الأحد، 22 أبريل 2012
The Stated Purpose of the Michigan Medical Marihuana
To allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the administration of the act; to provide for affirmative defenses; and to provide for penalties for violations of the act."
On November 1 of 2008, the MMA was passed by Citizen Initiative by 63 percent of Michigan voters and the law became effective as of April 2009. The Act allows the use of Medical Marijuana to the extent that it is carried out in accordance with the provisions of the Act.
The most basic provisions of the Michigan Medical Marijuana Act include:
"Qualifying Patients" are allowed to legally (only through state law) obtain, possess, cultivate, grow, or use medical marihuana.
A "Qualifying Patient" is a person who has been determined to have a "debilitating medical condition" by a physician's written certification as defined in the Act, and has also acquired the Registry Identification Card from the Michigan Department of Community Health.
A "Qualifying Patient" can possess 2.5 ounces of useable marihuana and 12 marijuana plants (if they have not named a caregiver they can cultivate it). All plants must be kept in an enclosed, locked facility.
If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification card.
A Primary Caregiver is allowed, pursuant to the Act, to care for a maximum of five patients and allowed to possess 2.5 ounces of useable marihuana and 12 plants for each qualifying patient that is served.
A Primary Caregiver has to be at least 21 years old, have no felony convictions involving illegal drugs, and must agree to assist a patient in the medical use of marijuana.
A Primary Caregiver must obtain certification from the Michigan Department of Community Health and the "Qualifying Patient" must name the Primary Caregiver.
A Primary Caregiver is allowed to "receive compensation for the costs associated with assisting a registered qualifying patient in the medical use of marihuana" MCL 33.24624(e)
The Possession and Use of Medical Marijuana remains ILLEGAL under Federal Law
The Act, MCL 33.26427 also prohibits:
the undertaking of any task under the influence of marihuana, doing so would constitute negligence or professional malpractice.
to possess or otherwise use medical marihuana on a school bus, the grounds of any preschool, primary school, secondary school, or any correctional facility.
Smoke marijuana on any form of public transportation or public place
Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana
Use of marihuana if that person does not have a serious or debilitating medical condition.
Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marihuana to avoid arrest or prosecution.
- Employers do not have to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.
- Employers are allowed to discriminate and or let go Medical Marihuana patients according to the most recent Federal court case on the issue, Casias v. Wal-Mart decided on February 11, 2011 in United States Western District of Michigan, Southern Division.
- Violation of the Michigan Medical Marihuana Act can result in a separate felony charge.
If you have been charged with any crime related to Michigan Medical Marijuana, please contact the Clark Law Office for a free consultation with one of our experienced Michigan medical marijuana attorneys.
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