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.
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