The Michigan Court of Appeals issued a published opinion on the matter of People v Bylsma on Tuesday, September 27, 2011.  According to the opinion, a registered primary caregiver can only grow or tend plants for those registered qualifying patients that are connected to the caregiver through the registry system.

The Court denied the immunity and affirmative defense privileges to the Defendant, who was a registered primary caregiver for two registered qualifying patients.  Defendant owned or operated a locked facility with 88 plants, some of which belonged to other caregivers or patients.  These caregivers and patients testified that the Defendant was assisting them in the growth process as they were novice.  It was claimed that the plants were identifiable by tags and particular strands as to which one belonged to whom.  Court's opinion was based on the finding and analysis that the Michigan's Medical Marijuana Act did not authorize possession of the plants by more than one person, and that person could either be the patient or the caregiver he was connected through the registry.

This recent opinion by the Court of Appeals is likely to add to the list of opinions that have deeply affected both the medical marijuana users and the industry that have flourished around it.

The opinion can be found at People of Michigan v Bylsma.