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Rx420

Who owns the plants?

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I thought I understood this, but I have read and seen things of late that suggest I have been ill informed or things have changed.  My question concerns, who actually owns the plants; the caregiver or the patient?    Assume a patient (A) signs an astestation  giving a caregiver  (B) rights to grow plants for him/her.  However, patient A only uses medicine at a rate of two plants per year.  That leaves 10 plants per harvest for patient A that aren't being used by patient A.   My question is, "Does the caregiver have the right to use those extra plants as he/she see fit or does the patient maintain rights to those plants and have rights to compensation over any of those plants the caregiver might sell?"  I have been laboring under the assumption those were the patients plants and a caregiver wouldnt have the right to market those plants without the patients' permission.   But now I am seeing different interpretations and they are confusing me.  Thanks.  

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I can see how it is confusing.  My understanding is the Caregiver possesses (owns) the plants.  If you read the law it describes the plants and states that they are possessed by the caregiver.   In sub paragraphs to section (b) the law defines the possession limits that the caregiver must adhere to.   In sub paragraph (2) the law defines the number of plants that a caregiver can possess per patient.   This sub paragraph if read alone would allow you to conclude that the patient owns the plants and the caregiver just "cultivates" them, but take as a whole with primary paragraph (b), it is just defining how many plants a caregiver may possess per patient.

 

333.26424

4. Protections for the Medical Use of Marihuana.

(b) A primary caregiver who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act.......This subsection applies only if the primary caregiver possesses marihuana in forms and amounts that do not exceed any of the following:

(2) For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility.

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The caregiver owns the plants unless the patient  buys the seeds soil and  electricity before hand  as for the "Patient only uses 2 of those plants" comment   not every caregiver grows the full 12 plants for each patient   case in point I have  plant rights to 6 cards that's 72 plants total and I have never had to  or felt the need to grow more then  20-25 plants at any given time .

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People make it too complicated because they want to pull some shenanigans.

The caregivers gets the right to grow 12 plants for each patient. When I say 'FOR' it doesn't mean the patient owns the plants. It means the caregiver can manage up to 12 plant to supply the patient. The caregiver is the plant manager. They decide what to grow and how much after a careful review of what each patients asks for. They are responsible for the plants. If you don't like what your plant manager is doing then get a new plant manager. Or go to the dispensary. Lots of choices out there these days. Michigan is cannabis heaven. We have it made. 

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