Michigan Medical Marijuana Act
Since it’s inception, Fakhouri Law Group has been assisting entrepreneurs, caregivers, and patients navigate the many complex aspects of the Michigan Medical Marijuana Act.
Under the MMMA, patients can choose to either cultivate their own medical marijuana in an enclosed, locked facility or to designate a caregiver to do so for them. Caregivers can assist no more than five patients.
For more information about the Michigan Medical Marijuana Act, please read the frequently asked questions below. For assistance in navigating the legal murky waters that surround the MMMA, please contact one of our knowledgeable attorneys today for a free consultation.
Frequently Asked Questions About the Michigan Medical Marijuana Act:
Who Qualifies Under the Michigan Medical Marijuana Act?
A “qualifying patient” refers to a person who has undertaken and completed the proper steps to receive a valid registry identification card. This means that he or she has gone to a physician, with whom he or she has created a sufficient physician-patient relationship, and that physician has determined that the best course of pain treatment would be medical marijuana.
What Medical Conditions Warrant the Use of Medical Marijuana?
The law states that those with “debilitating medical conditions” are qualified to consume marijuana. These “conditions” are defined as cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, and others. The definition also extends a chronic or debilitating disease or medical condition that provides symptoms such as severe and chronic pain, severe nausea, seizures, or severe and persistent muscle spasms.
Who Qualifies as a Primary Caregiver?
A primary care-giver refers to an individual at least 21 years of age who has agreed to assist with a patient’s medical use of marijuana and who has never been convicted of a felony involving illegal drugs. The care-giver has a host of responsibilities, such as growing, cultivating, preparing and assisting the qualifying patient in using his/her medical marihuana. A care-giver is allowed to perform these duties for up to, but not exceeding, five qualifying patients without arrest, prosecution and/or penalties for providing the services to the patients. This means that the State government is not allowed to permit businesses, and occupational or professional boards, to discriminate or punish someone for being involved with medical marijuana, if he/she qualifies as a primary caregiver.
How Much Marijuana Does the Law Permit a Qualified Person to Possess?
The qualifying patients in Michigan are allowed to possess 2.5 ounces of marijuana and are allowed to cultivate no more than 12 plants, strictly for medicinal purposes. However, as stated above, a primary caregiver can oversee up to 5 patients; therefore, s/he is able to have the legal amount for up to 5 patients. When cultivating marihuana, the patient or primary caregiver must keep the plants in an enclosed locked facility.
Other Pertinent Aspect of the MMMA
Some other important aspects of the law dictate that a qualifying patient is not permitted to undertake any task under the influence of marihuana, when it would constitute negligence or professional malpractice, i.e. operating a motor vehicle. Qualifying patients are also not allowed to consume marihuana on any form of public transportation or in any public place. Third, the law provides that physicians who inform or recommend this method of treatment will not and cannot be subjected to any persecution in the form of arrest, penalties, or restrictions on their licenses by any boards, in particular the Board of Medicine or the Board of Osteopathic Medicine. Lastly, the MMMA permits individuals to use “debilitating medical conditions” as a legal defense when being tried for marihuana-related infractions.
State Laws vs. Federal Laws
Even though Michigan voters, along with voters in 12 other states, have deemed the use of marihuana for certain patients acceptable, the federal government has remained firm in its position; marihuana is illegal for everyone.
As states continue to legalize different forms of marijuana use, more dispensaries will start to pop up. While many businesses can open and function without the use of a lawyer, opening a marijuana business has more legal red tape since the products... Read More...
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