Medical Marijuana Lawyer, Ann Arbor, Michigan

Overview | Patients | Caregivers | Applications | Protections & Restrictions | Affirmative Defense

Ann Arbor, Michigan / Detroit Michigan, Medical Marijuana Attorney

In recognition of modern medical research (most notably by the National Academy of Sciences’ Institute of Medicine) showing clear beneficial use of Marijuana in treating/alleviating pain, nausea, and many other debilitating medical conditions, the State of Michigan passed the Michigan Medical Marijuana Act (Proposal 1) in 2008. This Act provides explicit protection for qualifying Michigan patients that register with the Department of Community Health and receive registry identification cards to show law enforcement officials.

Important Announcements:

Police raid 2 medical marijuana clinics in Ann Arbor - Click Here to read more at AnnArbor.com

Court of Appeals Opinion (PDF) on whether Medical Marihuana Act permits the selling of marihuana.

Ypsilanti City Council approves new medical marijuana dispensing regulations - Click Here to read more at AnnArbor.com

Attorney General Opinion (PDF) on whether Medical Marihuana Act prohibits the collective growing or sharing of marihuana plants.

 

Although federal law currently prohibits any use of marijuana except under very limited circumstances, states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use and cultivation of marijuana. Michigan joins in this effort for the health and welfare of its citizens.

If you have questions or concerns about how you too can obtain State protection for medicinal marijuana, my law office can provide you with the experienced legal advice you need, and give you the peace of mind you deserve. On this page you will find a thorough breakdown of the Michigan State Law and what your rights are. This Act offers strong legal defense against any abuse from law enforcement officials and with my extensive legal experience in this field we can vigorously defend your medical rights. Call Today.

Michigan Medical Marijuana Act (PDF)
Michigan Medical Marijuana Act (HTML)

MDCH - Medical Marijuana Program:
http://www.michigan.gov/mdch/1,1607,7-132-27417_51869---,00.html

Michigan marijuana Law and Rules
http://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52138---,00.html

Patients

To qualify as a patient under the Michigan Medical Marijuana Act requires gaining “written certification” from a state licensed physician verifying your state approved “debilitating medical condition” and their professional opinion that medicinal marijuana is an acceptable treatment for that condition.

“Debilitating Medical Conditions” - means 1 or more of the following:

• Cancer
• glaucoma
• positive status for human immunodeficiency virus (HIV)
• acquired immune deficiency syndrome (AIDS)
• hepatitis C
• amyotrophic lateral sclerosis
• Crohn's disease
• agitation of Alzheimer's disease
• nail patella
• or the treatment of these conditions

It can also mean a chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following:

• cachexia or wasting syndrome
• severe and chronic pain
• severe nausea
• seizures, including but not limited to those characteristic of epilepsy
• severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.

And lastly, it can include any future conditions approved by the department.

Registered Patients are legally allowed to:

• be in possession of up to 2.5 oz of 'usable marijuana”
• grow up to 12 plants in an “enclosed and locked facility” OR designate a Primary Caregiver who is legally allowed to grow up to 12 plants in an “enclosed locked facility” for the patients use.
• And “medically use” marijuana on personal/private property with the consent of the owner

Registered caregivers must be 21 or older. Patients under age 18 must have the consent of their parent or guardian responsible for medical decisions. The parent or guardian must be the registered caregiver of the minor patient.

(Any individual may simultaneously be registered as a qualifying patient and as a primary caregiver)

Caregivers

To qualify as a caregiver under the Michigan Medical Marijuana Act only requires being designated as Primary Caregiver by a registered patient. A caregiver must be at least 21 years old and have no prior felonies involving controlled substances. Each caregiver is also limited to a maximum of 5 patients at a time.

Once registered, a Primary Caregiver is legally allowed to:

• be in possession of up to 2.5 oz of “usable marijuana” for each registered patient to whom he or she is connected through the department's registration process.
• to grow up to 12 plants in an “enclosed locked facility” for each registered patient to who he or she is connected through the department's registration process.

for the purpose of assisting a qualifying patient to whom he or she is connected through the department's registration process with the “medical use” of marijuana in accordance with this act.

(Any individual may simultaneously be registered as a qualifying patient and as a primary caregiver)

Application

Applications for Patient Registration can be found at the official MMMP website:
http://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52139---,00.html

Medical Marijuana Packet (PDF)

Each application will consist of 3 forms:

• Patient Application Form
• Caregiver Designation
• Physician's Certification

Physician's Certification

This form is the most important and should be handled before anything else.

This is “written certification” from a state licensed physician verifying your state approved “debilitating medical condition” and their professional opinion that medicinal marijuana is an acceptable treatment for that condition.

The physician responsible for initial diagnosis does not need to be the same physician who signs the “written certification” though the signing physician must still inspect the patient thoroughly enough to form a professional opinion about the condition.

Caregiver Designation

If it is not your intention to grow or administer your own marijuana, you will also need to find a “Caregiver” before proceeding.

