Drug Free School Zone

[miko]

Is it legal to grow with in a drug free school zone?

[jon165]

I was concerned about this too. Too bad MDCH's website only has this to say:

 

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.

[miko]

is it legal to grow at someone elses house ? say i know someone with a spare bedroom could we sign a rental agreement contract that states im the renter of the room and therefore responsible for the contents.

[Ryoki]

While looking around I found this at: http://www.brucealanblock.com/pages/Michigan_medical_marijuana_dispensaries.html

 

I would copy and paste but the site won't allow it. you might find it interesting.

[Zombiefied]

Copy and pasted from there site....

Drug Free 1000 Foot School Zones.

 

Do NOT forget that federal law has a 1000 foot, "Drug Free Zone" around schools, playgrounds, public swimming pools, and more. The distance is measured "as the crow flies." Do not make the mistake of measuring the distance using MapQuest, Google Maps, or Yahoo! Maps, as these programs measure distance using public streets and public access roads. For more information about how to correctly measure 1000 feet click here and scroll down to the bottom of the page.

 

The penalties are severe for federal drug crimes, including possession and manufacture of marijuana, that occur within the 1000 foot drug free zone. Marijuana remains illegal under the Federal Controlled Substances Act. The Michigan Medical Marihuana Act does NOT protect you from federal prosecution, which has severe penalties including property forfeitures.

 

Michigan also has its own version of the 1000 foot drug free zone around schools and other public facilities. Whether the Michigan Medical Marijuana Act trumps the state's 1000 foot drug free zone remains to be seen...

[Homes Labs]

I would not suggest it. But I have heard board members from the MMMA say that we are protected...

[Zombiefied]

Well Michigan does not have to obey federal law, and in our law it does say that all other laws and acts that conflict with our act, that is is void....so its a should be legal, as you should be able to get your norco and take it in a drug free school zone, but i am sure if LEO got wind of it, they would try to get you on it....

[trix]

GREAT TOPIC !!!

 

Man I am fighting with my landlord to relocate me, I'm less then 200 ft from a "community center", from what I read in the laws stated above and others it isn't defined by the state.

Soooo.... I did just that I contacted a lawyer, actually it was the one that the doctors office gave me as i left inside a pamphlet of rules and what not , thats how I was referred to this site.

The lawyer said Its Federal law and it IS against the law in Michigan, Also he stated "using "" not processing" a gun while in a drug free zone was also illegal in the state of Michigan.

 

Trix

[lkline300]

I am probably going to catch u heck for this but maybe it's not a good idea just because it's not the right thing to do, Legal or not. The kids already have enough distractions. And it doesent look very good in the eyes of the rest of the community. They showed compassion for us with their vote but if it comes down to us or the kids they will come down on the side of the kids. Its a public relations nightmare for us....

 

Again I understand that 99% of the time its not a problem And that sometime people can't always chose where they live and They still have the right to their health care.

 

Its just not widely enough accepted yet & I think LEO will try to draw a hard line in the sand when it comes to this.

 

I am not saying if its legal or not I can't tell by reading it . I just don't know if you would get much piece if anyone found out.

[Celliach]

First off, Michigan does have to obey federal law. However, they do not have to enforce federal law. Big difference!

 

Possession in a school zone is an accessory crime. You cannot have the charges brought against you unless you are alledgedly breaking another law. So, if you are legally able to possess cannabis as medicine, you are not breaking the law, say, by having it in your home if you live right across the street from the school. This would apply to the state version of the law and not the federal version.

[Zombiefied]

First off, Michigan does have to obey federal law. However, they do not have to enforce federal law. Big difference!

 

Possession in a school zone is an accessory crime. You cannot have the charges brought against you unless you are alledgedly breaking another law. So, if you are legally able to possess cannabis as medicine, you are not breaking the law, say, by having it in your home if you live right across the street from the school. This would apply to the state version of the law and not the federal version.

 

Then how did Michigan Pass the MMMA, a act that gives patients the right to use and grow Cannabis, Cannabis is a Schedule 1 drug under Federal Guidlines, Schedule 1 says that there is no medicinal value and highly dangerous. So tell me how we have the MICHIGAN MEDICAL MARIHUANA ACT if we HAVE to follow Federal Laws....

