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Out Door Grow Is This Legal


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they would probably eminent domain your property for the road.

 

and its for the road, not your mmj, so mmma does not protect your "rights or privledges" in that manner. AND if you firmly believe you can do a greenhouse in the middle of the road, they will eminent domain right around your greenhouse.

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you guys need to re-read ter beek though. still cant be penalized for medical cultivation.i know you are looking at it from zoning law, but mmma law is unto itself. and supercedes all zoning laws, all phc laws, ALL MICHIGAN LAWS.

Wouldn't it be nice if it was that simple?

 

It supercedes all laws?

 

I can murder someone over my grow and be ok?

 

Come on brother...

 

It over rules any law written to blanket block cannabis use, growth, or paraphernalia however it does not give a person carte blanche to do as they please so long as they say their cannabis needs are the reason...

The MMMA will not authorize a person to violate building or zoning laws on an individual basis.

 

it is a defense against prosecution not a right.

 

it also therefore is a defense against zoning but not a right.

 

The courts have said the MMMA over rules any existing legislation it may compete with however that does not include building, land use, zoning, or any and all other qualified conditions that have to be met before building when it does not compete with them. In other words.. a township cannot say "no cannabis outdoor greenhouses can be constructed in our township limits" and that would be a direct violation and would not stand thanks to Teerbeck. However if that same board tells you as an individual you cannot build an additional outbuilding cuz you already have 2 and that's the max allowed you will not be able to say... but guys.. I am gonna grow my med in it and it is protected...

no way that flies...ever.

 

They would tell you you can do both... you can convert one of your existing buildings and still comply without violating zoning and therefore you must.

 

 

You cannot build on an easement...

 

You are forbidden by law.

 

The pole barn on the easement cannot be done and if you did it they would make you tear it down.

 

Eminent domain is very complicated. It can only be used for the betterment of the community as a whole. The rules are very restrictive. They will not take your property by eminent domain when there's already an easement.

 

T I guarantee if a person tries to circumnavigate zoning laws and then claim cannabis domain as a defense... they will loose nearly every time unless they can show the township in question is trying to ban across the board aND restrict overall use.

 

Individuals cannot violate zoning or building laws and then claim as a defense it was to grow my medicine your honor....

 

Sorry that won't fly..

 

Teerbeck decision (and I admit I need to re-read it cuz it's been a while) protects cannabis users in their communities...it stops a township from initiating any "no to cannabis" zoning laws.

 

It does not offer any defense to violating current enforceable zoning laws.

 

FYI the new PC laws would allow townships to say no to cannabis...

 

sales..

 

at first.

 

Who knows where that may lead?

 

Anyways... not trying to argue or be difficult but it's important that patients and caregivers not get confused on this issue and try anything questionable that winds them up loosing their property or their freedom.

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Very Funny, bet you are a blast to hang out with :>) Peace be with you too master of disaster!! Of course there are locks, don't want anyone picking my nose without prior legal authority!!!

Farmer Brown

I am glad you have a sense of humor and know I mean you no harm, Im just trying to add a lil humor now and than.  Im now living in prudenville, which is houghton lake area, we can meet up any time, I know we would have a good time!

 

Peace

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also i'm not talking about building a building. the outdoor structure defined in the act is not a building. its more like an enclosed fence.

 

Understood.  But I don't see the difference between a fence and a barn when it comes to zoning and MMMA laws.  If zoning laws don't allow a fence, but the MMMA trumps the zoning law, why would the same not apply to a barn that isn't allowed under zoning laws either?

 

I'm not trying to be facetious.  I'm just trying to get a handle on the full benefits of my MMMA (Michigan Medical Marijuana Anarchy) card.  :P

Im pretty sure If I build a dog pen, or go purchase the sections and put it together in my yard, I dont need a building permit!

 

Peace

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it is a defense against prosecution not a right.

 

it also therefore is a defense against zoning but not a right.

 

have you guys been keeping up on your case law?

 

its not a general right available to everyone, but it is a right to those with qualifying conditions that register with the state.

 

from people v mcqueen

 

 

Section 4 creates a personal right and

protection for a registered qualifying patient’s medical use of marijuana, but that right is

limited to medical use that has the purpose of alleviating that patient’s own debilitating

medical condition or symptoms.

