Michigan Medical Marijuana Act
In 2008, the voters in the State of Michigan passed the Michigan Medical Marijuana Act. This Act allows for the medical use of Marijuana in the State of Michigan. Within the Act itself, there are two categories of people who gain immunity from prosecution for possessing Marijuana. An attorney who knows the categories and requirements can make all the difference between a person avoiding jail time and getting their case dismissed.
The first section of the Medical Marijuana Act that deals with this is Section 4. Under Section 4 of the Medical Marijuana Act, if a person suffers from certain medical conditions that are debilitating such as Crohn’s Disease, Glaucoma, Cancer or other conditions authorized by the State of Michigan, they are eligible for a registry card. This registry card is proof that the holder of the card has such a condition and, if the card is shown to a police officer or prosecutor, will protect the cardholder from being prosecuted or arrested for a Marijuana crime. It is important to keep in mind that this card only allows you to possess 2.5 ounces or less of Marijuana at any given time. If you have more than is legally allowed, you may not have the protections provided under Section 4 of the Medical Marijuana Act.
The second section of importance is Section 8 of the Michigan Medical Marijuana Act. This Section probably has the largest category of people who have been arrested or prosecuted for possessing Marijuana. People falling into this category who have an illness or disease authorized by the State of Michigan, but for one reason or another do not possess a valid registry card, you will have to prove four things to be immune from prosecution:
- 1. That you were evaluated by a physician and that doctor said you would benefit from using Medical Marijuana;
- 2. That the evaluation statement from the physician was made after the Medical Marijuana Act was enacted in 2008 but before the alleged offense;
- 3. You also have to show that whatever amount of Marijuana you had was “reasonably necessary” to ensure the uninterrupted availability of Medical Marijuana to treat your condition; and
- 4. You only possess Marijuana for your condition.
You should be aware that Section 8 defense is not limited to the possession of 2.5 ounces of Medical Marijuana. You are allowed to possess more Marijuana than that amount if you fall into this category of people. However, you have to prove that the amount you have is “reasonably necessary.” Most of the time, individuals possess more than 2.5 ounces because they cook with it, and this requires more Marijuana. Medical Marijuana can be used in the preparation of many things including butter, meatloaf, drinks, and bread.
Need More Information?
If you have been charged with a Marijuana crime in Ingham, Jackson, Washtenaw, Lenawee, Hillsdale or Calhoun Counties or any other surrounding areas and want the best legal representation, call the Law Offices of Brandt & Dehncke, PLLC, at (517) 787-8041.