Clarification Of "public Place"

[Diminishing Hope]

I looked through previous posts to make sure I wasn't asking a question that has already been asked on here, and I didn't find it anywhere. Please forgive me if I overlooked it.

 

Under the MMMA Law, it states that we (registered patients) may not smoke marijuana "in any public place". I could find no further clarification of the term "public place" anywhere in the law and I decided to ask here. I live in a subdivision with 1/4 to 1/2 acre lots so neighbors are never far away. Although my immediate neighbors pose no opposition to my use, indoor or out, I am concerned about the potential of other neighbors calling LEO to check things out. Am I free to smoke my meds anywhere on my property? Can I legally smoke outdoors, e.g. while mowing the lawn, washing my car, or sitting on front porch, providing I stay on my property? It's easy enough to smoke indoors and head outside afterward, but if I can do so legally, I wouldn't mind relaxing on the porch enjoying the weather and my meds.

 

Also, I was recently out of town staying in a hotel (still in MI). As hotels are typically non-smoking, I retreated to my vehicle (which was parked on hotel property) to medicate. In 'respect' of the law, I did not sit in the driver's seat. However, the keys were in the ignition (vehicle not running) in order to open the moon roof and listen to the stereo. In this scenario, was I acting within the law? If it is illegal due to the keys being in the ignition, would it be legal if they were not? Can I simply use my vehicle as a smoking facility? What are our options for smoking when out of town but within the state?

 

Thanks in advance for any replies.

[Kingdiamond]

From my understanding anywhere outside your home is a public place unless the property owner / manager allows for the consumption of cannabis on their property.

[+EdwardGlen]

There seems to be as many definitions for a public place as there are public places, according to some definitions. I was told by a MSP Trooper that if the public can see you, you're in a public space even in your own yard.

 

I'm still looking for that law...

[Diminishing Hope]

I didn't figure that the vagueness of the written law would benefit the patient in this case. EG - If what the trooper told you was accurate, it seems that even if you were medicating inside your own home near a window, you could still be visible to the public. With that logic, you would still be in violation of the law even within your own home. It's a shame that we have to 'hide' in order to medicate, but until there's more clarification on what constitutes a public place, I'll probably keep making trips to the basement to be safe from the law. It kind of makes me feel like I'm doing something wrong or criminal, even though I know better. Thanks for the input.

[LITLJON]

This is from usleagle.com

A public place is generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose. The following is an example of a state law defining public places for smoking laws:

 

"Public place" means any enclosed indoor area used by the general public or serving as a place of work containing two hundred fifty or more square feet of floor space, including, but not limited to, all restaurants with a seating capacity greater than fifty, all retail stores, lobbies and malls, offices, including waiting rooms, and other commercial establishments; public conveyances with departures, travel, and destination entirely within this state; educational facilities; hospitals, clinics, nursing homes, and other health care and medical facilities; and auditoriums, elevators, theaters, libraries, art museums, concert halls, indoor arenas, and meeting rooms. "Public place" does not include a retail store at which fifty percent or more of the sales result from the sale of tobacco or tobacco products, the portion of a retail store where tobacco or tobacco products are sold, a private, enclosed office occupied exclusively by smokers even though the office may be visited by nonsmokers, a room used primarily as the residence of students or other persons at an educational facility, a sleeping room in a motel or hotel, or each resident's room in a health care facility. The person in custody or control of the facility shall provide a sufficient number of rooms in which smoking is not permitted to accommodate all persons who desire such rooms.

[Diminishing Hope]

LJ - Thanks for the info. I actually came across that article when looking for a clear definition as it relates to the MM law. I believe that definition is only applicable to the smoking ban that past a year or so ago. There are multiple definitions found in different laws but I don't know which of them, if any, pertains to the MM issue. It isn't specified in the Michigan Medical Marihuana Act, and I imagine we won't have a definitive answer until it comes up in court. I'm kind of surprised that it hasn't already.

[wingnut]

YES, If someone can see you, you are in the public eyes and they might turn you in, lot of citizen policemen out there...snitch is what there called I think .

Better to go to the basement and lock your self to heater, but only on Friday after midnight, some kid might be looking in at you , then your busted

[Mememe]

peep-n and tom-n just became legal?

[Dr. Bob]

The simplest and best answer I've ever heard is that if you could legally have sex there, you can consider it non-public. In your home with the windows closed, yes. In a hotel room with the door and windows closed, yes (for edibles, not smoking if non smoking room). In a car and visible through the windows, no- yes we have all done it, but getting caught is still getting caught and indecent exposure.

 

Consider this, you are smoking on your screened in front porch. You have an argument that you are in private as you are enclosed. I am on the public sidewalk in front of your house, can easily see you through the screen and smell the weed. I have an argument you are in public. If I am a cop and arrest you, you still sit in the slam eating bologna sandwiches and mopping floors while your attorney and my prosecutor settle the question. If you can be easily seen from public property (or the air for that matter), just say no.

 

Take it inside, keep it private, pretend it is still illegal. Oh wait, it IS STILL ILLEGAL on the Federal and State level, we just have a 'we'll let you slide cause you are sick' card in the form of the MMMA. Read the law again- it is still illegal but you are protected from prosecution IF you jump through hoops and follow every rule. If the law says 12, grow 10. If there is a QUESTION you might be in a public area, go to a sure PRIVATE area, don't push it.

 

Every case I've read in here or has been brought to my attention involves someone 'gently bending' some aspect of the law. They smoke and drive, they have too many plants, the facility is not enclosed by the strictest definition of enclosed (including the top and anchored to the ground), etc. I have yet to see where a qualified cardholder (with the card taped to his forehead) was sitting in his basement holding 1 0z of MMJ and smoking a joint was raided by LEO and arrested for fully complying with the MMMA. And yes, cover the window so no one can see in the basement.

 

Dr. Bob

[+Green Cross]

Hey Bob. Rich here. Challenge you to some backgammon when next through Lansing?

 

Anyway, wasn't Bob Redden raided while peacefully complying at home?

[Dr. Bob]

I don't play much backgammon. Bring money and we'll learn together.

 

I can check on Redden, but as I recall there were questions on the timing of the grow, the quality of the doctor patient relationship and some other issues. But I don't talk out of my tail, I will review it again in full before saying particulars. The point of the discussion was that most of the prosecutions are the result of 'gently bending' and in some case downright exceeding the limits of the law. I feel it is important to be more conservative and cutting their legs out- Don't give them a kink in the armor.

 

Dr. Bob

[MORE COWBELL]

Well said Rob!

[flyinstringbean]

OK,What about being inside a 5th wheel,shades closed in a Walmart parking lot? What about any RV that your in on Vacation in Michigan?Sometimes we don't stay in Campgrounds.And when we're on Vacation,I do consider this our home?They could probably smell it,but not SEE it or me using it?

[Guest Medicinal Patient]

Anyone know what ever happened to the case of the young guy up north towards rockford I believe who got in trouble for medicating on the back deck? I have to medicate outside yes even in the winter or have a fan facing out the window. It doesn't give LE probable cause to harass you if they go by a neighbor smell tip right? I wonder who I should contact about the nauseating exhaust fumes pouring out everyones mufflers