 

 

 

 

The courts have said the MMMA over rules any existing legislation it may compete with however that does not include building, land use, zoning, or any and all other qualified conditions that have to be met before building when it does not compete with them. In other words.. a township cannot say "no cannabis outdoor greenhouses can be constructed in our township limits" and that would be a direct violation and would not stand thanks to Teerbeck. However if that same board tells you as an individual you cannot build an additional outbuilding cuz you already have 2 and that's the max allowed you will not be able to say... but guys.. I am gonna grow my med in it and it is protected...

no way that flies...ever.

 

 

T I guarantee if a person tries to circumnavigate zoning laws and then claim cannabis domain as a defense... they will loose nearly every time unless they can show the township in question is trying to ban across the board aND restrict overall use.

 

Individuals cannot violate zoning or building laws and then claim as a defense it was to grow my medicine your honor....

 

Sorry that won't fly..

 

Teerbeck decision (and I admit I need to re-read it cuz it's been a while) protects cannabis users in their communities...it stops a township from initiating any "no to cannabis" zoning laws.

 

It does not offer any defense to violating current enforceable zoning laws.

 

 

 

right, i wouldnt suggest anyone ignore zoning laws. talk to a lawyer first.

 

ter beek is very interesting. even if the laws dont conflict, a mmma patient cannot be penalized in any way by the zoning board or anyone else for the medical use.

 

what i mean is even if the law doesnt conflict, the penalization is the conflict.

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Malamute works directly with people connected with the legislature on wording in these bills. He has real insight. He doesn't lie to me ever. I have met him face to face and know he is real. What he says you can take to the bank most of the time.

 

I believe you might have some insight into some things. But when you go up against Mal you have no chance at all of changing my mind. Sorry. That's just how it is.

Not going against you or Mal at all.

I am just an average citizen reading the plain language of the law.

In the context of an Outdoor grow/garden the very plain language does not state or describe a roof.

It appears there has been some back room deals and the final wording left some disappointed .

That's life.

We have to work with the language we have not what someone thinks might have been intended.

What kind of MJ activist would push for a roof on a garden?

Why don't they want to call it a roof?

What is the purpose of the roof?

If a garden has sides and roof it is now an indoor grow subject to permit and inspection. Fk that

 

Here on the farm, My Outdoor garden/strawberry patch has 8 ft sides to protect It from deer.

It is permanent , requires NO permit/inspection, and cannot be seen by neighbors.

If I were to install a wood slats roof on the Outdoor Grow. My strawberries would be subject to nasty bunny muffin dripping down on he plants off the roof, that is if there was still enough sunlight to allow the plants to grow at all.

Furthermore my strawberries would be of lower quality and yield than those growing in a garden without a roof.

Rediculous.

 

Still no explanation for what the purpose of the roof is yet from those pro roof people. They want you to ignore wood slats clearly described in the law and want you to come up with something similar that still will be challenged in court.

We don't want the law to be subject to the discretion of a cop or court or county or zoning.

The law is clear , in plain language, reasonable and refers to a Outdoor Garden. In this context , the roof is rightly omitted

 

The disp folk are finding out what happens when you want to base your model on " intents" of the law.

They were not included, they are now paying the price.

 

Cmon, to anyone who professes to understand the intention of the over the Plain Lainguage,

What is the Function of the Roof?

 

Put a fkn roof on your Outdoor Garden if you want, your product will be crap.

 

But don't try to Roofy us, We know Better

 

The real intent here is to allow Leo and the courts to use zoning laws to restrict outdoor grows?

Some have stated they feel the MMMP intended for disp too...how's that going?

 

Big money is working thru law offices to secure their piece of the canna pie.

They pushed dispensaries even though they were not in the law

They are now pushing a roof on your outdoor grow.

 

Zoning is the next big war on cannabis.

Requiring you to get a permit for a building with a roof/top. Only opens the door to more restrictive regulations and fees and inspections.

 

Those pushing for a roof are ignoring the Plain and Simple language of the law , and instead relying on what they would like it to be.

This is why so many disp are raided, they do not follow the letter of the law, they want to believe dispensaries were included.

 

Up to this point. The arguments for a roof are lame and will not hold up in court.

