Straight Talk

On

Medical Marijuana Laws

Controlled Substance Laws

State Prohibition

99% of marijuana arrests are under state laws

Federal Prohibition

States are NOT required to enforce federal law

Both Federal & State Can Be

Applied Against The Same User

Michigan Medical Marihuana ActMCL 333.26421 et seq

Michigan Medical Marihuana Act

Prevents state prosecution of qualified patients & caregivers forpossessing, growing, using, and transferring marijuana

Does not affect federal prosecution for possessing, growing, using, or transferring marijuana

Qualifying Patient

Has a Debilitating Medical Condition:

Cancer,

Glaucoma,

HIV Positive,

AIDS,

Hepatitis C,

Amyotrophic lateral sclerosis,

Crohn's disease,

Alzheimer's disease,

Nail patella

Has Debilitating Symptoms from Chronic Illness:

Cachexia or wasting syndrome;

Severe and chronic pain;

Severe nausea;

Seizures (similar to epilepsy);

Severe and persistent muscle spasms (similar to multiple sclerosis)

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

20112011Court of AppealsCourt of Appeals

Ruled DispensariesRuled DispensariesFor Profit areFor Profit are

IllegalIllegal

20112011Court of AppealsCourt of Appeals

Ruled DispensariesRuled DispensariesFor Profit areFor Profit are

IllegalIllegal

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:

Application

"Written certification"

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

Photo ID

Name, address, phone number of physician

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

Up to permitted amounts

Shall not be denied custody or parenting time

Not subject to civil forfeiture

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

Sec. 8 for a Patient (Not Qualified)

Creates an affirmative defense for defendant to prove

Physician's opinion of likely therapeutic/palliative benefit

Quantity was not more than reasonably necessary for uninterrupted availability

Possession, use, growth, transfer, or transportation was for medical purposes

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 require Department to notify police of issuance or voiding of ID card

To exclude medical marijuana expenses from insurance coverage

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

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 Do physical examination Review prior treatment & responses Review relevant test results Discuss advantages, disadvantages,

alternatives, side effects & responses with patient

Monitor patient for side effects Maintain patient records Notify primary care physician

To allow local ordinances to prohibit marijuana grow facilities

To prohibit caretakers from advertising

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.