Michigan Medical Marihuana Act
WHAT IS MEDICAL MARIJUANA?
In an extraordinary vote, the People of Michigan elected to allow individuals with a chronic or debilitating disease or medical condition the ability to use legally use Marijuana as a valid medicine. Pursuant to the Michigan Medical Marihuana Act, a qualifying medical marijuana patient is allowed to possess up to 2.5 ounces of usable marihuana, and if they do not have a primary caregiver, they are allowed to cultivate up to 12 marijuana plants in an enclosed, locked facility. There is also case law which suggests that the medical marijuana patient is allowed to possess enough marihuana that is reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.
THE AFFIRMATIVE DEFENSE
The Michigan Court of Appeals in People v Redden has ruled that an individual can assert the Michigan Medical Marijuana Act as a defense to prosecution for possession of Marijuana. According to rulings, this defense may be asserted in certain circumstances even when the patient does not have a medical marijuana card. However, in People v Walburg, the Michigan Appeals Court limited the availability of the defense to situations where an individual had a physician state that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition. This statement, according to the Walburg case, must have been issued prior to the arrest for the marijuana charge.
CAREGIVERS
MCL 333.26424 of the Act allows for registered individuals to be “primary caregivers” for patients of Medical Marijuana. What this means is that according to the Act, a primary caregiver may be financially compensated for growing and providing up to 12 plants per qualified patient they have registered through the State. However, there are numerous rules and regulations which must be strictly followed in order to operate legally under the Medical Marijuana Act.
PUNISHMENTS FOR VIOLATIONS OF THE ACT
Unfortunately, certain Sheriffs and Prosecutors believe that the Medical Marijuana Act was wrongfully passed by voters and thus have made it a priority to arrest people for marijuana possession and delivery regardless of the fact that those individuals have attempted to comply with the various provisions of the Act. Because of this, it is imperative that any actions that you take under the Michigan Marijuana Act be after consultation with an attorney. If you have been charged, you have numerous defenses which must be brought to the court’s attention.
Our Attorneys have extensive experience with the Michigan Medical Marjuana act and its implications. If you need our help, call us or email us today. Our attorneys believe in what they do and they believe in your innocence. We are industry recognized leaders in criminal representation and we fight to win.