Pubdate: Fri, 14 Sep 2012
Source: Muskegon Chronicle, The (MI)
Copyright: 2012 The Muskegon Chronicle
Contact: http://www.mlive.com/mailforms/muchronicle/letters/index.ssf
Website: http://www.mlive.com/chronicle/
Details: http://www.mapinc.org/media/1605
Author: David Eggert

SHOULD MEDICAL MARIJUANA PATIENTS, CAREGIVERS BE ABLE TO GROW WEED IN 
A COOPERATIVE GARDEN? MICHIGAN SUPREME COURT TO DECIDE

LANSING, MI - The Michigan Supreme Court has agreed to consider if 
the state's medical marijuana law lets patients and caregivers store 
and grow marijuana together.

In their order released Friday, justices set oral arguments to decide 
if it should grant an appeal from a Grand Rapids man busted in 2010 
for growing too many marijuana plants.

Ryan Michael Bylsma's case likely will be heard in October, the 
second medical marijuana case to be considered by the high court that 
month. The other deals with whether the 2008 voter-approved law 
permits patient-to-patient sales of marijuana.

In Bylsma's case, the justices want to know if patients and their 
caregivers - who can grow 12 plants per patient - can possess and 
cultivate "in a collective or cooperative." They also will weigh 
whether he is entitled to immunity from prosecution or to have drug 
charges dismissed under two sections of the Michigan Medical Marihuana Act.

Two years ago, Bylsma had 88 plants in three grow booths at a 
building unit he was leasing when Grand Rapids police raided the 
site. He was the registered caregiver for two patients.

While he was allowed to grow 24 plants, Bylsma said he was only 
assisting other caregivers and patients to grow the remaining 64 
plants. He argued nothing prohibited him from letting others utilize 
his unit to grow plants.

In its ruling, the state Court of Appeals disagreed and upheld the 
trial judge's decision to deny Bylsma's motion to dismiss the drug 
charge, which carries a maximum of four years in prison.
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