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’ve been charged with a medical marijuana-related crime, you’ll need an experienced medical marijuana defense attorney to defend your case, such as those at The Law Offices of Barton Morris. Section 8 of the MMMA contains defenses available to a person found in possession of marijuana. In this article you’ll learn how to fight a marijuana-related charge and how to get a medical marijuana card in Michigan. If you don’t possess a registry identification card, your attorney can argue that had you applied for one, you would’ve been approved. Facing a marijuana-related charge? Unhappy with your current attorney. Request a free consultation now. Free Consultation
Am I Protected by the MMMA?
There are two categories of people who are immune from arrest and/or prosecution for possession of marijuana under the MMMA. A patient who has a diagnosed with a debilitating medical condition, including cancer; glaucoma; Crohn’s disease; severe and chronic pain; or any other condition authorized by the state of Michigan, is allowed to handle medical marijuana. The second type of person permitted to handle medical marijuana under the act is a caregiver. Keep in mind that 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 five patients and may only charge a fee that’s reasonable for their services. Facing a marijuana-related charge? Unhappy with your current attorney? Request a free consultation now.
In order to qualify for protection under Section 8, how to get a medical marijuana card, the patient or caregiver must prove the following:
- A physician completed a full medical assessment of your past and current condition and stated that you’re likely to benefit from using medical marijuana to treat your condition;
- The physician statement must have been obtained between the time of the enactment of the MMMA and your marijuana offense;
- 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;
- 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 fewer plants per patient.
Facing a marijuana-related charge? Unhappy with your current attorney? Request a free consultation now.
We Have a Proven Track Record of Aggressive Defense
Facing criminal charges for marijuana while also dealing with a medical condition is incredibly stressful. At The Law Offices of Barton Morris, we’re committed to helping people by providing premier-level legal representation that puts the client’s needs first. We always get to know our clients as we believe that when we truly understand them and their lives, we’re better able to represent them in court. Our Michigan drug crimes lawyers also have more than 20 years of experience in handling these types of charges. Facing a marijuana-related charge? Unhappy with your current attorney? Request a free consultation now.