Michigan Medical Marihuana Act Amended to Define Enclosed, Locked Facility

The Michigan Medical Marihuana Act requires that individuals seeking the broad immunity from prosecution provided by Section 4 of the Act must keep marijuana plants in an enclosed, locked facility, among other requirements.

The MMMA did not originally define what was an enclosed, locked facility, leading prosecuting officials and courts to fill in the blanks.

House Bill 4851 amends the MMMA to specifically define what constitutes an enclosed locked facility.

The new law will require marijuana grown indoors to be in a closet, room, or some kind of stationary area, that is enclosed on all four sides, and is secured by locks or other security devices that permit access only by a registered patient or caregiver.

Related: The Michigan Supreme Court Rules That The Michigan Medical Marihuana Act Does Not Permit Collective Growing Operation

Marijuana grown outside is considered to be in an enclosed, locked facility when the plants are in a stationary structure that is enclosed on all four sides, except for the base, by chain-link fencing, wooden slats, or similar material that is anchored to the ground. The plants must not be visible to the unaided eye from the neighboring property when viewed by a person at ground level or from a nearby structure. The plants must be located on land that is owned, leased, or rented by the grower. Security devices on the structure must block access by anyone not the grower.

An enclosed, locked facility can include a vehicle if the following conditions are met. First, the vehicle is being used to temporarily transport live plants from one location to another with the intent to permanently place the plants at the second location. Second, only the patient or caregiver to whom the plants belong is in the vehicle.

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