 

Mr Cavanaugh is the authority, he is a dedicated public servant working hard for his constituents and We the People. I find is disturbing anyone would throw him under the bus because they did not get the wording they wanted.

The fact remains, a roof on a permanent structure = by definition of " Outdoor" , an indoor grow susceptible to permits and inspections

 

 

The roof, and I call it a roof because in the law it states, wood slats, which would make it a roof may just as easily be used instead of top.

 

Looking forward to winning in court, Again!

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What kind of MJ activist would push for a roof on a garden?

purpose of the mmma is to keep people out of jail/court.

 

putting a fence, chicken wire, hardware cloth, or other similar material to keep people out (but let in light, rain and air) of cannabis garden is much cheaper than a court battle.

 

if you want to fight the court battle, go ahead. but giving people advice that may get them into trouble is bad idea.

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Not going against you or Mal at all.

I am just an average citizen reading the plain language of the law.

In the context of an Outdoor grow/garden the very plain language does not state or describe a roof.

It appears there has been some back room deals and the final wording left some disappointed .

That's life.

We have to work with the language we have not what someone thinks might have been intended.

What kind of MJ activist would push for a roof on a garden?

Why don't they want to call it a roof?

What is the purpose of the roof?

If a garden has sides and roof it is now an indoor grow subject to permit and inspection. Fk that

 

Here on the farm, My Outdoor garden/strawberry patch has 8 ft sides to protect It from deer.

It is permanent , requires NO permit/inspection, and cannot be seen by neighbors.

If I were to install a wood slats roof on the Outdoor Grow. My strawberries would be subject to nasty bunny muffin dripping down on he plants off the roof, that is if there was still enough sunlight to allow the plants to grow at all.

Furthermore my strawberries would be of lower quality and yield than those growing in a garden without a roof.

Rediculous.

 

Still no explanation for what the purpose of the roof is yet from those pro roof people. They want you to ignore wood slats clearly described in the law and want you to come up with something similar that still will be challenged in court.

We don't want the law to be subject to the discretion of a cop or court or county or zoning.

The law is clear , in plain language, reasonable and refers to a Outdoor Garden. In this context , the roof is rightly omitted

 

The disp folk are finding out what happens when you want to base your model on " intents" of the law.

They were not included, they are now paying the price.

 

Cmon, to anyone who professes to understand the intention of the over the Plain Lainguage,

What is the Function of the Roof?

 

Put a fkn roof on your Outdoor Garden if you want, your product will be crap.

 

But don't try to Roofy us, We know Better

 

The real intent here is to allow Leo and the courts to use zoning laws to restrict outdoor grows?

Some have stated they feel the MMMP intended for disp too...how's that going?

 

Big money is working thru law offices to secure their piece of the canna pie.

They pushed dispensaries even though they were not in the law

They are now pushing a roof on your outdoor grow.

 

Zoning is the next big war on cannabis.

Requiring you to get a permit for a building with a roof/top. Only opens the door to more restrictive regulations and fees and inspections.

 

Those pushing for a roof are ignoring the Plain and Simple language of the law , and instead relying on what they would like it to be.

This is why so many disp are raided, they do not follow the letter of the law, they want to believe dispensaries were included.

 

Up to this point. The arguments for a roof are lame and will not hold up in court.

 

Mr Cavanaugh is the authority, he is a dedicated public servant working hard for his constituents and We the People. I find is disturbing anyone would throw him under the bus because they did not get the wording they wanted.

The fact remains, a roof on a permanent structure = by definition of " Outdoor" , an indoor grow susceptible to permits and inspections

 

 

The roof, and I call it a roof because in the law it states, wood slats, which would make it a roof may just as easily be used instead of top.

 

Looking forward to winning in court, Again!

The purpose for a top is,,,,,,,,,,,an inclosed locked grow, one that only the person with grow rights can easily access!

 

In the law it does not say you have to use wooden slats on the roof!

 

Your head is thicker than mine bawahahahaha!

 

picture a chain linked kennel!  They sell sections at most big box hardware stores, alot of dogs I owned could jump over the fence, with a chain link top on it they cant!

 

The wooden slats come in for the purpose of a privacy fence so your neighbors cant see your grow from their 2nd floor windows!

