Multiple Caregivers Growing In The Same Location?

[Icarus_]

Hello everyone! I have a quick question- Since the passing of of the Michigan Medical Marijuana Act, I, a family member of mine, and a close friend have been seriously considering becoming caregivers. After doing a bit of research regarding start-up and power expenses, we've begun to wonder if it would be legal for us to collectively build, maintain, and grow our crops from within a single building (greenhouse, rather)? I'd like to point out that me and my family member live in the same house, and the grow-house would be on the property in question. As you can imagine, I'm curious about this because it would greatly reduce our start-up costs and would make this all the more possible. I've searched both this forum and google for an answer, but wound up finding little information (with the exception of this thread http://michiganmedicalmarijuana.org/topic/27181-can-i-lease-space-to-my-friend/ , but I've yet to find a clear answer there). Thanks in advance.

[knottwhole]

I have a quick question

So many questions, so few answers.

You're playing with more than one gray area. Let's start with the greenhouse.

Some local and federal law enforcement do not consider a greenhouse to be a "Locked, secured, facility". Make sure it is to the best of your definition. You're on your own.

Second, access to the grow area should be limited to only one caregiver and his or her patients. You could separately make each caregivers section its own locked secured facility, but again you're working on an area of the law that is gray. You're on your own again.

Read the law and by all means seek legal help before you go forward. Nobody wants to see you and your family or friends turn into a test case for trial.

Sorry I couldn't help more.

Good luck.

[pic book]

Hello everyone! I have a quick question- Since the passing of of the Michigan Medical Marijuana Act, I, a family member of mine, and a close friend have been seriously considering becoming caregivers. After doing a bit of research regarding start-up and power expenses, we've begun to wonder if it would be legal for us to collectively build, maintain, and grow our crops from within a single building (greenhouse, rather)? This would obviously cut down on start-up costs greatly. I've searched google for an answer, but wound up finding little information. Thank's in advance.

 

-Matt

Icarus, fly close to the sun but not too close! Rosenick of Ferndale was in Oakland County court last week from a July 2010 arrest on aspects of this question. I am not aware of a Michigan case, settled or still roiling, that comes closer to being on point--although others might be. Definitely consider the source (Oakland County (and uber anti-meds) Sherrif Bouchard). Interpolating from Rosenick's defense attorney's comments (Michael Komorn, whom you might want to retain--its just a cost of doing business) it is a question of the 'weight' given ingestibles. Also a question of will the other caregivers growing in the same building where was growing (and that he owned--where the 147 plants and ingestibles were found) come forward to claim their plants in the grow and take some heat or will they let Rosenick fry alone in his own oil? (Simpson oil or cooking oil is irrelevant, will the other caregivers abandon the only one among them arrested and charged with a crime)? Family caregivers growing with you might be some protection, blood is thick, though apparently--given Rosenick's dilemna so far--mere buddies or fellow caregivers, not so much, and make for thinner 'soup,' which at this point Ronsenick is stuck in alone.

Unknown at this point and unclear from police report, was the grow adequately partitioned and identified as to whose space and plants was where? If so, why was only one caregiver arrested? Is it another money grab by Oakland County--arrest the deep-pocket buiding owner and hope that faced with 20+ years on the charges he will agree to a big fine and give ownership of the building to the nearly bankrupt county? A prequel to the Big Daddy's cash grab of last week?

Aspects of the case are on this board in legal forum.

Irrelevant if done by one or more caregivers, growing in an insulated permanent greenhouse heated beneath with circulating hot water pipes heated in black tanks by the sun and using sunlight on plants--south exposure--with winter supplemental light from HIDs and DTE, cuts costs annually by 37% over solely using HIDs and DTE.

[Icarus_]

So many questions, so few answers.

You're playing with more than one gray area. Let's start with the greenhouse.

Some local and federal law enforcement do not consider a greenhouse to be a "Locked, secured, facility". Make sure it is to the best of your definition. You're on your own.

Second, access to the grow area should be limited to only one caregiver and his or her patients. You could separately make each caregivers section its own locked secured facility, but again you're working on an area of the law that is gray. You're on your own again.

Read the law and by all means seek legal help before you go forward. Nobody wants to see you and your family or friends turn into a test case for trial.

Sorry I couldn't help more.

Good luck.

 

Well this is a bit discouraging, haha. If I want to inquire about local laws, where exactly would I go? I live in a relatively small town, so should I just ask around city hall? I'm assuming they'd be able to direct me to whoever I need to speak with?

[knottwhole]

Well this is a bit discouraging, haha. If I want to inquire about local laws, where exactly would I go? I live in a relatively small town, so should I just ask around city hall? I'm assuming they'd be able to direct me to whoever I need to speak with?

In my book, talking to anyone other than a lawyer is a no no. Most locals township and city officials don't know any more than you. That's why I said it was a gray area. Here's the Michigan site for the law. Read and try to understand it.

http://www.legislature.mi.gov/%28S%28mljwfx45zzpxk4zveovxevjq%29%29/mileg.aspx?page=GetObject&objectname=mcl-Initiated-Law-1-of-2008

Pay close attention to this part: http://www.legislature.mi.gov/%28S%28mljwfx45zzpxk4zveovxevjq%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26424

Best of luck.

