Michigan caregivers want to know whether they can grow their allowed number of plants plus the 12 permitted under the Michigan Regulation and Taxation of Marijuana Act (MRTMA). This is an important question. Can a caregiver grow up to 72 plants plus have an additional 12 for recreational pursuant to the MRTMA?
Michigan Medical Marijuana Act Caregiver Cultivation
The Michigan Medical Marijuana Act provides that a caregiver possess up to 72 plants in an enclosed and locked facility. If that caregiver were to add any additional plants to that facility, the caregiver would no longer be permitted to use the medical marijuana act as a defense. The MMMA requires strict compliance with the act and adding more plants that what is permitted is not in strict compliance.
Personal Use Cultivation Under the Michigan Regulation and Taxation of Marijuana Act
On the other hand, a caregiver is permitted to also be in possession of 12 recreational plants for personal use but only if there are no more than 12 marijuana plants total on the property. The MRTMA does not differentiate between 12 personal plants and medical plants. therefore, only 12 plants total are permitted per residence. This does not preclude a caregiver from possessing their allotted number of medical plants at another location including another home, which does not contain 12 personal plants, or an industrial building. A caregiver can possess up to 84 plants but the medical plants cannot be grown in the caregiver’s residence. Personal plants may only be grown in a person’s residence.
What is the penalty for a caregiver growing more than 72 plants?
If a caregiver were to be in possession of all 84 plants in their residence, as stated earlier, they would no longer be permitted to use the MMMA as a defense. Then what is the penalty under Michigan law? Section 15 of the MRTMA states that a person who cultivates more than twice the amount permitted (more than 24 plants) would be guilty of a misdemeanor but not subject to jail time unless they were grown for a commercial purpose. If purposefully and willfully grown for a commercial purpose the penalty is still a misdemeanor but it is then punishable by up to 93 days in jail.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”