The medical marijuana law has left many areas within the statute quite vague, has left many areas in contradiction with current legislation, and has left many areas to be litigated within our court system. It is imperative for you and your attorney to understand the application process, your protected rights, and potential consequences.
Marijuana has received an overwhelming and maybe surprising acceptance in Michigan. In fact, over 3.3 Million Michiganders voted to pass the legislation, wherein it passed in every county. It is fair to say, “The People have spoken”. Since April 6, 2009, there have been over 75,000 Applications for the Medical Marijuana Card and over 41,000 cards issued. Further, only 8,700 applicants have been denied wherein most denials were because of an incomplete application and/or missing documentation.[1]
The law[2] essentially outlines the protections now afforded to the “qualifying patient”[3] and the “caregiver”[4] . It was undisputable that possession or use of marijuana was plainly illegal prior to the passing of this legislation; however, this legislation has changed almost everything.
The Application Process is a relatively straightforward process, which includes $100 application fee, photo identification, and a Physician Certification. The certification has come under the most scrutiny considering there are websites advertising for physician certifications, limited or no physician-patient history is required, and at least 75,000 thousand certifications have been provided. In addition, a renewal application is also required to maintain your card, which requires the same documentation and another $100 fee.
If you have received your Marijuana Card or filed your application more than 15 days ago, you have some of the following rights:
Patient: Has the right to possess 2.5 ounces of “usable” marijuana, which excludes stalks, seeds, and roots. Further, if a patient does not have a Caregiver, the patient may possess up to 12 plants, but they must be in an enclosed, locked facility.
Caregiver: Has the right to possess 2.5 ounces as indicated above, but also is protected in cultivating marijuana for up to 5 patients. Further, a caregiver is a person who is 21 years of age, never convicted of a felony involving drugs, and agrees to assist a patient in their medical marijuana use.
The sale, use, and possession of marijuana, and even drugged driving have been significantly impacted. Patients and Caregivers, and physicians, will not be prosecuted as long as they adhere to the rules and regulations under the law[5]. At a recent presentation sponsored by the State Bar, presentations were provided by a defense attorney, a prosecutor, and a member of the department certifying the medical marijuana cards, and it was clear from their varied opinions that this area of law is long from settled. However, as aforementioned, any law in its infancy is subject to new interpretation, litigation, and potential prosecution. Therefore, it is imperative for you and your attorney to understand the application process, your protected rights, and potential consequences.
[1] www.michgan.gov/mmp
[2] MCL 333.26424
[3] MCL 333.26424(a) – Sec 4(a)
[4] MCL 333.26424(a) – Sec 4(b)
[5] MCL 333.26421, Michigan Medical Marihuana Act
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