Can a caregiver grow up to 72 plants plus have an additional 12 for recreational pursuant to the Michigan Regulation and Taxation of Marijuana Act (MRTMA)?

No. If a caregiver adds any additional plants to a facility, the caregiver would no longer be permitted to use the Michigan Medical Marijuana Act (MMA) as a defense.

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Michigan Medical Marijuana Act (MMA) Caregiver Cultivation

The Michigan Medical Marijuana Act states that a caregiver may possess up to 72 plants in an enclosed and locked facility.

Any more plants would mean the MMA could no longer be used as a defense.

The MMMA requires strict compliance with the act.

Adding more plants than what’s 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 doesn’t differentiate between 12 personal plants and medicinal plants.

Therefore, only 12 plants total are permitted per residence.

This doesn’t prevent a caregiver from possessing their allowed number of medical plants at another location including another home, which doesn’t 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’s 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’s then punishable by up to 93 days in jail.

Why You Need Cannabis Corporate Legal Services

Michigan cannabis laws and regulations are extraordinarily complicated.

They’re made more difficult to navigate as marijuana is still illegal federally.

To protect your and your business’s best interests, we recommend speaking with one of our experienced cannabis attorneys.

Facing marijuana related charges? Request a consultation now.