Recently, I was charged with the crime of Possession of Marihuana. How will the new medical marihuana laws help my case, if at all?
To answer this question, it is important to distinguish that criminal prosecution for marijuana can happen on a state or federal level. The Michigan Medical Marihuana Laws do not supersede the federal Controlled Substances Act. That means that Michigan law cannot protect you from federal penalties, prosecution or seizure. So, for the sake of this discussion we will assume that you are being prosecuted on a state level.
The Michigan Medical Marihuana Act (the “Act”) was approved by voters on November 4, 2008. The Michigan Medical Marihuana Program (“MMMP”) is the state registry program within the Michigan Department of Community Health that implements the statutory provisions of the Act. To be clear, Michigan’s medical marihuana laws only apply to “qualifying patients” as described under the Michigan Medical Marihuana Act, MCL 333.26427. To have your situation be legally affected by the new laws, you technically must be a patient or at least in the process of becoming a patient at the time of your offense. Michigan law in pertinent part states 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…” MCL 333.26424. If you were a card carrying patient or a had applied for a Medical Marihuana Qualifying Patient Registry Identification card and paid all of your fees, you will have a defense to state prosecution as long as you did not possess more than 2.5 ounces of useable marihuana. Also, you cannot have more than 12 marihuana plants, and the plants must be in an enclosed area.
Although the Medical Marihuana Act has been in place for nearly a year, some kinks still need to be ironed out. For example, my office has encountered prosecution issues when a person has been prescribed medical marihuana by his or her doctor for the treatment of a serious illness, but who has not yet filed an application for a medical marihuana card. In some instances, these individuals have been prosecuted for possession of marihuana or for growing marihuana plants in their homes. I have noticed that the treatment of these individuals varies among the law enforcement officers and prosecutors of northern Michigan counties. For instance, individuals who have been prescribed for medical marihuana but have not yet completed the application process for obtaining their license, may have the charges dropped against them upon providing a copy of their license after the fact as long as they were otherwise complaint with the act. However, other counties will prosecute these individuals to the fullest extent of the law, even if the person later obtains a medical marihuana card. The medical marihuana laws in Michigan are still relatively new, and it will most likely take some more time before law enforcement and prosecutors work out any discrepancies in prosecuting marihuana possession charges in light of the new law. For more information on the Michigan Medical Marihuana Act, go to www.Michigan.GOV/MMP.
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