Michigan voters on November 4, 2008 approved the Michigan Medical Marijuana Act(MMMA) which allows individuals to use medical marijuana. The act requires that an individual with a qualifying medical condition to register as a medical marijuana patient with the Michigan Department of Community Health(MDCH) and avoid criminal penalties under the law for certain medical uses of marijuana.
Read the full text of the Michigan Medical Marijuana Act here.
www.legislature.mi.gov
WHO IS PROTECTED?
Patients with a physician's recommendation and their primary caregivers, defined as, "The individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person." Examples: spouse or partner, professional caregiver or nurse.
WHAT ABOUT FEDERAL LAW?
Under the federal Controlled Substances Act, possession of any marijuana is a misdemeanor and cultivation is a felony. In addition, premises used to sell or cultivate marijuana for sale are subject to forfeiture.
An important new Ninth Circuit appellate court ruling, Raich v. Ashcroft, protects patients from federal prosecution for the intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes.
The basis for the decisions is that personal use is outside the scope of the federal government's powers under the commerce clause of the Constitution.
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PROP. 215 , the California Compassionate Use Act, was enacted by the voters and took effect on Nov. 6, 1996 as California Health & Safety Code 11362.5. The law removes criminal penalties for personal use possession and cultivation of marijuana for medical purposes by patients (and their designated "primary caregivers") who have a physician's recommendation or approval.
SB420, a legislative statute, went into effect on January 1, 2004 as California H&SC 11362.7-.83. This law broadens Prop. 215 to transportation and other offenses in certain circumstances; allows patients to "collectively or cooperatively" cultivate for medical purposes; allows probationers, parolees, and prisoners to apply for permission to use medical marijuana; and sets limits on where marijuana may be smoked. The law also establishes a statewide, voluntary ID card system administered by county health departments. Patients with ID cards are supposed to be protected from arrest provided they adhere to specified quantity limits. However, not all counties offer state ID cards at this point.
info.sen.ca.gov/bill/sb_420_bill
HOW MUCH CAN PATIENTS POSSESS OR CULTIVATE?
SB420 establishes a baseline statewide guideline of 6 mature or 12 immature plants, plus 1/2 pound (8 oz.) processed cannabis per patient. Patients can be exempted from these limits if their physician specifically states that they need more. In addition, individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. For instance, Sonoma County allows patients up to three pounds and 30 plants in 100 square feet of growing area. For a list of other local limits, click the link www.canorml.org.
The SB420 guidelines are not binding limits. Patients who are arrested for exceeding them can still defend themselves in court by arguing that the amount they had was consistent with their personal medical needs. A state appellate court has ruled that the legislature cannot legally limit the amount of marijuana patients may grow or possess since that would violate their rights under Prop. 215; hence the SB 420 "limits" are unconstitutional (People. v Kelly). The full implications of the Kelly ruling are unclear at this point (May 2008). For example, it's not certain whether it prevents the SB420 guidelines from being used to protect ID-carrying patients from arrest.
CAN PATIENTS STILL BE ARRESTED OR RAIDED?
YES, unfortunately. There is nothing in Prop. 215 to compel police to accept a patient as being valid. Many legal patients have been raided or arrested for having dubious or outdated recommendations, for growing amounts that cops deem excessive, on account of neighbors' complaints, etc. An essential aim of the state ID card system (once it becomes effective) will be to help avoid undue arrests.
Once patients have been charged, it is up to the courts to determine the validity of their medical claim.
A landmark State Supreme Court decision, People vs. Mower, holds that patients have the same legal right to marijuana as to any legally prescribed drug. Under Mower, patients who have been arrested can request dismissal of charges at a pre-trial hearing. If the defendant convinces the court that the prosecution hasn't established probable cause that it was for other than medical purposes, criminal charges are dismissed. If not, the patient goes on to trial, and the burden is on the prosecution to prove "beyond a reasonable doubt" that the defendant was guilty. Those who have had their charges dropped may file to have their property returned, and possibly claim damages.
In many cases, police raid patients and take their medicine without filing criminal charges. In order to reclaim their medicine, patients must then file a court suit on their own. For legal assistance in filing suit for lost medicine, contact Americans for Safe Access (click the link) www.safeaccessnow.org.
WHAT ABOUT FEDERAL LAW?
Under the federal Controlled Substances Act, possession of any marijuana is a misdemeanor and cultivation is a felony. In addition, premises used to sell or cultivate marijuana for sale are subject to forfeiture.
An important new Ninth Circuit appellate court ruling, Raich v. Ashcroft, protects Prop. 215 patients from federal prosecution for the intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes. The basis for the decisions is that personal use is outside the scope of the federal government's powers under the commerce clause of the Constitution. The Raich ruling is currently under appeal to the U.S. Supreme Court, with a decision expected in Spring 2005. In the meantime, it remains federal law in the Ninth Circuit, which includes California and the Pacific Coast .
WHERE CAN MEDICAL MARIJUANA BE SMOKED?
SB420 disallows marijuana smoking in no smoking zones, within 1000 feet of a school or youth center except in private residences; on school buses, in a motor vehicle that is being operated, or while operating a boat. Patients are advised to be discreet or consume oral preparations in public. Some state colleges have refused to allow medical marijuana on campus, even in designated smoking areas; the legality of these bans is disputed.
CAN PRISONERS AND PROBATIONERS USE MEDICAL MARIJUANA?
SB420 allows probationers, parolees, and prisoners to apply for permission to use medical marijuana. However, it does not require correctional facilities to accommodate medical marijuana use by prisoners or arrestees.
WHAT ABOUT CHILDREN?
Children under 18 should have parental consent for medical marijuana.
WHERE CAN I GET MEDICAL MARIJUANA?
Even though Prop. 215 doesn't legalize sales, scores of patients groups, clubs and caregivers are presently providing marijuana to patients. For a list, see www.canorml.org.
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