The Michigan Medical Marihuana Act (“MMMA”) allows caregivers to grow Marijuana for up to 5 patients. The MMMA allows for 12 plants per patient, or 72 plants total, if the caregiver is also a patient. The MMMA also limits caregivers to possessing only 2.5 ounces per patient; however, this amount can be exceeded from harvesting just one plant, creating an “overage.” Courts have also ruled that caregiver-to-caregiver transactions are not authorized by the MMMA, yet every single dispensary in Michigan is currently utilizing caregiver-to-caregiver transactions to provide patients with medicine.
Given the haphazard enforcement of the MMMA by state and local authorities, and the seemingly contradictory laws, rules and court decisions that govern its enforcement, it is nearly impossible for caregivers to operate in full compliance with the law without losing money. It is therefore critical to know which laws are being enforced, which ones are not, and which ones are a low enforcement priority. Having attorneys with both commercial medical marijuana law and criminal law backgrounds is crucial to navigating the constantly evolving set of laws, rules and court decisions caregivers must keep up with.
Not only this but with the implementation of the MMFLA and the upcoming legalization initiative, politicians and regulators have discussed phasing out all or portions of the MMMA. Caregivers therefore need to think about their position within the Michigan Marijuana industry if and when the MMMA is phased out or even just more consistently and strictly enforced.
At Scott F. Roberts Law, we work with caregivers to provide legal business and real estate advice to dozens of Marijuana businesses in Michigan. Mr. AuBuchon provides years of experience with real estate, litigation and municipal law, specifically but not exclusively including medical Marijuana real estate. Also, Mr. Roberts is able to provide big-picture business and legal advice to help guide caregivers in the right direction and ensure their long-term success in the industry.
While we can’t represent you in criminal matters, we can provide practical, proactive advice to guide your caregiving business in the right direction. Our Marijuana, business, and real estate attorneys provides caregivers with both peace of mind and a path forward. Contact the attorneys at Scott F. Roberts Law today to schedule a caregiver consultation and compliance review.