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Is it legal to sell marijuana seeds in michigan

HOW CAN MICHIGAN LICENSED GROWERS OBTAIN GENETICS?

Congratulations, you’ve successfully become an MRA approved State of Michigan licensed Marijuana Grower! Now what? The first obstacle many state licensed Growers face is where to obtain plants, seeds, seedlings, or tissue cultures. If you are a caregiver or you hire a full-time employee that’s a caregiver, you can transfer the caregiver product to the facility when the caregiver license is surrendered. This can give your facility a “running start” such that not all of your plants have to be started from scratch.

However, if you are a 1500 plant facility, and only have two caregivers with 144 total plants, you are still going to need to access more genetics for your grow. There are a couple of avenues for a commercial grower to obtain seeds in Michigan. One way is from someone already legally growing marijuana, including other licensed Growers and Caregivers. Although licensed Growers may currently accept any product directly from a registered Caregiver or another Grower without use of a Secure Transporter. Another way, pursuant to the MTRMA, is acquiring seeds or seedlings from any adult over the age of 21.

Pursuant to the Medical Marijuana Facilities Licensing Act (“MMFLA”), the only permanently approved source for plants and seeds is from other licensed Growers, and the sale must be completed through a licensed Secure Transporter. MMFLA licensed growers may be tempted to purchase from larger online retailers, but marijuana seeds are considered cannabis products just like flower, edibles, and concentrates. Cannabis product may not legally cross state lines so long as marijuana remains illegal at the federal level, meaning a licensed grower cannot legally purchase seeds online for their MMFLA facility. Growers licensed and operating in Michigan are limited in product selection and may only purchase, produce, and sell seeds within the state. If a Grower holds a valid medical marijuana card, he or she may purchase seeds from a licensed dispensary, but widespread commercially available seeds is a distant reality until overseas and US based seed banks can ship nationwide, which won’t happen any time soon.

Now you may be asking—if that’s the case, how does Michigan get access to top quality genetics from other states? Well, there is a backdoor way to do it, at least for now. Unlike MMFLA and MRTMA licensees, caregivers and adults over the age of 21 are not subject to the same intense regulatory requirements and inspections that MRA licensed businesses are. Essentially, caregivers and adults over the age of 21 still operate in the wild west and can get away with things that MMFLA licensees simply cannot. They can therefore serve as the conduit for out of state genetics. To illustrate, a caregiver/adult over 21 may purchase out of state genetics (which is still illegal by the way), and then sell those genetics to a MMFLA licensed grower.

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While this solution isn’t great—it is at best a legal grey area, and at worst simply illegal—it is the only workable solution for out of state genetics to come into Michigan’s regulated cannabis market. Unfortunately for Michigan cannabis cultivators, MRA seems to be one (or perhaps several) steps behind in identifying and addressing problems in Michigan’s regulatory scheme.

Now let’s assume you are able to get a hold of good genetics for your MMFLA cultivation facility from a caregiver or another MMFLA licensee. How do you ensure you still have access to genetics without having to continue to purchase them from other Michigan licensees? You will need to carefully cultivate and breed the plants to ensure a constant supply of new seeds or utilize cuttings from your existing plans. Otherwise, as a professional cultivator, you will need to continue to purchase seeds from another Michigan licensed grower or caregiver.

Once a Grower obtains a stable strain that expresses consistent traits, that licensed Grower may start selling those seeds to other licensed Growers that are beginning a commercial grow. A start-up Grower may spend years crossing and breeding plants, but the best of these strains will be highly sought out by other commercial growers. This means a licensed grower could experiment with genetics, cross-breeding, and produce his or her own unique strains and results for resale to other growers, as opposed to producing merely for flower production. This is a business model we have yet to see get much traction among licensed MMFLA or MRTMA businesses, but we expect this to change soon, especially if the “caregiver backdoor” is shut down. Until then, licensed growers will be forced to purchase from other licensed facilities as well as caregivers who were able to obtain desired genetics, even if the source of those genetics was not entirely legal.

