Michigan Medical Marijuana Attorneys
We are Not Afraid to Fight for You and Do Everything Possible to Win Your Medical Marijuana-Related Prosecution!
Michigan Medical Marijuana Attorneys
The Michigan Medical Marijuana Attorneys with LEWIS & DICKSTEIN, P.L.L.C., currently handles multiple medical marijuana defense-related cases. Additionally, we represent many clients accused, but not yet charged, of Possessing an Illegal Amount of Marijuana or Possession with Intent to Deliver Medical Marijuana. Our lawyers have developed expertise with the Michigan Medical Marijuana Act (MMMA) and all the defenses available under Michigan law.
History of the Michigan Medical Marijuana Act
On November 4, 2008, Michigan voters passed the “Michigan Medical Marijuana Act.” This Act allows doctor-approved use of marijuana by patients who have certain serious medical conditions and register with the state to use and grow limited amounts of marijuana to treat their illness.
Although the vast majority of Michigan voters approved and agreed with using marijuana to treat those suffering from debilitating conditions and chronic pain, many Michigan prosecutors have taken a firm position opposing their constituents’ intent and desire. When the prosecutor’s office is gearing up to fight you and prosecute you for complying with your doctor’s recommended course of medical treatment for your condition, our Michigan Medical Marijuana Lawyers will gear up to bring the fight to them!!! Those patients and caregivers charged or accused of committing a crime in Michigan need the best legal representation from the most experienced medical marijuana lawyers.
Medical Marijuana Users and Caregivers
Two types of people are authorized under the Michigan Medical Marijuana Act to engage in the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition. The patient is the one who uses medical marijuana to help with their medical problems. A primary caregiver may be needed when a patient is too sick or unable to handle growing or obtaining their personal medical marijuana. The caregiver must be at least 21 years old, agree to assist with a patient’s medical use of marijuana, and not have a felony drug conviction on their record. A primary caregiver may assist up to five (5) patients at any given time and charge a reasonable fee for their services. A Michigan medical marijuana attorney can help you understand the requirements for legally possessing medical marijuana.
For a patient to qualify for protection under the MMMA, they must be diagnosed by a physician to be suffering from a “debilitating medical condition,” including cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s disease, nail patella, or disease which causes cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, severe and persistent muscle spasms, or any other condition authorized by Michigan. The patient’s primary caregiver can also possess or grow medical marijuana.
Our Michigan medical marijuana attorneys have handled drug possession, delivery, cultivation, distribution, and trafficking cases in countless federal and state courts throughout Michigan and the United States. Counties that we have recently handled cases in that are particularly ruthless on Medical Marijuana charges are:
A Michigan Medical Marijuana Defense Attorney Can Help You Understand the Transportation of Medical Marijuana Law.
The Michigan Medical Marijuana Act precludes a medical marijuana patient’s conviction for illegally transporting marijuana. Although a Michigan law prohibits the transport of medical marijuana unless it is enclosed in a trunk or a case that is not readily accessible to the driver, the MMMA prohibits a conviction because it expressly states, “all other acts inconsistent with this act do not apply to the medical use of marihuana….” A prosecutor should dismiss a charge for illegal transportation.
Section 4 – Defense for Medical Marijuana Use, Possession, or Transfer
As for a qualifying patient, the Section 4 defense provides that a qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana under this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount (in other words, the shake is not included in the weight).
Section 4 also applies to primary caregivers for qualifying patients. The statute provides that a primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom they are connected through the department’s registration process with the medical use of marijuana under this act, provided that the primary caregiver possesses an amount of marijuana that does not exceed:
- 2.5 ounces of usable marijuana for each qualifying patient to whom they are connected through the department’s registration process and for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marijuana for the qualifying patient,
- 12 marihuana plants kept in an enclosed, locked facility and
- any incidental amount of seeds, stalks, and unusable roots.
Section 8 – Protection for Those Without Registry Identification Cards
The Michigan Medical Marijuana Act (MMMA) also provides an affirmative defense under Section 8 to protect patients who have not applied for or received a Registry Identification Card. In these circumstances, a Michigan medical marijuana defense attorney can argue that they would have been approved if their client had applied for a registry information card. To avoid a conviction under Section 8, the patient must show three things. The first thing is that after completing a full assessment of the patient’s medical history and current condition, a physician in a “bonafide” physician-patient relationship with the patient must state that the patient is likely to benefit from using medical marijuana to treat the patient’s condition. This statement from the physician must occur between the enactment of the MMMA and the defendant’s marijuana offense (not the arrest or prosecution date). The patient must show that the patient had an amount of marijuana that was “reasonably necessary to ensure the uninterrupted availability of marihuana” to treat the patient’s medical condition. Finally, the patient must show that they were only growing, possessing, using, transporting, or delivering marijuana for the patient’s legitimate medical use.
