HOW DANGEROUS IS HARVEST TIME FOR US?

[jonnynobody]

Let's imagine for a moment that due to a series of circumstances not controlled by yourself, LEO's show up near or at your residence while you're harvesting your plants and an encounter occurs.

"Hey there, I smell some fresh marijuana here. Are you growing marijuana sir?"

"May we come in and inspect?"

Multiple cars show up at your residence now the the alarm bells have begun to sing. You've got your harvest drying on your dry nets and technically, under the law, we're all going to be over our weight when the flowers are fresh and wet. If a warrant were obtained then or the next day, we would technically all be liable for felony possession, would we not?

The reason I ask this is because a friend of mine lives in an apartment complex and he was harvesting his legal grow, and 2 LEO's show up in the parking lot while he was taking a break from trimming and happened to hear some hustle and bustle outside. Not knowing if somebody in the complex noticed the smell (he has a very nice filtration system setup so detection was unlikely), or if was an unrelated matter, he freaked the fuck out knowing his buds were fresh and weighed much more than the legal dry weight it would become in several days.

The cops were apparently in another building for an unrelated matter, but nonetheless, I take pause to understand this more thoroughly. Are we all potential victims of a felony charge should LEO ever show up and want to count the weight of freshly harvested buds? I'm very concerned about this and am considering putting a lawyer on retainer in the event shit flies off the handle for the protection of myself and my wife. Apparently the fucking morons that crafted the language of this initiative never thought it necessary to define dry and wet weight. The word useable in the law is very subjective and open to interpretation. What do you all think?

 

[941mick]

(k) “Usable marihuana” means the dried leaves and flowers of the marihuana plant, and any mixture or preparation
thereof, but does not include the seeds, stalks, and roots of the plant.

 

[jonnynobody]

(k) “Usable marihuana” means the dried leaves and flowers of the marihuana plant, and any mixture or preparation
thereof, but does not include the seeds, stalks, and roots of the plant.

So I'll probably be arrested, my shit confiscated, and my family potentially traumatized until the next day when my lawyer (who I pay a lot of money to) explains that to a judge in a probable cause and motion to dismiss hearing, right?

I'd like to believe that LEO's abide by the law, but I just have to wonder man. If it were just me, I wouldn't give a fuck. My family on the other hand, I love and would never want to put them in harms way. I'm willing to be a martyr, but I'm not willing to martyr my family.

Have there been any publicized cases of LEO trying to charge people for wet weight?

 

[941mick]

So I'll probably be arrested, my shit confiscated, and my family potentially traumatized until the next day when my lawyer (who I pay a lot of money to) explains that to a judge in a probable cause and motion to dismiss hearing, right?

Depends of the officers and their understanding of the law.

It's not too hard to set up a harvest schedule, so this is not a concern. You just have to know what to expect yield wise per plant and only grow an amount of plants to stay under that limit.

I cant tell you the amount of customers at the shop that are growing 50-72 plants outdoors. To me your just asking to go down hard with that many plants outside. As soon as you chop down and dry your 25-50+ pounds of cannabis your straight fucked if LEO comes by.

 

[Lionden]

Ive been thru 2 raids and 2 so called inspections all 4 times they weighed dried bud and didn't even bother with what was wet and I keep all jars dated and rotated so I am always curing, as far as I was told by MSP and Sherriffs but it could be different depending on which dept it is that they only count the dried flowers, and usable marijuana is kind off a catch 22 cause for me personally usable means cured so that's what I go for and also why I date all jars religiously.

 

[jonnynobody]

Thank you both for your responses, I definitely feel a little better now. I just don't much care for LEO and I have never really considered this before until yesterday. I don't have anymore than 5 plants going at any given time, so I'm certainly no big fish. I'm just not a fan of cages and neither is my family

I like the idea of labeling the jars. That's a very good idea.

I can't wait for the day when we live in a society where we can grow a fucking herb without worrying about how much it weighs for fear of being 'saved from ourselves'.

 

[941mick]

It also helps if your patients are willing to cure a portion of their own meds. This way if you do harvest say 30oz you can you can have patients cure half of it, and everyone stays legal...

 

[Lionden]

This Mi system is so freakin wacky, its taken me since dam 2008 to dial everything in so I never go over my allowed 72 plants or my MI #, but ive passed all police scrutiny they have thrown at me. so I guess its dialed in, wondering if anyone else has gone thru and "inspections" of their grow.

