Be Careful, Be Cool, Don’t Forget the Plain View Rule

You have every right to grow a half dozen female marijuana plants outdoors in your own yard…out of plain view (the plain view rule). Hmm…There is no Case Law on this subject, yet. As long as an ordinary person, in an ordinary pursuit cannot see your girls,  you should be alright. Your backyard, or at least your erb garden, should be “Hidden” behind a fence that is locked. This is only somewhat problematic. In Denver County, this jurisdiction allows 2 adults per property to each grow 6 plants…no more than 12. You can grow 12 big plants in 430sq. ft. to 600sq. ft. of space.

I like big hay-bale sized cubes of Peat Moss to mix into my compost that I will mix with last year’s soil. In a month or two from now, when I’m up-potting all the females into the biggest containers I can find…I’ll mix in a cup of fine Dolomite dust into each container. I’m using as big a container as I can find. I can’t bring myself to dig holes or to dig a trench in my backyard, so I’m still using large containers full of soil.

My soil blend is: 1) last years soil minus the stalks and roots, 2) as much compost as I have made over the year, 3) a few bags of mid-priced store-bought soil. When full of soil these containers weigh a lot, so they’re not very mobile, but I can shove them around a bit. A plant grown in a 20 inch tall container should only be allowed to grow 4 1/2 feet tall…the neighbors, you know. The Plain View Doctrine. Plants grown in the ground can get up to 6 feet tall before being clipped, but you should probably clip off the branches from the bottom one foot of the plants to prevent powdery mildew.      

If you can…put up a wooden skeletal structure under which to grow your backyards’ plants. You’ll be able to tie some limbs up and you’ll be able to throw a tarp over the top to keep out the hail. Hailstones and hard rain can strip your plants…and it often happens in September when you really don’t have the option of starting over (until next season). Putting up a wood or aluminum structure can cost quite a lot of money. I’m so broke and cheap that so far I haven’t put up a trellis structure. But after these past two years of bad weather in September and October, and having lost 20% of my yield two season’s ago and at least 25% of my yield last season. I’ve gotta do something. It is too depressing to see most of my crop laying in the mud. Big buds hold water and get heavy. In high winds with only moderate rainfall, the limbs get to flapping around and quickly break off from the stem. Even if they are laying in the mud on the ground in a puddle of water, you can probably use that to make keif. Even, or especially, if that limb had another 2-3 weeks to go before harvest, you can probably make keif out of it after you’ve rinsed it off and dried it out.

Anyway, the fools on the the hill might force us to grow outdoors in a cage. I’ve always wanted to put  up an outdoor greenhouse like structure, but I don’t want to be forced to do it. It messes up my thin finances.

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Amendment #64, section 3(e) gives me the right to help other adults to grow their own medicine.

Amendment #64, section 3(b) allows us ” to grow no more than 6 marijuana plants…”blah, blah, blah,” provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale”. This is the “Don’t grow it in Plain View Doctrine”.

One last thought…wouldn’t the sight of a new (to the neighborhood) tall trellis structure be an attractive nuisance?  Let’s see what the pols at the Colorado Statehouse tell us to do.   Will they be coming after my tomatoes next??