Indoor Grow: Can It Be Visible?

[iwombat]

I know the MMMA states that outdoor grows should not be visible to neighbors:

 

"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..."

 

However, I cannot find anything about visibility with regards to indoor grows.  If my indoor grow has locked doors and windows, is there anything illegal about opening the windows in the daytime to let the light in, thereby making it visible if you peep inside.

 

I am not interested in setting them out on deck for all to see, but while they are still small and eating lots of light, can I open up the windows drapes and let some extra light in without violating some provision of the act?

 

 

[pergamum362]

I dont know why you would want to invite peering eyes to see what you have.

[iwombat]

Let's change the premise to an accident.  If someone accidentally views an indoor grow from outside, is it a violation of the statutes?

[t-pain]

SHOULD be ok. but do you really want to be the first one they arrest because the "law isnt clear" ?

 

(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.

 

as long as someone cant reach in the window and grab the plant...

 

i mean, is this a window in your house , on a busy subdivision/street? or just your house in the middle of nowhere?

[iwombat]

I live in a rectangular apartment with windows at only one end.  Walking path goes by that side.  That is the room where plants are.

It is nice to open the curtains once in awhile, otherwise I feel like a live in a dungeon.

 

WIth bushes and plants, you would have to be peering in pretty hard in the daytime to see anything.  

At night, it is pretty visible so I definitely close the shades.

 

[After this summer, I plan to get a grow box.  So this arrangement is only for the current grow.]

 

My only excuse is that grew my last five crops outdoors in California, where it is not

illegal for them to be seen.  They were in the back-yard, plain for all the neighbors to see.

Fire and police came through during a wildfire.  Nobody had the slightest problem

with it.  And it was a five person garden!  Only got burgled once, when the garden

was too far away for the dogs to hear.

 

Anyway, I don't mind being cautious, I just have a hard time being super paranoid...

Edited June 11, 2016 by iwombat

[Willy]

 

 

Anyway, I don't mind being cautious, I just have a hard time being super paranoid...

Here in michigan it just come on you.. better to be super paranoid than in jail or court for a few years.. 

[williams2311]

I don't think its being paranoid. I think its being careful also keeping you and your home safe from unwanted guests.

[iwombat]

So far only t-pain has addressed the question.  

 

Wise, careful, safe, paranoid, whatever... does it violate the statutes like a visible outdoor grow?

[pergamum362]

So far only t-pain has addressed the question.  

 

Wise, careful, safe, paranoid, whatever... does it violate the statutes like a visible outdoor grow?

honestly i dont think any one of us can anwser that question with 100 percent certainty. The courts have there own interpretations of the clear language, that sometimes differs completely from what is believed to be the intent of the act.

[AmishRnot4ganja]

When the MMMA was "New" it was assumed that visible plants outside were ok because the law didn't address plant visibility. The legislature changed that. I believe that the law currently only addresses plant visibility in outdoor growing situations. However, no one foresaw the twisted court interpretations of the law, so I would just assume that they would find some way to burn you if you have visible plants.

[t-pain]

It's more to do with someone seeing your plants and complaining to your apt owner and him kicking you out.

 

that's what I would be concerned with

[Budz-4-U]

Why would you ever want anybody to see what you have ??  Between neighbors calling the cops, or wanting to break in, probably not a wise choice.

[newonions]

very unsafe, any rogue person walking buy that sees that would quickly go through your window and snatch all that up, especially in a apartment complex, tint the windows and keep it shut and locked.

Edited June 12, 2016 by newonions

[phaquetoo]

So far only t-pain has addressed the question.  

 

Wise, careful, safe, paranoid, whatever... does it violate the statutes like a visible outdoor grow?

and enclosed locked room dont have windows w/o locks on them, if you can't keep people from entering you are not locked and enclosed!  I would not consider the screen a locked enclosed room or closet!

 

It dont realy matter about other people seeing them,,,,,,If you built a room out of bullet proof see thru glass and had it locked and secured, it would be legal in your home!

 

open unlocked window's would be ilegal if it came down to it, I would not want to be the first one to fight it would you?

 

Peace

[imiubu]

Good question.

 

I live on the 2nd floor and I have one window open nearly all the time.  I do have lots of tree coverage and that window is up higher on

the wall + it's position makes it impossible to see inside from the neighbors upstairs rooms.  The light permeating out of the window

is my concern, more so in the winter months when the trees have no leaves.  I use the window for heat control though, not light.

 

If I were on the ground floor, I would not leave blinds/ curtains or windows open to my grow area.  Not due to legalities but for my

own safety.

 

 

Edit to add:  I have a grow tent also, so if by some slim chance someone does see in, they will see only the top corner of the tent

and hopefully not know what they are seeing.

[t-pain]

put a towel on the tent. then it just looks like a towel.

[imiubu]

put a towel on the tent. then it just looks like a towel.

 

I thought I might hang my HT poster there LOL. jk of course.

Good idea t, thanks.