where can a caregiver grow in michigan?

You also have the option to opt-out of these cookies. How many plants can I grow in Michigan without a medical card? Recent cases from the Michigan Supreme Court and the Court of Appeals have affirmed the authority of townships to regulate Primary Caregiver growing operations under the original Michigan Medical Marihuana Act from 2008 ("MMMA"). A person can serve as a medical marijuana caregiver for a family member who qualifies for medical marijuana in Michigan. Caregivers and patients can grow either indoors or outdoors in an enclosed locked facility. The plants must also be kept in a secure, enclosed area that is not accessible to the general public. In this case, Judith Pontius grew marihuana for herself and other patients in her home; Ypsilanti charged her with a violation of the zoning ordinance. 2023 The Law Offices of Barton Morris. In Illinois, there are 55 licensed medical cannabis dispensaries that have sold over a billion dollars worth of marijuana since November 2015. The Ypsilanti ordinance is at the opposite end of the spectrum from the Byron Township ordinance. Plants can be grown by a professional caregiver in any number of containers. Assisting with personal care: bathing and grooming, dressing, toileting, and exercise. This communication highlights specific areas of law and is not legal advice. Following the Supreme Courts decision regarding DeRuiter, the Court of Appeals reconsidered two township cases. Well-Known Member. All rights reserved. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. A recent Michigan Supreme Court decision upheld a local zoning ordinance that regulated caregiver growing operations. The Law Offices of Barton Morris. If only a natural person may be a caregiver, the availability of cor porate forms for business activity is irrelevant. Durable power of attorney for health care (also known as a health care proxy). Bilingual in a language spoken in your region. 4) Caregivers will produce a pure product, uncontaminated with pesticides, mold and un-necessary additives or adulterants. Individual caregivers who receive more than $9.90 per hour will not receive the wage increase. The most common way for LLC owners to get paid is through distributions of profits, which are typically paid out to owners based on their ownership percentage. The Cannabis Regulatory Agency will establish Michigan as the national model for a regulatory program that stimulates business growth while preserving safe consumer access to cannabis. Furthermore, caregivers may provide limited services, such as transportation to dispensaries. The Michigan House of Representatives has introduced a series of bills known as the Michigan Cannabis Safety Act. A registered agent is an individual or business that is responsible for receiving legal documents on behalf of a business. Caregiver advocates from across the state recently rallied at the Capitol against the proposed Michigan . Here's the difference: The Medical Marijuana Facilities Licensing Act of 2016 and the Michigan Regulation and Taxation of Marihuana Act of 2018, allow the state's marijuana regulatory agency to . 12 marijuana plants An adult may grow up to 12 marijuana plants at the adult's residence for personal use. An adult may grow up to 12 marijuana plants at the adults residence for personal use. A limited liability company is a legal business entity that provides some liability protection similar to a partnership. The trial court and Court of Appeals initially ruled for DeRuiter and against the township. Analytical cookies are used to understand how visitors interact with the website. How do I become a paid caregiver for a family member in Michigan? Patients and caregivers SMG license holders would be closely monitored by the statewide monitoring system already in place, Metrc, that tracks marijuana transactions from seed to sale and collects details such as the date, time, quantity, and price of each sale. Professional caregivers must meet state training requirements and take online caregiver training in order to become certified as nurse assistants (certified nurses assistants). An individual may serve as primary caregiver for more than one patient so long as the primary caregiver lives in the same city or county as the patients they serve. According to the texts, the number of patients allowed per caregiver under the Michigan Cannabis Safety Act will be reduced from five to one, effective March 21, 2022, as part of a state legislature debate. How do I become a home caregiver in Michigan? Adults can grow up to 12 plants as long as they are enclosed, or completely private from the public eye. Join us for an exclusive LIVE workshop for Michigan Municipal Officials Wednesday, December 7, 2022. President of the Michigan Association of OWI Attorneys Lead Award-Winning Team. Growers who hold a Class A Growers license in Michigan can grow up to 100 cannabis plants. Section 15 of the MRTMA states that a person who cultivates more than twice the amount permitted (more than 24 plants) would be guilty of a misdemeanor, but not subject to jail time unless they were grown for a commercial purpose. The Course consists of 9 Modules, run once a week for a full day over a period of 9 consecutive weeks. .grassmatch! What are the laws on medical marijuana in West Virginia? However, there are certain restrictions that must be followed in order to do so. Only caregivers are legally allowed to access caregivers' marijuana cultivation areas. Per Public Act 67 of 2019, the Michigan Department of Health and Human Services (MDHHS) received funding to provide Home Help individual caregivers a wage increase to $9.90 per hour effective April 1, 2020. MCL 333.2424. CAREGIVER RIGHTS -- Michigan's medical marijuana caregivers say proposed legislation supported by licensed growers would hurt their patients. During application, the patient designating a prospective caregiver must submit certain information about them, including: A prospective caregiver must submit to a criminal background check by the Michigan Cannabis Regulatory Agency (CRA) during their patient's registration for the MMMP Registry Card. Can Churches Legally Grow Cannabis In California? How do I become a paid caregiver for a family member in Michigan? However, it is not uncommon for bouncers to be paid at least partially in cash, as this can provide them with a degree of flexibility and discretion in how they are paid. You must fill out a minor's medical marijuana card form for your child and a caregiver's application for yourself. