The Michigan Medical Marijuana Act: The First 24-Months

This information chronicles the implementation of the dispensary okc Medical Marijuana Action, passed via referendum in the 2008 general election. Of course, once applied to our human tapestry, the MMA is subjected to some already-classic judicial interpretations, with a strong offer of more to come.

The Michigan Legislature passed the MMA on December 4, 2008, making Michigan the actual 13th state to allow the cultivation and possession of medical marijuana for medical purposes. The Act cited a series of information related to the beneficial uses of marijuana in treating queasieness, pain and other effects from a variety of debilitating medical conditions. Often the Act also notes that according to the FBI, 99% of the marijuana possession arrests nationwide are done pursuant to state, as an alternative to federal law. It is important to note that possession of the drug remains illegitimate under federal law.

The MMA defines a “debilitating medical condition” as cancer, glaucoma, HIV, hepatitis T, and other diseases along with other chronic afflictions which cause pain and nausea. A “primary caregiver” is defined as, “a person who are at least 21 years old and who has agreed to assist with a new patient’s medical use of marijuana and who has never been recently convicted of a felony involving illegal drugs. ” A new “qualifying patient” is “a person who has been diagnosed by just a physician as having a debilitating medical condition. ”

The basic motion of the Act provide that qualifying patients and primary health care providers (marijuana growers) must possess a “registry identification card”, issued by the Department of Community Health. Tens of thousands of purposes have been processed; many thousands remain pending with more filed daily; the demand for certification, for marijuana, is seemingly insatiable here in Michigan.

The high demand is understandable. Cardholders aren’t going to be subject to arrest or prosecution for marijuana possession/distribution given the patient keeps less than 2 . 5 ounces of smokeable pot. Care providers are allowed to maintain up to 12 crops for each qualified patient; stems, seeds and unusable beginnings do not count toward the plant limitation.

Physicians also have health from prosecution relative to their certification of the patient’s desire for the drug, so long as they conduct an assessment of the patient’s medical history. A legitimate physician-patient relationship is required.

Since the U. Nasiums. Supreme Court decided the case of Conant vs Walters in 2003, physicians have been able to recommend a person’s use of marijuana (but cannot prescribe pot by placing the recommendation on a prescription form). Doctors can also make paperwork regarding their recommendations in the patient’s chart and can testify on behalf of a patient’s medical use of marijuana in a court of law. The Supreme Court’s Conant decision paved the way to get passage of the MMA.

Primary care providers may be given compensation for their marijuana. Selling marijuana paraphernalia also is helped under the MMA, and such paraphernalia cannot be seized.

Persons just present during the use of marijuana for medical purposes in the same way are not subject to arrest.

Sound too good to be accurate? When marijuana is distributed to persons other than getting qualified patients, the registration card is revoked, and the lending institution is subject to a 2-year felony. Also, driving even though under the influence of marijuana remains illegal, as does smoking in public areas. Use or possession of pot on school premises as well as on school buses remains prohibited. And yes, the item remains illegal to smoke in a jail or a penitentiary, regardless of your medical condition.

The Act set a short timetable (120-days) for the Department of Community Health to promulgate regulations for the administration of the possession/distribution credential. The hesitate in the promulgation of these regulations gave way to confusion within law enforcement, the public and some judges as to what is legal and is illegal.

For example , the 2009 Redden case from Madison Heights involved a couple arrested during a drug-raid. The husband and wife had applied for certification cards prior to their arrest as well as received the cards a month after their arrest. With dismissing the case brought against the two defendants, 43rd Center Judge Robert Turner characterized the MMA as, “the worst piece of legislation I’ve seen in my life”, depending on the Detroit News. Judge Turner’s dismissal was appealed by Oakland County Prosecutor where it was affirmed in the Oakland County Circuit Court.