Medical Marijuana Defenses

The Michigan Medical Marijuana Act (MMMA) was passed in 2008 and it allows for the medical use of marijuana in the state of Michigan.  If you have been charged with a Marijuana related drug crime, you will need an experienced Michigan drug attorney to defend your case, such as Barton Morris.

 Who is allowed to have Marijuana under the MMMA?

There are two categories of people who are legally permitted to handle medical marijuana under the MMA.  A patient who has a diagnosed debilitating medical condition, including: cancer; glaucoma; Crohn’s disease; sever and chronic pain; or any other condition authorized by the state of Michigan is allowed to handle medical marijuana.  The second person permitted to handle medical marijuana under the Act is a caregiver.  Keep in mind, the statute is clear in that a caregiver must be at least 21 years old, and cannot have a felony drug conviction on his or her record.  Each caregiver may assist up to 5 patients and may only charge a fee that is reasonable for their services.

MMMA affirmative defenses

Section 8 of the MMMA contains defenses available to a person found in possession of marijuana.  If you don’t possess a registry identification card, your attorney can argue that had you applied for one, you would have been approved.  In order to qualify for protection under Section 8, the patient or caregiver must prove the following four things:

 (1)   A physician completed a full medical assessment of your past and current condition and states that you are likely to benefit from using medical marijuana to treat your condition;

 (2)   The physician statement must have been obtained between the time of the enactment of the MMMA and your marijuana offense;

 (3)   You must show that the amount of marijuana you had in your possession was reasonably necessary to ensure the uninterrupted availability of medical marijuana needed to treat your condition;

 (4)   You must show that you were only growing, possessing, using, transporting or delivering the marijuana for purposes of the patient’s medical use.

Section 4 of the MMMA states that if a patient or caregiver has a registry identification card, and they don’t exceed the maximum allowable amount of marijuana, there is the presumption that they are using the marijuana for medical purposes and cannot be prosecuted in Michigan for a marijuana crime.  Patients may possess 2.5 ounces or less of marijuana at any given time.  A caregiver may possess 12 or less plants per patient.

If you have been charged with a Marijuana crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best legal representation, call Michigan Criminal Attorney Barton Morris at (248) 541-2600.  Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013.  Having conducted multiple dozens of jury trials gives him the experience necessary to effectively handle marijuana crimes and persuade any jury that the prosecution cannot and has not proven their case.

View All Offenses >>