Any person at least 21 years old with a clean legal history will qualify.

The parent or guardian must be the registered caregiver of a minor patient.

Medical Marijuana Patient Application

For the application you will need to provide the department with some general information for purposes of verification and regulation.

• Name, address, and date of birth (must be a resident in the state of Michigan)
• Name, address, and telephone number of the qualifying patient's physician
• Name, address, and date of birth of “Caregiver”, if applicable (also state resident)

Photographic Identification of both the qualifying patient and caregiver – copies of the following are acceptable:

• Current Driver's License, Federal or State ID card, Military ID card, Passport, Native American tribal identification card with photo, Permanent Resident or Alien Registration card

Under no circumstances is the Department authorized to release this information without a properly executed release of that information signed by the individual. The release must also specify what information the department is authorized to release and to whom. (The only exception to this rule: The Department shall verify upon a request by law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of said card).

Submit the completed application with all required documents together by mail to:
Michigan Department of Community Health
Medical Marijuana Registry
P.O. Box 30083
Lansing, MI 48909

After the application is received the Department shall approve or deny within 15 days. During that time they will verify application information by:

• contacting each applicant/caregiver by telephone or mail to establish identity
• Verifying Physician's license to practice in the state
• Contacting Physician directly to confirm validity of written certification

Upon approval the department then has 5 days to issue out registry cards for patient/caregiver via regular mail.

The department reserves the right to deny an application on grounds of any false or incomplete information provided, but otherwise has very little authority for denial.

Protections/Restrictions

Possession

Patient - A registered patient is legally allowed to be in possession of up to 2.5 oz of “usable marijuana” and grow up to 12 plants in an “enclosed locked facility.” If the patient has a registered caregiver they must choose whether to transfer their growing privileges to their caregiver or keep them for themselves. The 12 plants cannot be split between the two. Either the patient grows, or the caregiver grows. Not both.

Caregiver – A registered caregiver is legally allowed to be in possession of up to 2.5 oz of “usable marijuana” for each registered patient to whom he or she is connected through the department's registration process. A registered caregiver is also legally allowed to grow up to 12 plants in an “enclosed locked facility” for each registered patient to who he or she is connected through the department's registration process.

(Any individual may simultaneously be registered as a qualifying patient and as a primary caregiver)

Usage

"Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

This act only provides for the medical use of marijuana by a qualifying patient on personal/private property with the consent of the owner.

Restrictions

This act shall not permit any person to do the following:

• Possess marijuana or otherwise engage in the use of marijuana when:
  • on a school bus
  • at a preschool, primary school, or secondary school
  • in any correctional facility
• Smoke marijuana when:
  • on any form of public transportation
  • in any public place
• Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana
• undertake any task under the influence when doing so would constitute negligence or professional malpractice

This act also in no way says:

• that an employer must accommodate the ingestion of marijuana in any workplace
• that an employer must accommodate an employee working while under the influence of marijuana
• that a government, commercial, or non-profit health insurer will reimburse a person for costs associated with the medical use of marijuana

Affirmative Defense

There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marijuana in accordance with this act if the qualifying patient or primary caregiver:

• is in possession of a registry identification card; and
• is in possession of an amount of marijuana that does not exceed the amount allowed under this act.

The presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

A registered Patient who has been issued and is in possession of a registry identification card shall not be subject to:

• arrest
• prosecution
• penalty in any manner
• denial of right or privilege, including but not limited to:
  • child custody, civil penalty or disciplinary action by a business/occupational/ professional licensing board/bureau

for the medical use of marijuana or possession of marijuana in accordance with the act.

A registered Caregiver who has been issued and is in possession of a registry identification card shall not be subject to:

• arrest
• prosecution
• penalty in any manner
• denial of right or privilege, including but not limited to:
  • child custody, civil penalty or disciplinary action by a business/occupational/ professional licensing board/bureau

for assisting their registered patient(s) with the medical use of marijuana or possession of marijuana in accordance with the act .

A physician shall not be subject to:

• arrest
• prosecution
• penalty in any manner
• denial of right or privilege, including but not limited to:
  • child custody, civil penalty or disciplinary action by the Michigan board of Medicine, the Michigan board of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau

solely for providing written certifications, or otherwise stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's serious or debilitating medical condition symptoms associated with the serious debilitating medical condition.

Provided that it was done:

• in the course of a bona fide physician-patient relationship
• and after the physician has completed a full assessment of the qualifying patient's medical history

A Patient from Another State in possession of a registry identification card, or it's equivalent, issued under the laws of another sate shall have the same force and effect as a card issued by this state's department.

There shall also be no punishment of any kind for:

• providing marijuana paraphernalia to registered patient/caregiver
• being in the presence or vicinity of medical use of marijuana in accordance with this act

No marijuana, marijuana paraphernalia, or licit property possessed in connection with the medical use of marijuana shall be seized or forfeited.