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Legal Corner: Moving Forward: Addressing Concerns About Michigan’s Recreational Cannabis Bill

By Matthew Abel

By now, most people have heard that there is a new cannabis law in Michigan, officially the Michigan Regulation and Taxation of Marihuana Act (MRTMA). The law just took effect on Dec. 6, 2018, so there is definitely a need for more information. This breakdown is dedicated to serve as a source for basic information, and to address a few popular questions regarding Michigan’s newfound cannabis legalization.

The basics are simple enough: Any adult 21 and over is allowed to possess up to 2.5 ounces of cannabis anywhere in Michigan except federal property, property of pre-schools through grade 12, school buses and property of correctional institutions. Adults are allowed to grow up to 12 plants, with a maximum of 12 plants per household. That seems clear enough, but consider a household where one or more persons are medical cannabis patients or caregivers. Consider MRTMA Section 4.2., which states, “This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act . . . ”

If a medical patient or caregiver is growing at least 12 plants, are they or another adult allowed to grow additional plants on the premises? Possibly not. If the patient or caregiver is growing at a location not on the premises, then another resident could grow there. However, it is not clear that any patient could possess 12 medical (off-site) and 12 adult-use plants.

Presumably, a caregiver still has the right to grow, even if their patient begins growing at their own residence.  For more information:

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