Recreational Use and Possession of Marihuana
In Michigan, only adults over the age of 21 may use marihuana legally. Regarding where you may use the substance, Possession or Use of Marijuana by Someone Under 21 faces a possible civil infraction and a fine. Michigan law requires that anyone using marijuana do so in private, such as in their residence, hotel room, or private office. It is illegal to use marijuana in public places, such as on the street, at concerts, sporting events, parks, or restaurants.
Possession of marijuana is another matter. The amount that you may carry varies depending on where you are. For example, while you may possess up to 10 ounces of marijuana in your home, you may not carry more than 2.5 ounces of marijuana when out in public. Furthermore, it’s illegal to possess marijuana in areas frequented by children, such as schools and school buses.
Possession and use of marijuana are still illegal under federal law, so you should possess marijuana on federal land or in locations regulated by federal law. Airports, for example, are considered federal property and, as such, follow federal law. Therefore, possessing or using marijuana in an airport, on other federal property, on military bases, and in federal prisons and detention centers is illegal.
Michigan Medical Marijuana Defense Attorneys
If you or your loved one is charged with or accused of an offense involving marijuana or any controlled substance, you need top legal representation to avoid jail and a conviction, if possible. The MMMA Defense Team with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending clients charged with possession, delivery, and manufacture felony and misdemeanor charges. Call for a free consultation with a top criminal defense attorney today.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
The Law – Defenses to Medical Marijuana Charges
The most experienced Michigan Medical Marijuana Attorneys stay abreast of the latest Medical Marijuana laws to obtain the best possible result for clients. The two general areas of defense built into the MMMA are found in Sections 4 and 8 and can be seen below:
333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity to medical use of marijuana; registry identification issued outside of department; sale of marijuana as felony; penalty.
4. Protections for the Medical Use of Marijuana.
Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.
(b) A primary caregiver who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department’s registration process with the medical use of marihuana in accordance with this act. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses marihuana in forms and amounts that do not exceed any of the following:
(1) For each qualifying patient to whom he or she is connected through the department’s registration process, a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.
(2) For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility.
(3) Any incidental amount of seeds, stalks, and unusable roots.
(c) For purposes of determining usable marihuana equivalency, the following shall be considered equivalent to 1 ounce of usable marihuana:
(1) 16 ounces of marihuana-infused product if in a solid form.
(2) 7 grams of marihuana-infused product if in a gaseous form.
(3) 36 fluid ounces of marihuana-infused product if in a liquid form.
(d) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
(e) There is a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver complies with both of the following:
(1) Is in possession of a registry identification card.
(2) Is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana 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.
(f) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation does not constitute the sale of controlled substances.
(g) A physician shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to 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, 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, or for otherwise stating that, in the physician’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition, provided that nothing shall prevent a professional licensing board from sanctioning a physician for failing to properly evaluate a patient’s medical condition or otherwise violating the standard of care for evaluating medical conditions.
(h) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient’s medical use of marihuana.
(i) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.
(j) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.
(k) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient’s medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.
(l) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed the medical use of marihuana under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.
(m) A person shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for manufacturing a marihuana-infused product if the person is any of the following:
(1) A registered qualifying patient, manufacturing for his or her own personal use.
(2) A registered primary caregiver, manufacturing for the use of a patient to whom he or she is connected through the department’s registration process.
(n) A qualifying patient shall not transfer a marihuana-infused product or marihuana to any individual.
(o) A primary caregiver shall not transfer a marihuana-infused product to any individual who is not a qualifying patient to whom he or she is connected through the department’s registration process.
8. Affirmative Defense and Dismissal for Medical Marihuana.
8. Affirmative Defense and Dismissal for Medical Marihuana.
Sec. 8. (a) Except as provided in section 7(b), a patient and a patient’s primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:
(1) A physician has stated that, in the physician’s professional opinion, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition;
(2) The patient and the patient’s primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition; and
(3) The patient and the patient’s primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition.
(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).
(c) If a patient or a patient’s primary caregiver demonstrates the patient’s medical purpose for using marihuana pursuant to this section, the patient and the patient’s primary caregiver shall not be subject to the following for the patient’s medical use of marihuana:
(1) disciplinary action by a business or occupational or professional licensing board or bureau; or
(2) forfeiture of any interest in or right to property.