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. In the case of a medical marijuana grower license, three classes are available. By clicking Accept All, you consent to the use of ALL the cookies. A caregiver in Michigan can grow up to 72 plants for a qualifying patient. The 2008 Michigan Medical Marihuana Act, MCL 333.26421 et seq. Adults are permitted to possess up to 2.5 ounces of cannabis with no more than 15 grams in . How many plants can a caregiver have per patient in Michigan? Sometimes, the caregiver form will be attached to the original application form; in other instances, a caregiver application form is separate. Do these minimum qualifiers help us to distinguish between a grower and a caregiver? The exact details and steps required to become a cannabis caregiver vary by state. This cookie is set by GDPR Cookie Consent plugin. If passed, these billsHB 5300, HB 5301, and HB 5302would update Michigan's medical marijuana laws and bring sweeping changes to the current laws regarding medical marijuana caregivers. Yes, a caregiver in Michigan can grow cannabis in a house. 6) Caregivers will protect the confidentiality of their client patients. In exchange for their permission, caregivers may grow up to twelve cannabis plants for the patient. What if I can only get a growing permit and not a selling permit? The ordinance also required caregivers to submit a zoning application with information about the marihuana use, pay a fee, and obtain a permit. A caregiver does not have to be a patient; however, they may provide care for another patient. This doesnt prevent a caregiver from possessing their allowed number of medical plants at another location including another home, which doesnt contain 12 personal plants or an industrial building. Collectively, the caregiver and the qualifying patient should only possess a quantity of marihuana that is not more than is reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition. No, a caregiver can only grow in specific areas in Michigan. Municipalities retained their inherent authority to regulate land uses via zoning. 500 mg of THC is added to cannabis concentrate or cannabis-infused products. Registered caregivers who are linked to patients under the Michigan Medical Marijuana Program (MMMP) may grow up to 12 plants for them. If the qualified patient expects that you will cultivate on his or her behalf, then the qualified patient must also specify in that application that you can possess marijuana plants. A patient must submit one of the following to designate you as their caregiver: An adult may not grow marijuana plants "if the plants are visible from a public place" or if the plants are growing outside of a secure area. The legislation would limit caregivers to growing a maximum of 24 plants by March 22, 2022 12 for themselves; 12 for one patient. What are the responsibilities of a caretaker? State guidance issued earlier this month indicates that marijuana caregivers in Michigan will be unable to transfer or sell marijuana products to licensed cannabis growers and processors beginning September 30. Stay up to date with all the latest legal news and resources by subscribing to our mailing list. How far is Las Vegas from the California coast? Under the MMMA, a caregiver can grow up to 72 plants with minimal state regulation on their activity. They are based on the amount that the applicant is planning to grow. Under the Michigan Medical Marijuana Act, it is permissible for qualified patients or caregivers to cultivate up to 12 marijuana plants as well. However, their prospective caregiver must be at least 21 years of age and be willing to assist them with their medical marijuana needs. Although it is unclear how many caregivers will be affected, the bill does not specify when a business must close, nor when the cutoff date must be. Remember: as a caregiver, you are cultivating on behalf of the qualifying patient, and you should think of yourself as caring for plants that belong to that patient, as opposed to caring for your own plants. Family (Informal) Caregiver any relative, partner, friend or neighbor who has a significant personal relationship with, and provides a broad range of assistance for, an older person or an adult with a chronic or disabling condition. Understanding the ins and outs of obtaining and complying with a Michigan marijuana growing license is critical when your marijuana business is part of the marijuana industry in Michigan. The state is now trying to regulate and control the rapidly expanding marijuana industry. However, you may visit "Cookie Settings" to provide a controlled consent. Why You Need Cannabis Corporate Legal Services. You can apply for a Michigan marijuana grower license both online and paper-based. People who grow a . We want patients to be able to use the highest quality medicine available to alleviate the symptoms of their illness. If a caregiver wants to grow more, they need to apply for a Michigan commercial cultivation license. In Michigan, qualified medical marijuana patients who are minors require medical marijuana caregivers, who must be either their parents or legal guardians. at 142, 144-145. Caregivers were barred from transferring products to dispensaries on April 1, 2019. The Michigan Marijuana Microbusiness license, presents an unique opportunity to caregivers and other Michigan residents looking to enter the state's recreational marijuana market. Although caregiver and patient activities are not heavily regulated by the states Marijuana Regulatory Agency (MRA), the Michigan Supreme Court affirmed municipal zoning regulations as a valid exercise of a municipalitys police power. This is of particular concern with marihuana cultivation, including the non-commercial cultivation of a caregivers 72 plants. Typically, parents and legal guardians of minors who are medical marijuana patients must serve as their medical marijuana caregivers in Michigan. 35,000+ DAILY VISITORS. That compensation shall be reasonable. Caregivers listed with the Michigan Medical Marijuana Association are expected to conduct themselves in accordance with the highest ethical and professional standards. How much marijuana can a caregiver grow in Michigan? Our lawyers have more than 150 years of experience in township law and have represented more than 150 townships across the state of Michigan. Similarly, qualified adult patients who are housebound due to severe illnesses can use the services of medical marijuana caregivers. If a caregiver adds any additional plants to a facility, the caregiver would no longer be permitted to use the Michigan Medical Marijuana Act (MMA) as a defense.