an opinion on wording. The best litmus test as to what works and what doesn't does not come from opinion, it comes from actual events reported.

i agree Leo has never liked the Law from day one and thats why they want it back the way it was before 2008 and IMHO will get that after the Bills pass it is only my Opinion 

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After talking to Dan; I feel somewhat assured. This will hopefully be thrown out of court. It's not a definite or guarantee but I have a positive feeling about it. I won't really know until mid next week. In the meantime I hope to stay positive and not allow this incident to change me. I don't want to be bitter or sour. I will always keep looking up for guidance.

 

Thanks again for all the caring gestures and opinions. It has really helped me feel like "Im not alone". It feels good to know people out there care and have experienced this, the way I have.

Edited by SirLongSmoke
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I plan on attending the cannabis cup this next Saturday. If any of you would like to put a name to the face, please let me know! I'm going to try my best to spread the word of the injustice I've faced. I hope to gain support and hopefully people will want to fight for the cause.

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I do plan on spreading my story. Hopefully people feel compassionate about it. Maybe it can help some of the laws change. I just want some good to come out of it.

We already went through this for years now. The legislature saw fit to clarify legal outdoor growing. They failed to follow through comprehensively so law enforcement has taken the ball and run with it again. They seem to have no supervision at all. We have two separate and conflicting reports of Michigan State Police procedure. They pride themselves on order. Fail. Keep beating the drum and they will have to drag themselves up to the standards that are acceptable for The Michigan State Police, uniformity across the state in their procedures.
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Enclosed means a cube with 6 sides.  The bottom is excluded in the definition, but not the top.  To be safe and correct, it needs a top.  The exception I can think of is if the top is so secure as to be considered enclosed, an example would be 12 foot sides.  If there is any way you can reach the cannabis from the outside without tools and/or considerable effort, you might would have trouble making a case for compliance.  If the walls are 4 feet tall, there is no problem getting over them.  Perhaps 5 or 6 feet might be harder, but is that enough?  That is a question for the court to decide.  Your argument hinges on access to the plants through the top.  They have to show they are accessible, you have to prove they are not.  A top makes your case for you.

 

Dr. Bob

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The whole top/no top problem will very likely come down to legislative intent.  The original Act was a public initiative, so areas that lack clarity come down to intent of the voter.  But since the top requirement came as a legislative amendment, the courts will likely look at the intent of the legislature who passed the amendment.  If I recall, the authors of the bill were pretty clear that the amendment was designed to require a top.

 

A stupid amendment for sure, it says what it says now and, unless amended by the legislature or overturned by the courts, it is yet another burden we deal with.

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None of these specifications are in the written law. Nothing is conclusive. So, if they can use the grey area, can't I?

 

Isn't our justice system built on reasonable doubt; so wouldn't I have to be guilty beyond reasonable doubt? It also never states that a person should not be able to reach over, does it?

 

So I just sit here patiently waiting for my verdict. So much stress has been placed on my family and I. It consumes all my daily activities because I have to keep justifying myself. It's almost like I'm starting to feel like I'm guilty. Has anyone else felt this way?

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he asked for my advice and i gave it to him.

he will have to pay a lawyer no matter what.

a court will not allow him to plead guilty or not guilty without representation.

 

if you disagree with my advice, thats your right, but please dont conflate the issue.

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Conflate the issue?  How's that?  And yes a court will let him plead without a lawyer.  We have the right to represent ourselves. 

And your advice to not take a plea deal is uninformed so I don't know how you think you can give advice on that.  You don't know how strong the evidence is and you don't know his family or finances enough to know if not taking a plea deal is best for him.

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