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2 Caregivers Under The Same Roof?


Biff 123

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I know federal law jumps in at 100 plants, but is there anything in michigan law that lets 2 caregivers operate at the same address (and posibly exceed the 100 plant rule)?

 

 

The MI law merely states that all plants must be grown in a locked and secure structure, it puts no written constrictions on who can grow where.

 

Can a Care givers co-op legally all grow in the same place, with no cap on the # of plants, so long as everyone is within there legal limits.

I see nothing saying they can't. I would wager, that something on the lease or the like, listing the names of all the co-op CGs, would be a good thing to have

 

I know a husband and wife can both be caregivers and grow in the same home. some people say as long as each cg/patient has there own locked and secure area that only the cg and the cgs patient have access to.

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I know federal law jumps in at 100 plants, but is there anything in michigan law that lets 2 caregivers operate at the same address (and posibly exceed the 100 plant rule)?

 

welcome to the site!!

 

looks like you got some good advice above, but i wanted to add something:

 

to avoid confusion, federal law "kicks in" at one plant technically. much the same as state laws, federal law has "levels" or "degrees" of the offense.

 

"The higher the marijuana amount, the more likely one is to be sentenced to jail time, as opposed to probation or alternative sentencing. Low-level offenses, even with multiple prior convictions, may end up with probation for the entire sentence of one to twelve months, and no jail time required. Possession of over 1 kg of marijuana with no prior convictions carries a sentence of six to twelve months with a possibility of probation and alternative sentencing. Over 2.5 kg with no criminal record carries a sentence of at least six months in jail; with multiple prior convictions, a sentence might be up to two years to three years in jail with no chance for probation. In United States v. Booker (2005), a Supreme Court decision from January 2005, the court ruled that the federal sentencing guidelines (as outlined above) are advisory and no longer mandatory. However, many federal judges continue to give great deference to the guidelines.

 

In addition to the sentencing guidelines, there are statutory mandatory minimum sentences, which remain in effect after United States v. Booker and primarily target offenses involving large amounts of marijuana. There is a five-year mandatory minimum for cultivation of 100 plants or possession of 100kgs, and there is a ten-year mandatory minimum for these offenses if the defendant has a prior felony drug conviction. Cultivation or possession of 1000kg or 1000 plants triggers a ten-year mandatory minimum, with a twenty-year mandatory sentence if the defendant has one prior felony drug conviction, and a life sentence with two prior felony drug convictions. To avoid a five-year mandatory minimum, it is advisable to stay well below 100 plants, including any rooted cuttings or clones."

 

 

 

 

 

 

 

that info was copied/pasted from here:

 

http://www.safeaccessnow.org/article.php?id=2638

 

 

 

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