[garyfisher]

Do not talk to your local authorities. Talk to a lawyer who specializes in MMJ.

[coxie0527]

Do not talk to your local authorities. Talk to a lawyer who specializes in MMJ.

 

Gary, may I have your contact info? I'd like to discuss your services.

 

Thanks,

Steve

[lawyercaregiver]

Do not talk to your local authorities. Talk to a lawyer who specializes in MMJ.

 

I would definitely talk to local officials about routine code enforcement questions.

 

This is NOT routine and is well beyond the code enforcement interpretation of local officials. Unfortunately probably the best a lawyer can do is give you a letter advising what he thinks is or is not legal. This may- or may not- help you in court.

 

The best advice is partitioning the joint grow room, marking EACH plant with a name of patient and caregiver, and having ALL the paperwork on site in case of a raid. We do not know if even this is sufficient because the law is not clear on this issue.

 

Good luck!

[Croppled1]

Hello everyone! I have a quick question- Since the passing of of the Michigan Medical Marijuana Act, I, a family member of mine, and a close friend have been seriously considering becoming caregivers. After doing a bit of research regarding start-up and power expenses, we've begun to wonder if it would be legal for us to collectively build, maintain, and grow our crops from within a single building (greenhouse, rather)? I'd like to point out that me and my family member live in the same house, and the grow-house would be on the property in question. As you can imagine, I'm curious about this because it would greatly reduce our start-up costs and would make this all the more possible. I've searched both this forum and google for an answer, but wound up finding little information (with the exception of this thread http://michiganmedic...e-to-my-friend/ , but I've yet to find a clear answer there). Thanks in advance.

 

 

I would not definitely talk to local officials about routine code enforcement questions .I would investigate local ordinance records myself .or use a lawyer not exposing my identity with all the prejudice out there yet . Most insurance companies require extra premiums unless the owner of a residence is growing for personal use only so be warned you may have to talk to them and then modify to codes and or pay business premiums . Being a caregiver really doesn't lead to riches for those following the rules . It opens a huge can of worms presently .But the need is there and it is viable and preferable to the other systems proposed in my mind .even if further distribution is developed .

 

You must be aware there is Federal Law and State law . Under Federal Law all Cannabis use and possession is illegal . Your main problem is that conspiracy to distribute and manafacture Cannabis over 100 plants holds a 5 year minimum sentance under Federal Law . Since it is obvious the Goverment will not live up to promises to let those in compliance with State Law alone . I would suggest strongly not being involved in any situation whjere more then a 99 plants are concerned even when tied to someone until the coast is clearly clear per the courts . Yes if you plan on doing this I would get a lawyer opinion and have one on retainer as two caregivers would legally under State Law be able to have 144 plants that would make them a target of the Feds under their current policies . Dispensory owners and head managers have been brought up on conspiracy chages in California undoubltedly that may be occuring with the request of the patients records now by the DEA in Grand Rapids court . I am not saying it is only it is a possibillity . Why having cards would make a difference I do not know unless they will claim they were trying to exhonerate them though we know they want access to that data base for more then that . Patient lists have already been rumored to have abused in Michigan that were taken from locations and used to create surveillance prospects .

[bobandtorey]

I would not definitely talk to local officials about routine code enforcement questions .I would investigate local ordinance records myself .or use a lawyer not exposing my identity with all the prejudice out there yet . Most insurance companies require extra premiums unless the owner of a residence is growing for personal use only so be warned you may have to talk to them and then modify to codes and or pay business premiums . Being a caregiver really doesn't lead to riches for those following the rules . It opens a huge can of worms presently .But the need is there and it is viable and preferable to the other systems proposed in my mind .even if further distribution is developed .

 

You must be aware there is Federal Law and State law . Under Federal Law all Cannabis use and possession is illegal . Your main problem is that conspiracy to distribute and manafacture Cannabis over 100 plants holds a 5 year minimum sentance under Federal Law . Since it is obvious the Goverment will not live up to promises to let those in compliance with State Law alone . I would suggest strongly not being involved in any situation whjere more then a 99 plants are concerned even when tied to someone until the coast is clearly clear per the courts . Yes if you plan on doing this I would get a lawyer opinion and have one on retainer as two caregivers would legally under State Law be able to have 144 plants that would make them a target of the Feds under their current policies . Dispensory owners and head managers have been brought up on conspiracy chages in California undoubltedly that may be occuring with the request of the patients records now by the DEA in Grand Rapids court . I am not saying it is only it is a possibillity . Why having cards would make a difference I do not know unless they will claim they were trying to exhonerate them though we know they want access to that data base for more then that . Patient lists have already been rumored to have abused in Michigan that were taken from locations and used to create surveillance prospects .

 

Deep stuff for sure