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2 Cgs Under One Roof?


covell75
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Growing for 8 Patients is 96 plants. I would stop there, for one building.

 

Of course, then the question becomes, what if you have two buildings, or more, on one property ?

 

If a person grows for 5 Patients, and himself, that is 72 plants. If their spouse grew 72 plants, that makes 144 plants.

 

What if they put one name on their house, and then buy a second house, and put the other spouses name on that house ? 72 in each house ?

 

Yes, they are married, but at that point, we are talking two separate homes, with a different name on each house, and separate property descriptions. Separate taxes. Separate utilities.

 

I am small potatoes, but I could see how that could happen over a period of time, if Schuette doesn't muck this up.

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I would doubt there is a problem with two caregivers in the same location, but in many counties they may require you to keep them in separate locked enclosures. As a minimum, each usable material should be kept in separate locked enclosures. If not then over zealous anti's can claim your are over your limits. i.e. caregiver A has two patients and therefore can have 5 ozs of usable material. Caregiver B has three and therefore can have 7.5 oz. If all of the material is mixed together there have been rulings that you are over since each individual caregiver has access to 12.5 oz.

 

http://www.livingstondaily.com/article/20111216/NEWS01/112160320/Medical-pot-caregivers-sentenced-probation-possessing-drug?odyssey=tab|topnews|text|Frontpage

 

They can make the same argument for the # of plants if all the plants for caregiver A and B are in the same room.

 

All of the above said, it is really dumb that they are doing this, but be aware they are.

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September 28 2011. Patients cannot grow together. The state court of appeals ruled that patients and caregivers cannot grow together from a joint location. In State v. Bylsma, a case being defended by this law office, six MDCH registered patients and registered caregivers were using a single small grow room as an "enclosed, locked facility." All had cards and all plants were accounted for. The appeals court, using an expansive definition of "possession" that predates the MMMA and is used in all drug cases, decided that the caregiver who leased the workspace "possessed" all of the plants, thus, he was over his allowed amount and was prohibited from claiming any defense under the Michigan Medical Marihuana Act. This is yet another attack on the MMMA, as the overwhelming evidence showed that the activity did not involve an exchange of money, but was solely for medical use. Not even family members or spouses can grow their medicine in a single facility under this very narrow interpretation; the only person who can access the plants is either the caregiver or patient. An appeal to the state supreme court is likely.

 

This was on Bruce blocks web site.http://brucealanblock.com/medical-marijuana/

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One clarification, a patient is NEVER their own caregiver. They are responsible for their own plants as a PATIENT if they check the appropriate box on the Application or Change Form. Yes, you can both be caregivers. Nothing in our law prohibits 2 caregivers from operating under the same roof, just from a common or shared facility.

 

I'm not an attorney and this is not advice.

 

It should be safe for an individual and their mate, or other related family member living in the same household, to both cultivate under one roof. In terms of plant count, you could have up to 144 under one roof and be protected by the MMMAct from state prosecution. The key to operating under the same roof is separate cultivation areas, each locked and inaccessible to the other mate. That would establish separate enclosed, locked facilities, and you may even win after a long series of court appearances. As the person responsible for cultivating cannabis plants, you are the only person permitted to enter your cultivation facility and the door should always be closed and locked. Use keyless locks so they don't find a key to your facility on your mate's keyring!

 

Of course, throw in the feds and the game changes. Check out the federal penalties for cannabis:

http://norml.org/laws/penalties/item/federal-penalties-2

 

My question is why would you ever want to grow 144 plants in your home (I know you never mentioned a number)? Just keep them in vegetative growth for another week or two and grow bigger plants. Use more light and less plants to achieve consistent yields. Each 1000 watt lamp should yield a minimum of 500-600 grams of bud if you have 1 plant or 10 plants!

 

Hope this helps.

 

Brad

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  • 2 weeks later...

thanks for the logical explanation Brad. i was recently looking into this because I am interested in moving back to the area from CO and possibly living with an uncle, however we both would like to be able to grow but didnt know the ins and outs. Honestly the bigger plants with bigger buckets is the way to go. To supply 5 patients with meds year round would just not require that many numbers if done right.. Happy new year!

 

 

 

One clarification, a patient is NEVER their own caregiver. They are responsible for their own plants as a PATIENT if they check the appropriate box on the Application or Change Form. Yes, you can both be caregivers. Nothing in our law prohibits 2 caregivers from operating under the same roof, just from a common or shared facility.

 

I'm not an attorney and this is not advice.

 

It should be safe for an individual and their mate, or other related family member living in the same household, to both cultivate under one roof. In terms of plant count, you could have up to 144 under one roof and be protected by the MMMAct from state prosecution. The key to operating under the same roof is separate cultivation areas, each locked and inaccessible to the other mate. That would establish separate enclosed, locked facilities, and you may even win after a long series of court appearances. As the person responsible for cultivating cannabis plants, you are the only person permitted to enter your cultivation facility and the door should always be closed and locked. Use keyless locks so they don't find a key to your facility on your mate's keyring!

 

Of course, throw in the feds and the game changes. Check out the federal penalties for cannabis:

http://norml.org/laws/penalties/item/federal-penalties-2

 

My question is why would you ever want to grow 144 plants in your home (I know you never mentioned a number)? Just keep them in vegetative growth for another week or two and grow bigger plants. Use more light and less plants to achieve consistent yields. Each 1000 watt lamp should yield a minimum of 500-600 grams of bud if you have 1 plant or 10 plants!

 

Hope this helps.

 

Brad

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