Defendant was an MMMA caregiver who operated a warehouse which grew marijuana. Blysma had two patients and grew 24 plants but also allowed five other patients to grow their plants as well. The warehouse was divided into three sections which were not individually locked. The Grand Rapids police raided the warehouse and seized 84 plants. The question was whether the MMMA allowed collective or cooperative grow operations.
Unlike other states, The MMMA does not expressly allow for collective growing operations. Because possession means the ability to exercise dominion or control over something, BLYSMA was found to be in possession of all 84 plants despite his claim that he only owned 24. He was therefore found not to be in compliance with the MMMA and precluded from asserting its defenses.
The Court also reiterated an opinion consistent with Kolanek that a person can proceed separately under sec 4 and sec 8 and remanded the matter for a section 8 hearing as the trial court would not allow it.