On July 17, 2018, the Court of Appeals published Deruiter v. Township of Byron, a watershed case for patient and caregiver rights. Then, two days later, the Court of Appeals published People v. Mansour, perhaps one of the most damaging opinions for patient and caregiver rights the Court has ever issued. Despite medical marihuana being legal in Michigan for almost 10 years, the legal landscape for patients and caregivers continues to be turbulent.

Deruiter v. Township of Byron

The Deruiter case involves efforts to create local municipal limitations on patient and caregiver rights under the Michigan Medical Marihuana Act (MMMA). Specifically, this case involved municipalities attempting to prohibit cannabis cultivation via zoning limitations.

The MMMA allows patients and caregivers to grow marihuana in an enclosed, locked facility. Some individuals have the ability to establish such grows within their homes, garages, basements, or spare rooms. However, not every individual is fortunate enough to have this space available. Nor do some individuals want to have their grows in residential areas or around their families and neighbors. Especially caregivers, which can cultivate up to 72 plants on behalf of the patients they assist. The larger the grow, the more space, electricity, and expensive cultivation equipment is required. This leads several patients and caregivers to seek out non-residential space for their cultivation; locations more suitable for the conduct required.

To read more, click on Michigan Marijuana Lawyer