Straight Talk
On
Medical Marijuana Laws
Controlled Substance Laws
State Prohibition
Federal Prohibition
99% of marijuana arrests are
under state laws
States are NOT required to
enforce federal law
Both Federal & State Can Be
Applied Against The Same User
Michigan Medical Marihuana Act
MCL 333.26421 et seq
Does not affect federal
prosecution for possessing,
growing, using, or
transferring marijuana
Michigan Medical Marihuana Act
Prevents state prosecution of
qualified patients & caregivers for
possessing, growing, using, and
transferring marijuana
Qualifying Patient

Has a Debilitating Medical
Condition:
Has Debilitating Symptoms from
Chronic Illness:

Cancer,
Cachexia or wasting syndrome;

Glaucoma,
Severe and chronic pain;

HIV Positive,
Severe nausea;

AIDS,
Seizures (similar to epilepsy);

Hepatitis C,

Amyotrophic lateral sclerosis,

Crohn's disease,
Severe and persistent muscle
spasms (similar to multiple
sclerosis)

Alzheimer's disease,

Nail patella
Opponents argue that symptoms like
chronic pain are easily faked and including
them leads to healthy individuals
becoming qualified patients
Caregivers


Must be at least 21 years
old
Can care for up to 5
patients



Or Themselves + 4 more
No Drug-Related Felonies
Can receive compensation
for costs

But not profit or sales
2011
Court of Appeals
Ruled Dispensaries
For Profit are
Illegal
Physicians

Protected from prosecution or
license penalties





For providing written
certifications
In the course of bona-fide
physician-patient
relationship
Following full assessment of
medical history
Or otherwise stating medical
benefit
Must still provide adequate
standard of care & evaluate
medical condition
Applying for an Identification Card

Patient must submit:
Name, address, date of birth

Application
Photo ID

"Written certification"
Name, address, phone number of
physician




Signed by a physician (2 for
minors)
States patient's debilitating
medical condition
Patient is likely to receive
therapeutic or palliative benefit
from the medical use of
marihuana to treat or alleviate
the patient's debilitating
medical condition or symptoms
associated with the debilitating
medical condition.
Application/Renewal Fee of $100.00
Name, address, date of birth of primary
caregiver (if any)
Whether patient or caregiver will grow
plants
Department is to approve or deny
within 15 days & send out ID cards
within 5 days of approval (valid for 1
year)
If Department fails to respond within
20 days, registry is granted and
application serves as ID card
What is Protected?

"Medical use"




Acquisition, possession, cultivation, manufacture, use, internal possession, delivery,
transfer, or transportation of marihuana or paraphernalia
relating to treatment or alleviating a registered qualifying patient's debilitating
medical condition or symptoms
Up to the Permitted Amount:

2.5 oz of “Useable Marijuana” (dried leaves & flowers)

12 plants in an enclosed locked facility

Incidental seeds and stems
Plants must be stored in "Enclosed, locked facility"

Closet, room, or other enclosed area

Equipped with locks or security devices

Accessible only by a registered primary caregiver or registered qualifying patient.
2 Levels of Protection Under MMMA

Sec. 4 for Qualified Patients & Caregivers








Shall not be subject to arrest,
prosecution, or penalty in any manner, or
denied any right or privilege
Sec. 8 for a Patient (Not Qualified)
Creates an affirmative defense for defendant
to prove
Up to permitted amounts
Physician's opinion of likely
therapeutic/palliative benefit
Shall not be denied custody or parenting
time
Quantity was not more than reasonably
necessary for uninterrupted availability
Not subject to civil forfeiture
Possession, use, growth, transfer, or
transportation was for medical purposes
Medical Use is presumed for qualifying
patients & caregivers
Others may aid in administration of
medicine
Visitors with valid cards from other
states are protected up to 30 days
Possession of card does not create
probable cause or reasonable suspicion
to search person or property
May be asserted in Motion to Dismiss or at
trial
Trial-court level application
has thrown many of these
protections into question
What is NOT Protected?

Sale to non-qualified patients (2 Year Felony)

Possession or use of marijuana:


In a school bus

At a primary or secondary school

In any correctional facility
Smoking marijuana

On public transportation

In a public place

Operating a motor vehicle under the influence of marijuana

Use absent debilitating medical condition

Use in the workplace or working under the influence
Modifying MMMA

MMMA was passed by
voter initiative



63% of popular vote
Created an amendment
to the Michigan
Constitution
Congress can pass
laws modifying MMMA

Needs 2/3rds vote
New Law effective
7/15/2011:
Prohibits possession of
synthetic marijuana
Amends general
controlled substances
laws
Does not directly affect
MMMA
Proposed Bills 2011

To Explicitly prohibit marijuana bars or
clubs






Marijuana bar: Place where patients
would pay to use medical marijuana
Marijuana club: For-pay membership
that allows patients to gather to use
medical marijuana in a private place
To prohibit any felon from becoming a
caregiver & require parents to be
caregivers for under-age patients
To restrict physician-patient relationship so
physician must:
Take medical history
To require Department to notify police of
issuance or voiding of ID card
Do physical examination
To exclude medical marijuana expenses
from insurance coverage
Review relevant test results
To prohibit transfers of medical
marijuana within a certain distance of
schools, churches, or day care centers
To require state-provided caregivers &
punish transfer except to/from
caregiver
Review prior treatment & responses
Discuss advantages, disadvantages,
alternatives, side effects & responses
with patient
Monitor patient for side effects
Maintain patient records
Notify primary care physician
Currently Active Bills





To require 2”x2” color photo of applicant
(similar to passport) on ID Cards
To create 2 year felony for selling
marijuana in violation of ID card
restrictions
To create 90 day misdemeanor for
transportation of marijuana that isn't:

In an enclosed case

In a trunk

Inaccessible from interior of vehicle
To exclude medical marijuana
treatments from Worker's Compensation
To allow private property owners to
prohibit medical marijuana use on their
property
To define Bona-fide physician-patient
relationship requires:
Full assessment of medical history & current
condition (with examination)
Treatment or consultation prior to medical
marijuana recommendation
Reasonable expectation of follow-up
treatment
Notification of primary care physician
To Restrict “Closed Locked Facility” to a
completely enclosed room with
functioning security measures
To exclude Glaucoma as a Debilitating
Medical Condition
To modify the information the Registry
provides to Law Enforcement officers

Article 1 Section 28. Repeal of Marihuana Prohibition.





Would allow acquisition, growth, sale, transfer, transportation, possession, or use of
marihuana
Users must be 21 years of age
Use can be for religious, medical, industrial, agricultural, commercial or personal
purposes
Prohibits any penalty or civil forfeiture
Still prohibits operation of any aircraft, motor vehicle, motorboat, ORV, snowmobile,
train, or other heavy or dangerous equipment or machinery while impaired by
marihuana.