The Michigan Medical Marijuana Act: The First 24-Months

 This article follows the implementation of Michigan's Medical Marijuana Act, which was approved by referendum in the 2008 general election. The MMA, as expected, has been subjected to several already-classic judicial interpretations once applied to our human fabric, with a strong promise of more to come.

On December 4, 2008, the Michigan Legislature enacted the MMA, making Michigan the 13th state to legalize the growing and possession of marijuana for medical purposes. The Act noted a number of discoveries connected to marijuana's positive benefits in treating nausea, pain, and other side effects from a variety of debilitating medical diseases. The Act further states that, according to the FBI, 99% of all marijuana possession arrests in the United States are made under state law rather than federal law. It should be noted that possession of the drug is still prohibited under federal law.

A "debilitating medical condition" is defined by the MMA as cancer, glaucoma, HIV, hepatitis C, and other diseases, as well as other chronic afflictions that induce discomfort and nausea. A "primary caregiver" is described as "anyone over the age of 21 who has consented to help a patient's medical marijuana use vape pen cartridges wholesale and has never been convicted of a felony involving illegal substances." A "qualified patient" is defined as "a person diagnosed by a physician with a debilitating medical condition."

The Act's fundamental mechanics require eligible patients and primary care providers (marijuana farmers) to have a "registry identity card" issued by the Department of Community Health. Tens of thousands of applications have been processed; many thousands are outstanding, with more being filed every week; the desire for marijuana certification appears to be unquenchable in Michigan.

It's logical that there's a huge demand. Cardholders are not arrested or prosecuted for marijuana possession/distribution if they store less than 2.5 ounces of smokeable marijuana. Care providers may keep up to 12 plants for each qualified patient; stems, seeds, and useless roots do not count against the plant limit.

Doctors are also immune from prosecution provided they certify the patient's necessity for the prescription and conduct an examination of the patient's medical history. A valid doctor-patient connection is essential.

Since the decision of Conant vs. Walters was decided by the United States Supreme Court in 2003, physicians have been authorized to suggest marijuana usage to their patients (but cannot prescribe pot by placing the recommendation on a prescription form). Doctors can also make notes about their recommendations in the patient's chart and testify in court about a patient's medical marijuana use. The Supreme Court's Conant decision paved the path for the MMA's passage.

Primary care providers may be compensated for marijuana use. The MMA also allows for the sale of marijuana paraphernalia, which cannot be seized.

People who are simply present while using marijuana for medical purposes are not arrested.

Does it sound too wonderful to be true? When marijuana is provided to people who are not eligible patients, the registration card is canceled, and the provider faces a 2-year felony charge. Driving under the influence of marijuana is still prohibited, as is smoking in public. The use or possession of marijuana on school grounds or school buses remains unlawful. And, thc carts for sale bulk regardless of your medical condition, it is still unlawful to smoke in a jail or a penitentiary.

The Act mandated that the Department of Community Health issue regulations for the administration of the possession/distribution credential within 120 days. The delay in implementing these restrictions caused uncertainty among law enforcement, the general public, and some judges about what is legal and what is prohibited.

In the 2009 Redden case from Madison Heights, for example, a couple was caught during a drug raid. Prior to their arrest, the pair requested for certification cards, which they obtained a month later. According to the Detroit News, 43rd District Judge Robert Turner described the MMA as "the worst piece of legislation I've seen in my life" in dismissing the case brought against the two defendants. The Oakland County Prosecutor appealed Judge Turner's dismissal, which was upheld in the Oakland County Circuit Court.

The Michigan Court of Appeals upheld Oakland Circuit Court Judge Martha Anderson's decision to revive the criminal charges against Redden and Clark earlier this year. The alleged Madison Heights couple must now either plead guilty or face trial.

During the raid on the couple's home, the Oakland County Sheriff seized 1.5 ounces of marijuana, some cash, and roughly 21 little plants. Each defendant had taken a medical certification exam with Dr. Eric Eisenbud (not making this up) of Colorado (and of the freshly created Hemp and Cannabis Foundation Medical Clinic) three weeks before the raid bulk thc carts and applied for a medicinal marijuana card under the MMA. However, their cards had not yet been distributed at the time of the raid.

The prosecutor argued during the couple's preliminary hearing before Judge Turner that: a) the defendants were required to refrain from "medicating" with marijuana while their applications to the State of Michigan's Department of Community Health were pending; and b) the defendants did not have a bona fide physician-patient relationship with Dr. Eisenbud.

According to Judge Turner, the MMA was unclear on what constituted an acceptable amount of marijuana. The defendants in this case were discovered with an ounce and a half of marijuana; the MMA allows for 2.5 ounces.