Michigan Court Narrows State's Medical Marijuana Law

The Michigan Court of Appeals has issued a decision that further limits the state's medical marijuana law.

The justices ruled that a caregiver's decision to supervise the growth of 88 medical marijuana plants in a single facility on behalf of other registered caregivers and patients, other than his own, violates the Michigan Medical Marijuana Act (MMMA).

The case arose from Kent County, Mich., prosecutor William Forsyth's filing of drug charges against caregiver Ryan Bylsma. The decision will stand as precedent for all other lower court cases, according to Michigan Attorney General Bill Schuette, who praised the decision.

"This law is narrowly tailored to help those with serious debilitating illnesses, but criminals are exploiting it to construct massive grow operations," said Schuette. "I applaud the Court's decision in this case because it echoes the concerns of the public and law enforcement by protecting public safety. Limits on possession are not optional."

A three judge panel of the Michigan Court of Appeals held Bylsma can be charged with manufacturing marijuana because he possessed 88 plants in one growing facility, in violation of the 12 plant per patient limit enshrined in the MMMA.

The Court concluded that:

• Caregivers may not possess plants grown for registered qualifying patients who are not officially connected to the caregiver through the State's registration process, or for other registered caregivers;
• Caregivers who do not comply with the 12 plant per patient limit are not entitled to assert an affirmative defense in Court; and,
• The State may file drug possession and manufacturing charges against registered patients and caregivers who do not adhere to the 12 plant per patient limit.

In June 2011, Schuette concluded in Attorney General Opinion 7259 that the MMMA does not permit the collective growing or sharing of marijuana plants between caregivers and unconnected patients or other caregivers. Schuette concluded the MMMA requires each patient's plants to be grown and maintained in a separate enclosed, locked facility that is only accessible to the registered patient or the patient's registered primary caregiver.

The law has been a source of concern to law enforcement since it was passed by the Michigan legislature. Schuett earlier this years announced plans to join with some members of the legislature to modify the statute.