Want to combine resources with other caregivers by splitting lease payments on a building and growing your marijuana together? You may want to think again.
The Michigan Supreme Court determined by a unanimous vote, the Michigan Medical Marihuana Act does not allow for collective growing, in other words, it is illegal to have more than 72 plants in one location even if every one is legal to grow. Most likely you are only allowed to possess less than 72 plants by law, this is dependent on your patient status and the number of patients you are growing for.
The decision, in our opinion, was very wise. The Act itself in the first paragraph reminds us of the aim of the MMMA , to ensure an uninterupted supply of marijuana while protecting it’s citizens from Federal prosecution. Having more than 72 plants in one location, building, parcel, yard, property or however you define it, opens individuals up to Federal prosecution, having more than 100 plants bumps up Federal mandatory sentencing guidelines and can put you in really hot water.
Right now there are several Federal cases being argued in Michigan against medical marijuana patients and caregivers, most of them involve a plant count in excess of 100 plants.
Along with recent legislative updates that echoe the Court’s opinion, the high courts decision will protect Michigan citizens from Federal prosecution as stated in the Michigan Medical Marihuana Act.