Michigan Marijuana Caregiver Rules: The Four Most Common Violations
Michigan’s marijuana caregiver rules, called the Michigan Medical Marijuana Act (MMMA), passed in 2008. Even though medical marijuana has been legal in Michigan for awhile, many people are still unaware of the laws that exist. This causes problems for both patients and caregivers, if followed incorrectly.
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1. Caregiver Overages
One of the main issues that we see is caregivers who have overages. This means the amount of usable, ready-to-consume marijuana, is above the 2.5 ounce limit per patient. Caregivers often experience overages when their yields are much higher than anticipated.
To combat this, it’s important to have an appropriate disposal plan for excess cannabis. With proper planning, this problem is easily fixable with appropriate action(s).
2. Access to a Grow
Another issue that’s prevalent is when people (who aren’t caregivers) have access to a grow. Under the MMMA, a caregiver is the only person that can enter their grow. This means that the grow must be a locked, enclosed facility with no easy access for others to enter.
Doing otherwise is a direct violation of the act. This also means that friends, neighbors and family members, both who reside in the home and are coming to visit; can’t have access to the grow.
3. Maximum Number of Plants
One important aspect of the MMMA is that a patient/caregiver can only possess up to 12 plants per patient. Therefore, they can possess a maximum number of 72 plants if they reach their patient maximum quota. (5 patients). This number is strictly enforced, as a plant is defined as anything with roots.
Often times, people believe that smaller plants and “clones” don’t count. However, these smaller plants do count towards the plant limit. Therefore, it’s important to avoid possessing too many plants, which could lead to criminal charges.
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4. Improper Transportation
Finally, improper transportation of marijuana is a misdemeanor that’s extremely common. Under MCL 750.474, medical marijuana must be transported in an enclosed container in the trunk of a motor vehicle. If the vehicle doesn’t have a trunk, the cannabis must lock away container that isn’t readily accessible from the interior of the vehicle.
If a caregiver violates this, they may be charged with a misdemeanor. Similarly, marijuana distributors must remain wary of this when consumers buy marijuana from their company.
Avoid Violating Michigan Marijuana Caregiver Rules
The problems listed above are examples of the common issues that medical cannabis patients and caregivers experience. It is of utmost important to always remain compliant with the Michigan Medical Marijuana Act to avail yourself of the protections it provides.
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