 

[941mick]

This Mi system is so freakin wacky, its taken me since dam 2008 to dial everything in so I never go over my allowed 72 plants or my MI oz, but ive passed all police scrutiny they have thrown at me. so I guess its dialed in, wondering if anyone else has gone thru and "inspections" of their grow.

Ive only been through building inspections, where the inspector said he was notifying the authorities that I was cultivating marijuana. It's been 9 months, and still no police....

 

[DrunkenRampage]

This Mi system is so freakin wacky, its taken me since dam 2008 to dial everything in so I never go over my allowed 72 plants or my MI oz, but ive passed all police scrutiny they have thrown at me. so I guess its dialed in, wondering if anyone else has gone thru and "inspections" of their grow.

What is this "MI OZ" I keep hearing about?

 

[941mick]

What is this "MI OZ" I keep hearing about?

i think he meant MI pound which is 15oz.

 

[fluffygrrrl]

this happened to my outdoor grow 3 years ago. I had 42 plants in the ground, and 11 12 foot tall plants plants hanging..(i had just cut the day before). I was below my 72 plant limit, but over in cut product. they counted it as unusable since it wasnt dried. Had helicopter, and 5 cars. Despite my lawyer telling me not to open my pole building with my drying meds, I did, and they didnt do anything, other than tell me my 8 foot fence was inadequate. I had a greenhouse ready to install, so I told them I was putting that up, and they told me that would work or to move it to the pole building. They were all arguing between them on their interpretations of the law, though, which was very nervewracking. They later told me if I wouldn't have opened up the pole building,they would have arrested me. They haven't been back and I hope it stays that way. I always stay under my plant count...but cops are so unpredictable...you piss one of them off, or they want to meet a quota or earn brownie points and they will throw the book at you.

 

[Resinxtractor]

Hopefully by the time I harvest my 2 outdoor plants hash will be legal and I will make fresh frozen bubble from both plants. A 10% yield from 2 pounds of bud would be around 3 oz well under my limit.

 

[NurseNancy420]

TNT and bayonet smoked up over 5 pounds that was on the racks. All charges dismissed but no meds returned... Never showed up on any report other than Undetermined weight

 

[TheMan13]

Anything over an ounce is considered felony trafficking (some how "beyond a reasonable doubt" and regardless of "due process" of law), not simply felony possession.

I'd argue that the 12 plant and 2.5 ounce per patient possession limits referenced in MMMA are in regards to transport, not your home as that is the epitome of your 4th Amendment Rights and should go without saying. This will become more apparent as HB 4271 attempts to codify "overages" and caregivers begin moving MI pounds (2.5 x 6 = 15oz) on the regular documented by this point of sale recording system. Then again I'm no lawyer and reasoning with the unreasonable is no exact science.

Finally if that knock happens to be federal agents: game over. There is simply no such thing as a medicinal patient, you are a criminal no matter your math and MMMA will become quickly apparent as the entrapment it truly is ...

 

[jonnynobody]

(k) “Usable marihuana” means the dried leaves and flowers of the marihuana plant, and any mixture or preparation
thereof, but does not include the seeds, stalks, and roots of the plant.

Ya know mick, with that plain language it makes you wonder how the State Supreme Court was able to infer that concentrates and medibles are not allowed under the law. "Any preparation thereof"

Anytime you get police and politicians involved in logic, things just go sideways.

 

[NurseNancy420]

Fuck em all..
Vote out your prosecutors n judges

 

[941mick]

Especially when you go further down the legal rabbit hole...

“Marihuana” means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.



7106 of the public health code, 1978 PA 368, MCL 333.7106.
(3) “Marihuana” means all parts of the plant Canabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

 

[GregS]

However unlikely you would find yourself arrested it does happen. There are many instances of police officers wishing citizens a good day after having seen proof of registration. They are not permitted to search once you have shown your card. No competent magistrate will sign a warrant given only the facts you describe.

 

[reasonevangelist]

Especially when you go further down the legal rabbit hole...

“Marihuana” means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.



7106 of the public health code, 1978 PA 368, MCL 333.7106.
(3) “Marihuana” means all parts of the plant Canabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

Translation: "includes all parts, but does not include all parts."

Makes perfect sense!