Caregiver Under the Michigan Medical Marihuana Act
Who Can Be a Caregiver
According the Michigan Medical Marihuana Act, a caregiver my lawfully sell marijuana to a patient to whom the caregiver is connected in the state’s database. The act defines a caregiver as “a person . . . at least 21 years old . . .” who also meets other eligibility requirements.
Growing marijuana in Michigan is illegal unless the grower is a caregiver or patient. As a result, hiring an employee or assistant to help in the growing process is likely unlawful and couple expose the caregiver and assistant or employee to potential criminal liability.
Currently, a caregiver may cultivate up to 72 plants in an enclosed, locked facility – which may be a vehicle, a room, or outdoor enclosure if the exact requirements of the law are followed. One of the requirements is that a security device must be used that only permits access to a caregiver or patient in certain circumstances.
The caregiver or patient do not have to be the owner of the location. Additionally, nothing in the law prevents the caregiver from leasing or renting the location at or within the secured facility if located. Thus, the law does not appear to prohibit locating multiple enclosed, secured facilities within a single larger building or outside plot of land.
A municipality may not prohibit a caregiver from engaging in authorized actions relating to the Medical Marihuana Act. However, local zoning and land use regulations may place reasonable restrictions on caregiver activities.
The Michigan Medical Marihuana Act allows for a caregiver to assist a patient in the “medical use of marijuana.” Transportation of marijuana is a recognized as a need in treating some patients. A caregiver should be cautious to strictly follow the laws related to the transportation of usable marijuana.
The laws and policies regarding marijuana in Michigan and throughout the country are rapidly changing. If you have any legal questions as result of any of the above discussed issues, please call me, Attorney Steven Storrs, at 269-945-2242 or click here to contact me to set up an appointment to discuss your options.
*This blog is intended for informational purposes only and does not constitute legal advice. Please consult an attorney before making important decisions regarding your individual situation.