This article was originally published on the Marijuana Patients Organization site on July 15, 2011.
Important facts to understand if you are currently or considering becoming a medical marijuana patient in Michigan.
- You must be a Michigan resident to obtain a patient card. This means that you must have Michigan address and identification. If you move out of state you will not be able to renew your card.
- You may possess up to 2.5 ounces of useable marijuana.
- You may grow plants if you have not nominated a caregiver.
- The Michigan Medical Marihuana Act protects card-holding patients from criminal prosecution.
- A patient may be a caregiver for no more than five other patients. You can grow up to 72 plants if you are a patient and a caregiver for five other patients.
- You must keep your plants inside of an enclosed, locked facility.
- Carry your card on your person when you possess medical marijuana.
- You must notify the Department of Health if you no longer qualify under the MMMA.
Do Not:
- Use medical marijuana while driving.
- Use medical marijuana in public.
- Use medical marijuana on public transportation such as a bus.
- Trade medical marijuana in public, in a car, or out of a car trunk.
- Carry more than 2.5 ounces of marijuana.
- Carry medical marijuana without your card on your person.
- Grow plants outside of an enclosed, locked facility.
- Allow anyone (except your caregiver) into your grow room.
Growing Legally
You must grow your plants in an enclosed, locked facility. The Act defines this as “a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.” MCL 333.26423(c). Courts are struggling to determine exactly what this means. While it seems simple enough, there are a lot of elements to be sorted out. The following information will help you to grow legally. Keep in mind that this information is not a substitute for legal advice. Refer to the MPO’s attorney list if you need legal help.
Current Michigan case law is that an outdoor grow, where the enclosure, a dog kennel, where the walls are a fence covered with a tarp, and there is no roof, and the entire assembly can be lifted and moved around easily is not an enclosed, locked facility. People v King {CITE}. In that case the Michigan Court of Appeals reasoned that in interpreting a portion of the statute, it is important to look at the words surrounding it. Here, it was a closet or room. The court expanded this to mean that the intent of the legislature when enacting the law was that it would be similar to a closet. Therefore, the idea of a room within room was born. Meaning that the enclosed locked facility must be a closet or other interior room that can be locked.
The next issue with growing is in regards to who has access to the grow room or enclosed locked facility. Recently Attorney General Bill Schuette released an opinion and indicated that only the patient and caregiver whose plants are growing in the grow have access. The opinion went on to state that a caregiver with 5 patients must have separate, enclosed, locked facilities for each individual patient. Attorney General’s opinions are not binding on courts, but they are binding on state agencies, such as prosecutor’s offices and sheriff’s departments. This means that those agencies can use the AG opinion in its interpretation of the law. But because courts are not bound to follow it, a judge can decide that the opinion is improper and chose not to adopt it. If the Court of Appeals or Michigan Supreme Court adopts the opinion, then it becomes law for all lower courts.
Co-ops and collective grows are not specifically mentioned in the law. This means that they are not per se illegal, but they are not expressly allowed either.
If you have questions regarding growing, your grow facility, or sharing space with other growers, it is best to contact an attorney to advise you specifically.