 

no it dont say that in the law ^^^^^^ with a little bit of common sense you can see what it means, if you have no neighbors or buildings that can see your out door grow there is no need for a wood slat fence!

 

It sounds to me like you want some one to get popped for not having a top/roof on their out door grow, if you use all chain link fence it is still an out door grow!

 

If you live in the suburbs most have chain link fences seperating their yards from other peoples yards!  If you have a fence in your back yard, does that mean you dont have an out side back yard?

 

You dont have to put a roof on it if  you dont want to, you go fight big brother, quit trying to make newbie growers get popped for not having a chain linked roof on their out door grow!

 

You sound like a broken fcknrepub to me bawahahahahahahaha!

 

Give us some peace and give it up, grow how you want to, Dont bring any one down with YOU!

 

Please put a chain link fence on top of your out door grow(<<not ment for you, ment for others)

 

Peace

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No one wants anyone to go to jail , so drop that

 

Fact is a lot of folk been growing " Outdoors ". For a very long time. So it seems inevitable a case will arise.

 

Would you be happy if I said...Don't try this at home kids? Geeeezze

 

Sorry, This Growing Method has been going on for thousands of years.

 

Also, to acquire Superior Product we want the plant to mature to its maximum potential .

Putting a roof on the Grow or Caging the Plant entirely will inhibit it's Growth and thus limit its potential.

 

I use the word Roof because the law states Wooden Slats. You imagine a chain link top.

 

What's the difference? Neither Roof or Top are mentioned in the law. You are ignoring the Plain Language and making rules up out of thin air ( defused of course by a chin link top)

 

Next, tobacco products actually kill thousands every year. Cannabis is a Medicine

Why don't the tobacco farms have Roofs or Chain link Tops? Because it Rediculous!

 

No one wants Anyone going to jail.

 

Rep. Cavanaugh is a true Democrat Hero in a Sea of republican Zeros

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I don't buy into the argument that if the enclosure has a top it is no longer and outdoor grow.  A dog kennel with a fenced top is not an indoor space.

 

I also don't buy the argument that because wood slats make for a bad top, the intent of the law wasn't to require an enclosed top.  An easy outdoor grow solution to prevent neighbors from seeing the grow would be to use wood slats for the walls and chain like for the top.  Just becuase wood slats are offered as one option, doesn't mean it is a good option or that one is required to use that option.

 

BUT

 

An idea to kick around:

 

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.

 

Is an eight-foot rectangular chain link dog kennel that is attached to the ground a "structure?"  I think yes.  Per Webster a structure is "something (such as a house, tower, bridge, etc.) that is built by putting parts together and that usually stands on its own"

 

How many sides does that structure have?  Four walls plus one bottom = 5 sides.

 

Making an argument that "the top is a side"  (which I have done myself) might a bit erroneous because there is no top.  It is a structure without a top.  So there is no top to begin with to even consider to be a side.  A bridge is a structure.  A covered bridge has a top, therefore the top is a side.  An uncovered bridge (the most common kind) has no top.  Therefore, there is no top side to the bridge.

 

The problem with the above theory:  If there is no top to begin with to be considered a side, but then you put a top on it, that top becomes a side.  So in other words, by the above theory, you're OK without a top, but if you choose to put a top on it, the top must be similar to chain link fence or wood slats.  This bit of absurdity creates problems with the above interpretation. 

 

This isn't advice, just fuel for discussion.

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Look up the definition of "Outdoor".

 

Webster..open air, not enclosed

 

A reasonable description of Outdoor Grow under the law would be a locked area fenced on all sides using wooden slats , chain link or similar.and out of sight by neighbors.

Naturally it is not Entirely enclosed and open air , per definition of Outdoor.

 

Again this is not a bridge or a dog kennel or a house. It's a Garden!

Edited by beourbud
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Yes not a bridge, house or a dog kennel. But it must be a structure.

 

I have a six-foot chain link fence that encloses the front acre of my property. I have an automatic gate at the driveway that can't be opened without using the keypad, wireless controller, or tools of some sort. Id like to think that I can sink some posts in the ground behind my barn (inside the six-foot fence) and simply staple fabric between the posts and grow outdoors without having to invest in fencing, a gate, etc.

