Michigan’s Medical Marihuana Act


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Approved by 63% of voters throughout Michigan, the Medical Marihuana Act became effective as of April 2009. This Act allows the use of Medical Marijuana within the state in accordance with the provisions stated, and over 222,413 original and renewal applications have been received since the creation of the Act. Only Michigan residents can apply to be a registered patient in the Michigan Medical Marijuana Program (MMMP).

In order to qualify for a Medical Marijuana card, patients must suffer from one of the debilitating conditions that are stated in the Act, such as cancer, glaucoma, chronic pain, seizures or several other conditions. Registered caregivers must be 21 or older, and patients under 18 must have the consent of their guardian or parent in order to apply. The cost of applying for the first time is not cheap, and will cost individuals $100.00 unless they can prove they are eligible in the Medicaid Health Plan.

The Michigan Medical Marihuana Act also provided a system of registry identification cards for qualifying patients and primary caregivers. If you submit a valid registry identification card application or request for renewal, the department must grant you an identification card within 20 days of its submission. Once this happens, you are a “qualifying patient” and you can possess 2.5 ounces of useable marijuana and 12 marijuana plants.

In recent months, law enforcement officials have had to deal with cases where drivers with medical marijuana cards have smoked marijuana and then drove. The Michigan Court of Appeals was recently faced with this question when a defendant who had a valid marijuana registry card was caught speeding and admitted to smoking marijuana five to six hours earlier. The Medical Marijuana Act states that a person cannot drive under the influence of marijuana, and the Court of Appeals ruled that the MMA does not sanction driving with marijuana in one’s system.

There are many more rules and regulations that are outlined under the MMMMA about where medical marijuana can be consumed and more. Police are not allowed to search individuals for simply having a patient registry card, but employers are allowed to discriminate and let go Medical Marihuana patients according to a 2011 Federal court case. Violating the Michigan Medical Marihuana Act can result in a separate felony charge, and it is important to have a thorough understanding of the drug laws that apply to your situation. If you have any questions concerning the implications of the Michigan Medical Marihuana Act, you must consult a Michigan medical marijuana attorney. The MMMA cannot give you legal advice, but a legal professional will have a full understanding of how the law relates to you.

ABOUT THE AUTHOR: The Clark Law Office
A committed Michigan lawyer at The Clark Law Office can provide you with skilled legal help and representation you need in a medical marijuana case. The legal team at the firm has been successfully handling these cases throughout Michigan for over 30 years, and they have the experience and insight to represent your rights aggressively. The firm has taken many steps to prove their commitment to help Michigan residents with medical marijuana issues, and have recently joined the NORML legal committee.

There are countless marijuana charges and medical marijuana issues that individuals can come up against, and a Michigan attorney at The Clark Law Office can help you find the favorable resolution you need. Contact a skilled Michigan medical marijuana attorney at the firm today.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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