Straight Talk On Medical Marijuana Laws

Controlled Substance Laws State Prohibition 99% of marijuana arrests are under state laws Federal Prohibition States are NOT required to enforce federal law

Both Federal & State Can Be Applied Against The Same User

Michigan Medical Marihuana Act MCL et seq Michigan Medical Marihuana Act Prevents state prosecution of qualified patients & caregivers for possessing, growing, using, and transferring marijuana Does not affect federal prosecution for possessing, growing, using, or transferring marijuana

Qualifying Patient Has a Debilitating Medical Condition: Cancer, Glaucoma, HIV Positive, AIDS, Hepatitis C, Amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's disease, Nail patella Has Debilitating Symptoms from Chronic Illness: Cachexia or wasting syndrome; Severe and chronic pain; Severe nausea; Seizures (similar to epilepsy); Severe and persistent muscle spasms (similar to multiple sclerosis) Opponents argue that symptoms like chronic pain are easily faked and including them leads to healthy individuals becoming qualified patients

Caregivers Must be at least 21 years old Can care for up to 5 patients Or Themselves + 4 more No Drug-Related Felonies Can receive compensation for costs But not profit or sales 2011 Court of Appeals Ruled Dispensaries For Profit are Illegal2011 Court of Appeals Ruled Dispensaries For Profit are Illegal

Physicians Protected from prosecution or license penalties For providing written certifications In the course of bona-fide physician-patient relationship Following full assessment of medical history Or otherwise stating medical benefit Must still provide adequate standard of care & evaluate medical condition

Applying for an Identification Card Patient must submit: Application "Written certification"  Signed by a physician (2 for minors)  States patient's debilitating medical condition  Patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. Application/Renewal Fee of $ Name, address, date of birth Photo ID Name, address, phone number of physician Name, address, date of birth of primary caregiver (if any) Whether patient or caregiver will grow plants Department is to approve or deny within 15 days & send out ID cards within 5 days of approval (valid for 1 year) If Department fails to respond within 20 days, registry is granted and application serves as ID card

What is Protected? "Medical use" Acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to treatment or alleviating a registered qualifying patient's debilitating medical condition or symptoms Up to the Permitted Amount: 2.5 oz of “Useable Marijuana” (dried leaves & flowers) 12 plants in an enclosed locked facility Incidental seeds and stems Plants must be stored in "Enclosed, locked facility" Closet, room, or other enclosed area Equipped with locks or security devices Accessible only by a registered primary caregiver or registered qualifying patient.

2 Levels of Protection Under MMMA Sec. 4 for Qualified Patients & Caregivers Shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege Up to permitted amounts Shall not be denied custody or parenting time Not subject to civil forfeiture Medical Use is presumed for qualifying patients & caregivers Others may aid in administration of medicine Visitors with valid cards from other states are protected up to 30 days Possession of card does not create probable cause or reasonable suspicion to search person or property Sec. 8 for a Patient (Not Qualified) Creates an affirmative defense for defendant to prove Physician's opinion of likely therapeutic/palliative benefit Quantity was not more than reasonably necessary for uninterrupted availability Possession, use, growth, transfer, or transportation was for medical purposes May be asserted in Motion to Dismiss or at trial Trial-court level application has thrown many of these protections into question

What is NOT Protected? Sale to non-qualified patients (2 Year Felony) Possession or use of marijuana: In a school bus At a primary or secondary school In any correctional facility Smoking marijuana On public transportation In a public place Operating a motor vehicle under the influence of marijuana Use absent debilitating medical condition Use in the workplace or working under the influence

Modifying MMMA MMMA was passed by voter initiative 63% of popular vote Created an amendment to the Michigan Constitution Congress can pass laws modifying MMMA Needs 2/3rds vote New Law effective 7/15/2011: Prohibits possession of synthetic marijuana Amends general controlled substances laws Does not directly affect MMMA

Proposed Bills 2011 To Explicitly prohibit marijuana bars or clubs Marijuana bar: Place where patients would pay to use medical marijuana Marijuana club: For-pay membership that allows patients to gather to use medical marijuana in a private place To require Department to notify police of issuance or voiding of ID card To exclude medical marijuana expenses from insurance coverage To prohibit transfers of medical marijuana within a certain distance of schools, churches, or day care centers To require state-provided caregivers & punish transfer except to/from caregiver To prohibit any felon from becoming a caregiver & require parents to be caregivers for under-age patients To restrict physician-patient relationship so physician must: Take medical history Do physical examination Review prior treatment & responses Review relevant test results Discuss advantages, disadvantages, alternatives, side effects & responses with patient Monitor patient for side effects Maintain patient records Notify primary care physician To allow local ordinances to prohibit marijuana grow facilities To prohibit caretakers from advertising

Currently Active Bills To require 2”x2” color photo of applicant (similar to passport) on ID Cards To create 2 year felony for selling marijuana in violation of ID card restrictions To create 90 day misdemeanor for transportation of marijuana that isn't: In an enclosed case In a trunk Inaccessible from interior of vehicle To exclude medical marijuana treatments from Worker's Compensation To allow private property owners to prohibit medical marijuana use on their property To define Bona-fide physician-patient relationship requires: Full assessment of medical history & current condition (with examination) Treatment or consultation prior to medical marijuana recommendation Reasonable expectation of follow-up treatment Notification of primary care physician To Restrict “Closed Locked Facility” to a completely enclosed room with functioning security measures To exclude Glaucoma as a Debilitating Medical Condition To modify the information the Registry provides to Law Enforcement officers

Article 1 Section 28. Repeal of Marihuana Prohibition. Would allow acquisition, growth, sale, transfer, transportation, possession, or use of marihuana Users must be 21 years of age Use can be for religious, medical, industrial, agricultural, commercial or personal purposes Prohibits any penalty or civil forfeiture Still prohibits operation of any aircraft, motor vehicle, motorboat, ORV, snowmobile, train, or other heavy or dangerous equipment or machinery while impaired by marihuana.