 

Also, How can you obey federal law, but not enforce it? Wouldnt that be not obeying federal law?

[Ryoki]

Then how did Michigan Pass the MMMA, a act that gives patients the right to use and grow Cannabis, Cannabis is a Schedule 1 drug under Federal Guidlines, Schedule 1 says that there is no medicinal value and highly dangerous. So tell me how we have the MICHIGAN MEDICAL MARIHUANA ACT if we HAVE to follow Federal Laws....

 

Also, How can you obey federal law, but not enforce it? Wouldnt that be not obeying federal law?

 

 

 

Amendment 10 of the US Constitution

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

 

That's how.

[chernobyl]

you should be safe as long as you follow state law. it is federally illegal to grow in the first place. growing in a school zone is usually just additional charges you face. they can bust you anyway for growing and if you happen to be in a school zone is harsher punishment. but if you follow state law, hide smells, and dont tell anyone, there should be no reason for them to come in the first place.

 

i've had federal agents see a grow i had a couple years back which was right by a school. i dont want to give too many details for privacy reasons. i had a friend who was suffering from a legit medical condition. i was her legal caregiver and grew 24 plants in her spare bedroom. 12 hers, 12 another patients who i care gave for. the room was locked at all times. one day her boyfriend and his son committed a serious crime. neither my friend or i were involved nor did we know anything about it. all the sudden here comes the fbi and a whole bunch of cops to search the house for the father and son. we fully cooperated since we knew this was a very serious situation. we handed them the key for the room and let them search inside. they looked all over everywhere. they seen everything. they arrested the 2 trouble makers and told us that they're not worried about the marijuana. we showed them the documentation and they didnt even really seem to really care about anything. they left everything as it was and even complimented the setup. i sure was shaken up for the next several days.

 

if you got like a huge operation or warehouse, then i'd be worried. if you got a small to medium personal grow and are staying within legal limits you should be fine. i'm not saying for sure your not going to get busted though. i do know a lot of people that grow in a school zone though and i have yet to see someone get busted for it.

 

this reminds me of another story. a different friend of mine had a small setup but it smelled so bad because he didnt have a carbon filter and it was venting towards his neighbors house which was close by. they could smell it in their yard. the neighbors called the cops because they're jerks. cops goes over there and my friends actually let them in and see his setup. he showed his card also. the cop says something like i see you got your paper work posted your good to go but just so you know this is in a school zone and that is kind of a gray area. bottom line is they did nothing about it.

 

i wouldnt encourage anyone to grow in a school zone. in fact i would say stay out of a school zone just in case they change the definition of the state law. if your already in a school zone though, i wouldnt really worry unless they change the definition. remember, if you just got a small personal grow, chances are you wont be seeing the feds unless you're a trouble maker. if you're in trouble a lot with the law then you probably shouldn't be growing to begin with.

[trix]

I so recall this topic in the upcoming bills about school zones and church a in a phone will find the bill number soon as I get to a pc

[TheHarvester]

Google failed me, but I remember reading that the % of land in Michigan that is considered to be a school zone is staggering.

[phaquetoo]

Is it legal to grow with in a drug free school zone?

 

yes you can grow them right in the flower beds at the schools!?! lets see can I have morphine if I live across from a school, vicoden, xanax any kind of legaly gotten drug? can I own a weapon, can I smoke tobaco also?

 

Peace

Jim

[The Digital Nomad]

It is local ordinances you should check - some cities prohibit caregiver 'business' near the school zones. A lot of these ordinances do not prohibit patients and their grows, as per the MMMAct. Birmingham and Royal Oak come to mind as the most restrictive city ordinances.

 

One case in example - Auburn hills, about 2 years ago, A guy grew his 12 plants outside, a 4 foot fence was between a sidewalk used by school kids to walk to school everyday.

No cover, no privacy fence, no brains - he of course was charged for not having his grow secured.

 

In most cases - an indoor grow, a regular looking house, no marijuana leaf flag flying on the front porch - who is to know there is a medical grow there?