The Michigan Medical Marijuana Act’s (MMA) purpose is “To allow the use of medical marijuana under Michigan law; to prevent prosecution for using medical marijuana; to establish a registry and ID cards for patients and caregivers; to provide legal defense and to penalize violations of this act.” The MMA was passes on November 1, 2008 by a 63 percent majority of Michigan voters. It officially became effective in April 2009. Michigan’s MMA lets patients use medical marijuana so long as it conforms to the provisions. The MMA’s basic provisions are:
- Patients may use, own, grow and procure medical marijuana legally.
- To qualify, patients must have a debilitating condition certified by a doctor to be in accordance with the act, as well as a registry ID card from the Department of Community Health
- Patients may own up to 2.5 ounces of marijuana and up to 12 plants and may grow their own if no caregiver is listed
- Plants must be in an enclosed and locked location
- Patients who don’t receive their ID within 20 days after submitting a valid request, the MMMA card is deemed granted.
- Primary caregivers may provide for a maximum of 5 patients and may own up to 2.5 ounces of marijuana and 12 plants per patient.
- Primary caregivers must be 21 years or older, possess no drug felony convictions and must pledge to aid patients in using marijuana medically
- Primary caregivers must be certified by the Department of Community Health and be named by the patient as caregiver
- Primary caregivers may accept reimbursement for the costs of providing medical marijuana for a qualifying patient
Medical Marijuana Remains Illegal Under Federal Law The MMA prohobits:
- Performing activities while intoxicated which could cause malpractice or negligence
- Possessing marijuana on school grounds, a school bus or correctional facility
- Use medical marijuana in any public place, including public transit
- Operating heavy machinery or motor vehicles while intoxicated
- Using marijuana without qualifying and being licensed under the MMA
- Lying to law enforcement regarding medical marijuana to avoid prosecution
- Employers aren’t required to tolerate medical marijuana use in the workplace
- Employers may discriminate against or fire patients, as determined by the Casias v. Wal-Mart case in 2011
- Violations of the MMA may result in felony charges
If you’ve been accused of crimes relating to the Michigan Medical Marijuana Act, it’s recommended that you contact an experienced criminal defense lawyer from the Clark Law Office. Call today for a free consultation!