Have a question about Michigan Medical Marijuana LAW, GROWING FOR PATIENTS...

Discussion in 'Medical Marijuana News' started by cgrizzle3, Aug 5, 2010.

  1.  
    cgrizzle3

    cgrizzle3 Active Member

    I was wondering if there is such thing allowed as a co-op grow. For example, i have 5 patients, and a buddy has 5 different patients, can we grow in same house? Also, how can Compassion clubs allow the sale of marijuana? Is this legal in MI? If so, whats the rules on someone selling at their residence to other mmma Card members? Also, can a person have 2 and a half ounces on them per patients, or just 2 and a half in general? Please anything you guys want to let me know about staying safe, i would love to know. Thank you for your help...
  2.  
    deprave

    deprave New Member

    Yes you can team up with another caregiver but the problem is the federal penalities stiffen and you are more likely to be pursued by the DEA and charged federally the more plants you have...At the very least you need to stay under 100 in one place.

    Compassion clubs can allow the sale of marijuana because they dont make rules, patients and caregivers are free to do what they want but they will 'ask you to stay within your limits' - Patient/Caregiver Transfers to Patient/Caregiver is debateable - to this day nobody has been charged with transfering from registered person to registered person (how could they anyway unless a cop with a card did a sting or witnessed it and even than it wouldnt be really worth it cause there is a good chance the cop would lose in court, like I said transfers are highly debatable but In my opinion they do side with patients/caregivers), because of this somewhat grey area most people are reluctant to sell more than a gram or two to someone they dont know. That I know of, one man was arrested once or getting his meds from someone who wasnt his registered caregiver, he was released and charges dropped the following day. My interpretation of the law is that any transfer between registered caregiver/patient is legal but some people disagree so it is wise to be cautious especially if you are the seller. The buyer is clearly always protected 100% even if you buy from someone who is not legal.

    Yes 2.5 ounces per patient so 2.5oz x 6 is the max (yourself + your 5 patients)
  3.  
    ebopbopper

    ebopbopper Member

    question how would anyone find out that two caregivers are using one household unless they came on the paperwork it does not ask the plants location it only asks what your address is so I am a bit lost here because i am trying to max out two caregivers in one place so the max in the rooms are 144 plants any ideas or info?
  4.  
    deprave

    deprave New Member

    they would only find out if you became under investigation by the police/dea, please keep in mind anything could happen, if your house caught on fire your grow would be found and they would investigate...be safe....if your within the medical program follow all guidelines strictly or else just grow illegally, the penalty is twice as bad if you get convicted for exploiting the medical system. (additional felony) vs just growing illegally
  5.  
    Justin McCall

    Justin McCall Member

    I am interested in learning how to become certified to grow. I am out of work and need some kind of income to be able to support my family. How???
  6.  
    ebopbopper

    ebopbopper Member

    dude My house actuallly caught on fire just my luck huh maybe I should not cook anymore

  7.  
    LordWinter

    LordWinter New Member

    Well, the law is quite specific on one of your points, Cgrizzle, but fuzzy on another. Here's a quote from the actual legislation that passed, this regards weight and plant count:

    "(b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act, provided that the primary caregiver possesses an amount of marihuana that does not exceed:
    (1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process; and
    (2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility; and
    (3) any incidental amount of seeds, stalks, and unusable roots."


    Here's the clear part: If you are a CAREGIVER, you're allowed to have 12 plants and 2.5oz PER PATIENT. The law is very specific on that. Proof can be found on the State of Michigan website, just search for medical marijuana and you'll be taken to the section where you can find all the info they currently have, including PDF application forms.

    Now for the fuzzy part: Dispensaries and Compassion clubs. These are not mentioned in the law, so there are two prevailing theories out there. 1.) It's not mentioned, so it's not legal. and 2.) It's not mentioned in the law, so it's NOT ILLEGAL.

    Now, take note of what I typed for point #2 here, cause this is what lets the lawyers have fun in court: The argument on theory #2 is that since it isn't made ILLEGAL by specific wording, that is is in fact... LEGAL. THIS IS NOT TRUE. Statutory law fills in these gray areas and we haven't seen any cases tried yet in Michigan. For those who don't know what a Legal Statute is, it is a precedent established by a judicial ruling that gives an interpretation of the INTENT of the law (prolly butchered the hell out of that, but the point is clear). Statutes eliminate the needs for our legislators to keep going behind themselves and re-structuring laws that are poorly defined.

    Due to the interpretative nature of Statutory Law as opposed to true Legislation, I think it's reasonable to assume that in the state of Michigan, Compassion Clubs and Dispensaries will be illegal for the foreseeable future. The law is just too new to the state for judges to be liberal enough in the interpretation to take a chance on their career with a decision like that. Michiganders don't have the experience of Californians when it comes to dealing with the apparently "lax" (The words an anti-cannabis activist might use. Remember, most of the true anti's think that even Marinol should be illegal) restrictions. At a bare minimum, people who abstain from cannabis use are going to be very cautious, and nervous of increases in crime. We have almost a century of social propaganda to overcome and we haven't gotten out of the baby steps yet.

    Hope this helps, and ANY information you need, forms too, can be found on Michigan's state website. Just search for Medical Marijuana. Unlike some state websites, this one is organized pretty well.

    Edit: As a side note, I honestly don't understand why anyone would want to team up unless you have too small a house to accommodate a 5 patient growing operation. At 12 plants per patient and a full patient roster, that's 60 plants. There's no reason you shouldn't crank out enough bud to service them all if you plan your grow out well and get your plant rotation on track.
  8.  
    skiweeds

    skiweeds Active Member

    i wouldnt do any kind of co-op. this is a gray area in the law. dea watches large scale traffic. you do a co-op and they sure as hell will watch you, state legal or not.

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