Michigan Laws and Penalties

Under Michigan law marijuana is listed as a Schedule I controlled substance.

An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be marijuana concentrate.

Within a residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana cultivated on the premises.

An adult who possesses more than 2.5 ounces of marijuana within a residence must store the excess amount in a secure container. Possession of more than 2.5 ounces of marijuana and up to 5.0 ounces of marijuana is a civil infraction punishable by a maximum fine of $500 and forfeiture of the marijuana for a first offense.

Possession of more than 5.0 ounces of marijuana is a misdemeanor. No term of imprisonment will be imposed unless the possession involved violence or was “habitual, willful and for a commercial purpose.”

Possession in or within 1,000 feet of a park is either a felony or a misdemeanor, based on the judge’s discretion, and is punishable by a maximum of 2 years imprisonment and a maximum fine of $2,000.

  • Michigan Code Section 333.7212 Web Search
  • Michigan Code Section 333.27955, Sec. 5.1 (a) Web Search
  • Michigan Code Section 333.27955, No. 1, Sec. 5.1 (b) Web Search
  • Michigan Code Section 333.2754, No. 1, Sec. 4.1 (i) Web Search
  • Michigan Code Section 333.27965, Sec 15.2(a) Web Search
  • Michigan Code Section 333.27955, No. 1, Sec 15.4 Web Search
  • Michigan Code Section 333.7410a Web Search
  • Michigan Code Section 333.7411 Web Search
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Sale or Distribution

An adult may transfer up to 2.5 ounces of marijuana to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public. Distribution of less than 5 ounces without remuneration is a civil infraction with no incarceration possible and a maximum $500 fine.

The sale of less than 5 kilograms is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The sale of 5 kilograms – 45 kilograms is a felony, which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The sale of 45 kilograms or more is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

  • Michigan Code Section 333.27955, Sec. 5.1 (d) Web Search
  • Michigan Code Section 333.7401(2)(d) Web Search
  • Michigan Code Section 333.7410 Web Search
Cultivation

An adult may grow up to 12 marijuana plants at the adult’s residence for personal use.

An adult may not grow marijuana plants “if the plants are visible from a public place” or if the plants are growing outside of a secure area. A violation of this section is punishable as a civil offense with a fine not to exceed $100 and forfeiture of the marijuana.

The cultivation of up to 24 plants for personal use is a civil infraction with no incarceration and maximum $500 fine.

The cultivation of 25 – 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”

The cultivation of more than 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”

  • Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
  • Michigan Code Section 333.27954, Sec. 4.1 (f) Web Search
  • Michigan Code Section 333.27965, Sec. 15.1 Web Search
  • Michigan Code Section 333.7401 Web Search
Hash & Concentrates

In Michigan, marijuana and hashish are punished in the same manner. The statutory definition of “marihuana” includes “all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.” Hashish, hashish oil, and extracts clearly fall under this definition. Please see the marijuana penalties section for further details on Michigan’s criminal sanction on cannabis.

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An adult may possess up to 15 grams of marijuana concentrate.

An adult may transfer up to 15 grams of marijuana concentrate to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public.

  • Michigan Code § 333.7106 Web Search
  • People v. Campbell, 72 Mich App. 411 249 N.W.2d 870 (1977). Web Search
  • Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
  • Michigan Code Section 333.27955, Sec. 5.1(b) Web Search
Paraphernalia

An adult may buy and use marijuana paraphernalia and may sell marijuana paraphernalia to another adult..

  • Michigan Code Section 333.27955, Sec. 5.2 Web Search
Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

  • Michigan Code § 257.319e Web Search
Ann Arbor

In Ann Arbor, the penalty for being caught with marijuana is a $25 fine for the first offense, $50 for the second, and $100 for the third offense. Marijuana is not decriminalized on the University of Michigan’s campus.

More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

EXPUNGEMENT

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.

Legalization

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

LOCAL DECRIMINALIZATION

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.