YPSILANTI TWP., Mich. (WWJ) -- The fate of an Ypsilanti Township grandmother is still up in the air after a court appearance Wednesday regarding her medical marijuana plants.
Judy Pontius, 79, has been growing pot for herself and friends and family, under the medical marijuana law. But she lives in Ypsilanti Township, where local ordinances limit the number of plants residents are allowed to grow to 12.
Pontius had previously told WWJ she is a medical caregiver, but in court, her attorney, Barton Morris of Cannabis Legal Group, argued she is not growing for anybody else. He says her 55 plants are for herself and are allowed under a section of the medical marijuana law.
“The question is, how many plants is she permitted to have? If I get the judge to agree with me, then we win. If not, then she’ll have to get rid of some plants,” Morris told WWJ.
While the limit is 12 plants for recreational, Morris says the law for medical marijuana is more complicated. One section states the limit is 12 plants, while another section differs.
“There’s another section, eight, which states she’s permitted to have as many plants as is reasonably necessary to ensure her uninterrupted supply of medicine, given the fact that she chooses to consume it in a concentrate form.”
Pontius says she needs all 55 plants because it takes a lot more than 12 plants to make edible marijuana products like she does.
Pontius won an earlier trial, but the Michigan Supreme Court ruled in favor of township. She could face up to 93 days in jail if she doesn’t get rid of her 57 plants.
Morris says he’s trying to work out an agreement. If not, a hearing will be scheduled in the case on Friday.