Knowing what is considered an enclosed locked facility is essential to protecting yourself under State Law.  If you fail to comply with the definition of the law, you lose your section 4 protections and open up yourself to harsh prosecution.  In many instances, a loss of section 4 protections results in a charge of unlawful manufacture of marijuana.  This is a FELONY offense and can have major negative consequences for the rest of your life.  For this reason, it’s imperative that you follow the definition and regulations of an enclosed locked facility (Indoors and Outdoors).

Enclosed Locked Facility Definition For Indoor Grows

At first, the Michigan Medical Marijuana Act defined an enclosed, locked facility as “a closet, room, or other enclosed are equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.”  By reading this previous definition, you notice that there is no clear difference between growing your plants indoors vs. outdoors.  This caused alot of confusion and the state created HB 4851 which made a clear distinction between enclosed locked facilities indoors vs. outdoors.  With the passing of this bill, the definition for an enclosed locked facility INDOORS is as follows

“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.”

It’s vital that you comply with this new definition considering the consequence if you don’t.  If a caregiver or patient fails to follow this definition they will most likely be charged with marijuana manufacturing which is a felony criminal charge.

Enclosed Locked Facility Definition For Outdoor Grows

When HB 4851 was put into effect, it created a specific set of regulations on the outdoor growing of marijuana.  Unlike before, there is now a lengthly list of rules which must be met if you decide to grow your medical marijuana outside.  In order to comply with these new regulations, your outdoor grow must

  1. not be visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure;

  2. be 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; and,

  3. be 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 marijuana plants are grown

  4. be 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.

HB 4851 Creates Additional Requirements & Confusion

Even transporting your marijuana is now more difficult under HB 4851.  For information about the specifics of transporting marijuana, click here.  Obviously, this bill makes the definition of an outdoors enclosed locked facility much more strict and confusing.  If you fail to comply with only one of these requirements you will lose your section 4 protections and possibly be facing felony criminal charges.  If you plan to grow outdoors, make sure that you follow these regulations closely and it would be wise to have a consultation with an attorney who is familiar with these Michigan Medical Marijuana laws.  If you are looking an experienced marijuana attorney in Michigan, give us a call today at (517) 347-6900 for a free consultation.