Michigan Medical Marijuana Defenses

hmed_marijuana_1106The Michigan Medical Marijuana Act (MMMA) was passed in 2008 and it allows for the medical use of marijuana in the state of Michigan.  There are two categories of people who are immune from arrest and/or prosecution for possession of marijuana under the MMMA.  Knowing the categories and requirements can mean the difference between going home and going to jail.

Section 4 of the MMMA contains defenses available to the first category of people typically in possession of marijuana.  Under this section, if a person suffers from a debilitating condition such as cancer, glaucoma, Crohn’s disease or any other condition authorized by the state of Michigan they are eligible for a registry card.  The registry card is proof of such a condition and if shown to a police officer or prosecutor will protect you from being arrested or prosecuted for a marijuana crime.

Keep in mind that even with a valid registry card you may only legally possess 2.5 ounces or less of marijuana at any given time.  If you have any more than the legally allowed amount you will lose the benefits of Section 4.

Section 8 of the MMMA contains defenses available to the second, and probably largest, category of people who have been arrested or are being prosecuted for possessing marijuana.

People falling into this category are those who have a debilitating illness or disease authorized by the state of Michigan, but for one reason or another do not possess a valid registry card.  If you happen to fall into this category you will have to prove 4 things:

1-     That you were evaluated by a physician and the physician stated that you would benefit from using medical marijuana;

2-    The evaluation and statement from the physician was made AFTER the enactment of the MMMA in 2008, but BEFORE your offense;

3-   You have to show that whatever amount of marijuana you had on you was reasonably necessary to ensure the uninterrupted availability of medical marijuana needed to treat your condition; and,

4-     You only possessed the marijuana for your condition.

As you probably noticed, under Section 8 you are not limited to the 2.5 ounces of medical marijuana.  Although you are allowed to possess more marijuana if you fall into this category of people, you will have to really prove that the amount you had was reasonably necessary.  The most common reason that people would ever possess more than 2.5 ounces is because they cook with it, and this requires more marijuana.  Medical marijuana can be used in the preparation of many things to aid in someone’s illness including: butter, meatloaf, cold tinctures, drinks, bread, and even mashed potatoes.  For a list of recipes that include medical marijuana, click here.

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 The Law Office of Barton Morris at (248) 541-2600.