2013 Michigan Medical Marijuana Law Update Matthew R. Abel Attorney at Law Cannabis Counsel, PLC 2930 E Jefferson Ave, Detroit, MI

Driving Under the Influence of Marijuana People v Derror  Any amount of THC = zero tolerance People v Feezel  Metabolite (THC-OH) NOT = THC People v Koon  Patients must be under the influence

Driving Under the Influence of Marijuana (NHTSA 2002) Expected Roadside Indicators/Observations of Impairment Psychophysical  Divided attention impairment  Poor coordination and balance  Problems with divided attention tasks  Distorted internal clock Eye Indicators  Pupils will be dilated or possibly normal  Horizontal or vertical nystagmus – NOT present

Caselaw People v Olger  Must hold Evidentiary Hearing for § 4 (with card) and § 8 (Affirmative Defense) per People v Kolanek and People v King People v Bylsma  Dominion & control = possession

Caselaw People v Green  Uncompensated transfers legal (Jan 30, 2013 – February 8, 2013) People v McQueen  NO patient to patient, NO caregiver to caregiver  Patient must grow their own or obtain from caregiver  Caregiver may only sell to maximum of five patients ONLY

Caselaw Carruthers  Extracts/Medibles Illegal because only plants and usable marihuana may be possessed Clinical Relief and other dispensary cases are pending in Court of Appeals

Caselaw People v Hartwick  Must present Doctors at Evidentiary Hearing  Evidence of patients' medical conditions  Amount reasonably required for treatment and how long treatment should continue  Identity of the physicians

Legislative Changes Amendments to the Michigan Medical Marihuana Act: Public Act 512 of 2012 (HB 4851) effective April 1, 2013  § 4 protection from arrest only if the qualifying patient or caregiver presents both his or her registry ID card and a valid driver license or government issued ID card.  Further defines enclosed locked facility May grow in greenhouse/outdoors On property owned or leased by grower Not in view from adjoining property or structure

Amendments to the Michigan Medical Marihuana Act: Public Act 512 of 2012 (HB 4851) effective April 1, 2013 Defines “Bona fide physician-patient relationship”  (1) The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in person, medical evaluation of the patient.  (2) The physician has created and maintained records of the patient’s condition in accord with medically accepted standards.  (3) The physician has a reasonable expectation that he or she will provide follow up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient’s debilitating medical condition.  (4) If the patient has given permission, the physician has notified the patient’s primary care physician of the patient’s debilitating medical condition and certification for the use of medical marihuana to treat that condition

Legislative Changes Amendments to the Michigan Medical Marihuana Act: Public Act 514 of 2012 (HB 4834) effective April 1,  Registry Cards valid for TWO years AND requires proof of Michigan residency  Changes access to Registry by Law Enforcement through LEIN  A person cannot be designated as a caregiver if they have been convicted of any felony within the past 10 years, have been convicted of a felony involving illegal drugs, or have a felony that is an assaultive crime

Legislative Changes Public Act 460 (December 27, 2012) Transportation of usable marihuana in or upon a motor vehicle  Enclosed in a case that is carried in the trunk of the vehicle.  (b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.  (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. INCONSISTENT with the Medical Marijuana Act

Legislative Changes HB 4271 – Provisioning Centers  Local Option for Permit or Ban HB 5104 – Extracts, Medibles  1 oz = 16 oz solid, 7 gas, 72 liquid ounces SB 660 – Pharmaceutical Grade Marijuana  Dependent on change in Federal Law

Thank You Matthew R. Abel Attorney at Law; Founder, Senior Partner Cannabis Counsel, PLC 2930 East Jefferson Avenue Detroit, Michigan

2013 Michigan Medical Marijuana Law Update Cannabis Counsel, PLC 2930 E Jefferson Ave, Detroit, MI