Patient in my garden

[Jody]

I have a question I have heard so many diffrent answers too so let's see what we get. Can a patient be in the caregivers garden with there plants and it not be a violation? 

[Restorium2]

Just 12. Just give access to 12. By the way, every adult in Michigan can have access to 12, not just patients. 

[Jody]

So I am the caregiver and i live with one of my patients and we had a visit from the police i was at my day job my patient was home and in the garden in witch we only had 11 plants in this room that he had access to at the time when the knock at the door came he answered it and they decided since they could smell pot because he was smoking in our home they got a search warrant found that room unlocked at the time of search and took all 22 of my plants i had 11 more out in the flower room that was securely locked and the patient did not have the key to that room he only has access to his 11 plants so i have been trying to find were in the program laws its says that a patient can be in with there own plants..

[Restorium2]

Now that the police messed up the whole scene this will have to be sorted out with the prosecutor. Most likely the prosecutor will drop this if there are no other complicating circumstances. Not much of a crime described here. 

Smelling marijuana isn't even a reason for a search warrant by the time your case goes to trial with Michigan Legalization. The whole case should be dropped as long as the cops' story is the same as yours. 

[Michael Komorn]

Try not to talk about your pending case in public, the prosecution could use any posts you make as evidence against you.

In the details you provided, it will come down to a Time and Place , and whatever utterances or alleged statements made by you / your patient. If the house was locked, that's a locked and enclosed facility. But it will be a fight. Call me if you want to fight.

 

There is established case law on this, and it is not good.

 

in people v redden the court found that a patient could not possess more plants than their card allowed for.

http://komornlaw.com/mmma-court-case-library/ 

http://komornlaw.com/wp-content/uploads/2018/05/People-v-Redden-295809.pdf 

 

Further in People v Bylsma they said that caregivers could not grow in the same room either.

http://komornlaw.com/wp-content/uploads/2018/05/People-v-Bylsma-302762.pdf

 

The courts have come to the conclusion that this language in the MMMA defining an enclosed locked facility means a patient OR caregiver can have access , not both.

http://legislature.mi.gov/doc.aspx?mcl-Initiated-Law-1-of-2008

Quote

(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:

 

See the bold and underlined part above.

 

Prosecutors will continue to prosecute these kinds of cases. Call me at the office and my lawfirm can defend these charges. 1-800-656-3557  or visit http://www.komornlaw.com 

[Restorium2]

What about growing your 12 recreational plants? 12 per house. I don't see rules that say it has to be locked up like Fort Nox.

Be careful how you designate the plants. Don't forget everyone can have 12 plants and 10 ounces now. Just keep it away from the kids. 

Legalization has given us a better position of strength so use it. Prosecutors need to factor it in when there's an adult having access to plants. Also, the odor of marijuana is legal. Get your story straight before the jack booted thugs bust into your home using a bad warrant. We need to grind them into the dirt when they do that. Make an example out of these perpetrators! The people have voted and they need to follow the law. This is not a lawless society. The people voted for this BS to quit. 

 

[Jody]

I agree we are gonna fight have already spoke to a lawyer now we just wait to see if the prosecutor even does anything about it we are hoping that they just toss it out after reviewing what the lovely officers did for no reason at all.