 

Is my six-foot chain link fence a structure?

 

An old guy who never used cannabis until about two years ago had an outdoor grow last year down the street from me. He buried 12' 2x4s in the ground and stapled geo fabric around them. He grew his 12 plants amongst some sunflowers and didn't have any issues with LEOs or rippers. His grow was clearly not compliant. But it's fun to think he spent maybe only $100 for the enclosure.

 

Myself. I think it's kinda ridiculous that MMJ patients are subject to any requirement to keep the general public out of a grow. It isn't our job to prevent crime. That's LEOs job.

 

If I had an Rx for opiates I could legally leave my bottle of pills on the table on my deck. There is no legal requirement for me to keep the pills locked up or out of site.

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No one wants anyone to go to jail , so drop that

 

Fact is a lot of folk been growing " Outdoors ". For a very long time. So it seems inevitable a case will arise.

 

Would you be happy if I said...Don't try this at home kids? Geeeezze

 

Sorry, This Growing Method has been going on for thousands of years.

 

Also, to acquire Superior Product we want the plant to mature to its maximum potential .

Putting a roof on the Grow or Caging the Plant entirely will inhibit it's Growth and thus limit its potential.

 

I use the word Roof because the law states Wooden Slats. You imagine a chain link top.

 

What's the difference? Neither Roof or Top are mentioned in the law. You are ignoring the Plain Language and making rules up out of thin air ( defused of course by a chin link top)

 

Next, tobacco products actually kill thousands every year. Cannabis is a Medicine

Why don't the tobacco farms have Roofs or Chain link Tops? Because it Rediculous!

 

No one wants Anyone going to jail.

 

Rep. Cavanaugh is a true Democrat Hero in a Sea of republican Zeros

Ok some one going to jail is dropped!  I know we the people dont want any one to go to jail for growing mmj!

 

I personaly think the out door rule is stupid, who ever wrote it is idiotic lol, but it is in the law so we the people dont have any options other than the ones our stupid politicians write into law.

 

Putting a fence, wooden slats or simular is just so screwed up!  When I grow my vegtable garden I have to put some type of fencing around it to keep the deer out of my veggie's!  and Hell no im not putting a top side on it lol!

 

Some people realy like to push the rules (i was one of them) I have had to defend myself no less than 4 times for mm!

I personaly have spent at least one nite on 4 or 5 occasions in 4 or 5 different county hotels lol!

I realy am not crazy about jail or going to court or having a judge have my freedom in his hands while all that stuff went on.  So I now do my best not to bring attn to myself as far as mmj goes, I totaly act like it is ilegal just like I used to do when it was ilegal.

 

I personaly know some one that realy pushed the out door grow to the limit, before he had his court case over with we were natural enemy's for life lol!

 

Picture this in your head for a minute,  You worked your butt off most of your life so that you and your family can buy a home on a beautiful lake, You and your neighbors keep your property looking nice, there are always all kinds of boats crusing thru looking at your beautiful home and your neighbors homes, It is finaly paradise, you realy dont need to go camping on a lake any longer, you have one to look at, fish, boating, water ski, kyak, canu, etc, your finaly at your dream place, all of your grown children love to come visit and bring the grand kids!

 

Now your neighbor sells his home, the new owners dont take care of their home, in fact it turns into a junk yard right next door to your dream home, now not only does the house and property look like sh it, but it also brings your property value down, and  makes it almost impossible to sell when you get tired of the winter and just want to move to warmer weather,  Now your junk yard neighbor is an mm pt and a cg, he is allowed to grow out doors!  He puts his 4 post's in, wraps it with chicken mesh and grows no less than 30 plants right in the front yard.......lake side,,,,,,,,no top or roof or anything, I beleive the jerk off even put a sign up saying it was a legal out door grow and had copies of his c.g card stuck to the chicken mesh! 

 

All I try to do in threads like this is to give advise from my own personal experience's!  and give advise about the law as I beleive it to be! No im not an attny!  But I have won no less than 4 cases for mm, and I stayed in a bunch of local county hotels with no less than 10 bunkie's lol!

