.The Michigan law requires medical marijuana cardholders to grow 12 plants or less in their homes. But that doesn’t mean you can’t grow more than 12 plants for medicinal use in your home. Here’s how!
Michigan’s law does not include provisions for growing an unlimited number of plants for personal use. Still, there are ways around the limit that may be legal depending on the circumstances. To take advantage of these loopholes, it is necessary to know how to grow cannabis and what is legal under Michigan law concerning the number of plants that can be grown at one time.
Growing cannabis for personal use and growing cannabis for medical use are two different things. Here are the rules:
1. You can grow 12 plants at one time.
If you have a medical marijuana card, you can grow twelve plants in your home and keep the medical cannabis you need, but that’s all. If you have more than 12 plants, it’s cultivation as a business. In that case, all medical marijuana cardholders can have is 72 plants per location and no more than 12 pounds of processed cannabis per location. If you have more than 12 plants, you don’t have to register with the state. Just grow them for a patient who has a card.
2. You can get more plants from your caregiver or dispensary if the caregiver or dispensary is willing to give them to you.
Caregivers and dispensaries can give medical marijuana to cardholders. Medical marijuana cards are damned. If your caregiver gives you more than 12 plants, it is not growing as a business because the caregiver is not getting anything in exchange for the plants. Suppose a dispensary gives you more than 12 plants. In that case, however, you are growing as a business because the dispensary is getting paid for their share of the cannabis production in cash or another compensation given to them. It’s also business growth if you give marijuana or monetary compensation in exchange for more than 12 plants. So unless your dispensary states it will give it to you for free, don’t do that.
3. A caregiver can grow up to 12 plants for a patient of their own, even if the patient has a medical marijuana card.
A caregiver can grow up to 72 plants for any one patient’s personal use, but they cannot give more than 12 pounds of processed cannabis to that one patient at any time. This is because aides and dispensaries can each grow 72 plants, more than the 12 plants per location that a qualified medical marijuana cardholder can have at one time. That’s why having only one or two patients is considered a violation of Michigan law: You have to have enough space to provide all your patients with their medicinal needs while keeping on top of your safety regulations and inventory management.
4. Patients can also grow more than 12 plants for personal use.
If you have a medical marijuana card and want to grow more than 12 plants, you can still do so. You would need to register with the state as a caregiver first, but once you have done that, all your regulated marijuana plants can be grown at once, regardless of the number of patients you may have. As a bonus, caregivers are not limited to 12 pounds of processed cannabis per patient at any time. They can give as many pounds as they like to each patient in their care without needing to be licensed separately by the state.
5. You can share your medical marijuana with other cardholders if that person is not a caregiver.
If you have medical marijuana, you can share it in any way you choose. There are no limits on how much you can give or when and where this sharing must occur. Just ensure that the person receiving it has a valid medical marijuana card and isn’t one of your caregivers (or one of their caregivers). Also, there is nothing in the rules that say you have to give it away for free; you are free to set your price. The only thing that you cannot do is sell it. No provision in Michigan law allows you to sell your medical marijuana or allow others to do so for you.
6. You can grow more than 12 plants if you live at a property zoned appropriately and your landlord allows it.
To grow more than 12 plants, you need to live on a property zoned correctly for this to be possible. The law says that it’s okay to grow an unlimited number of plants as long as they are not on the premises of your home. So if you live in a zoning area that permits up to 18 plants on your property, nothing stops you from growing 18 or more plants for medical use. You can have up to 36 plants total (12 per patient). And there is nothing to stop you from renting the property that is already zoned correctly and planting your garden there. Just be sure to have your landlord’s permission first.
7. It’s legal to buy and sell clones as long as they are properly registered.
Clones cannot be bought or sold, but under Michigan law, it is acceptable to buy a clone from a registered grower who complies with all laws. As of July 1, 2018, all growers must register each plant with the state to become legal. The buyer would need to register the plant (or clone) after it has been purchased for it to be legal for personal use. It is illegal for anyone who does not have a medical marijuana card and valid registration number to provide clones or root balls that the state has not registered to anyone else. All clones and root balls grown legally in Michigan should have a certificate of registration, which can be used to register the clone with the state later.
The only way to get a medical marijuana card in Michigan is to apply. The application process requires that you be 18 years or older and not currently serving an active prison sentence. You will also need a valid form of ID, along with the $100 application fee, which your doctor or caregiver can submit on your behalf. If you’re approved, you will get a card with a set of rules that tells you how much medical marijuana you can have at one time and what medical conditions are eligible for treatment with cannabis. There is no limit on how many patients you can have in your care it is not illegal to purchase or possess more medical marijuana than the 12 plants that are allowed per patient.