 

The junk yard neighbor I speak of unfortunatly was my 1st c.g,  I signed him after he got popped for the out door grow, and knew nothing of it untill it was to late!  My bad, Im old enough to know better!  I had just moved in with my lady who had 3 kids at home, 2 of them were very young and were adopted, so I wasnt willing to take the chance on growing in the home I lived in.

Most of  you know the person who was my first c.g, I dont need to say his name in here, but Im willing to bet you know him and are friends with him bawahahahahahaha!

 

The name of this thread is "Out Door Grow Is This Legal?"  So I have just shared my personal experiences as far as out door grow go!

 

This isnt the bible, I dont know how we can read the same law and come up with different versions!

 

People are going to do what they want to do, No matter what I say or tell them, I just want to put my experience's out there so they can make an educated decision, if they choose to go the wrong way and get caught that is their problem not mine, and I dont go to court case's to show support to some one who openly violated our law!

 

Peace

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Well, let me just say this.

 

If you keep bending over they will keep fkn you!

 

The base is described, the sides are described but No mention of a Roof because,

Who the hell puts a roof on a garden?

 

How can we grow clean meds if crap is dripping down on the plants off of wooden slats?

 

No one has stated what the function of the roof is.

Nowhere is a Roof mentioned or described in the law.

The Definition of Outdoor is , not enclosed, open air.

 

We Will Win this Fight....No Doubt

Edited by beourbud
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Ugh.

 

I think this has been covered ad nauseum at this point.

 

It isn't about what is right, or just, or sensible, or reasonable, or what you or I want. That plays absolutely zero in what actually is.

 

 prevents access by the general public

 

 

 

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.

 

 

If the base is considered a side, which I would never personally call a base a side IMO,  then the top is obviously a side.

 

"Prevents access by the general public" to me means a 4' fence around the yard and I can fill the entire backyard with plants and I get to shoot anyone I catch in the yard. But just because I feel that way doesn't mean that is how it is. 

 

I think there are arguments to be made about what the words actually mean in the context they are being used.  But some things are glaringly obvious regardless of desperately trying to find some logic or  reason that counters what actually is. 

 

But what I tell people on this, beorbud, if you found out that several people read your posts on this site and decided not to use a top, because of your posts, then they were arrested and eventually convicted because the law says a top is needed, how would you feel?  These people lives have been ruined, they are now felons, they lost their property including cars, bank accounts and personal items.... and all because they listened to your posts right here.  How would you feel?

 

Now, you may say this is a ridiculous hypothetical. But what I can tell you is it isn't really a hypothetical situation.  At one time several years ago there were people running this site who espoused their points of view and theories as FACTS.  What happened is a lot of people were convicted and harmed because they listened to those people.  Many Attorney friends and many victims came to myself and others stating " but on 3MA they said it was legal", or from the attorneys, " who the F#ck are the people running 3MA who are falsely telling people stuff is legal when it is clearly not".  Those people who were running this site then, IMO, are scum and bear serious responsibility In misleading those people. 

 

 So what I am saying is this beourbud, please continue to espouse your theories. I do as well.  But please caveat what you say, at the end or something, that it is merely opinion or that "to be safe, put a roof on the dam thing".   Say "I believe this", but if you want to be as safe as possible until we know different or my theory is proven right, 'put a wire roof on it'; or something along those general lines.

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I think it is Important to fight for what's right and reasonable or else we end up with hasterts, Snyders,coursers and gamrats.

 

An 8 ft fence would suffice

 

Cage Free Sun Grown Natural Organic .....it's what they want.

 

Apparently we have a consensus that the "top" on an Outdoor Grow is rediculous.

 

Why would anyone want to spin the law in a way that puts a top on a grow? The plain language does not , nor should it include a top. Of course with reps like Snyder, jones, moolenar schitty, Kesto courser an gamrat we are going to get raped and ripped every chance they get. Thinking removing theses miscreants from office is a higher priority than putting a roof on a garden

It walks and talks like a back room deal to screw the Cage Free Cannabis folk.

Them people know they dope. Trees I'm tellin ya. And why not? We need to get these meds to the sick, let's do it the most efficient and economical and Natural way.

 

Free the Weed

 

Not buying the ,What if someone reads this. It's my opinion. It's the Internet. Nuff said

 

The majority in Lansing suck! Let's do something about that. Vote all republicans OUT!

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