A new law governing medical marijuana took effect in Michigan in December 2008. It is known as the Michigan Medical Marihuana Program (MMMP). The law is relatively short and many questions exist as to how to comply with it. The first thing for anyone to understand is that federal law still prohibits the use of marijuana. However, Michigan allows people with certain medical conditions to apply for a Medical Marihuana Registry Identification Card. Those conditions include the following:
(a) cancer, glaucoma, or positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, or nail patella.
(b) a chronic or debilitating disease or medical condition or its treatment that produces one of more of the following:
(i) cachexia or wasting syndrome;
(ii) severe and chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to those caused by epilepsy; or
(v) severe or persistent muscle spasms, including but not limited to, those which are characteristic of multiple sclerosis.
If you are charged with a drug crime and have a valid ID card and are either a patient or primary caregiver you should understand that the law offers affirmative defenses and potential grounds for dismissal. This is something to discuss with your attorney. The media is full of stories involving busts at marijuana dispensaries and cafes. Uncertainty surrounds this burgeoning area of the law.
Make sure you closely follow the instructions for obtaining a Medical Marihuana Registry ID Card and the rules implemented by the State of Michigan if this is something you are interested in. Because of the uncertainty surrounding this law, do not hesitate to contact a Michigan attorney well versed in the MMMP. Always remember that the federal law has not changed, making marijuana use illegal.
Medical Marijuana
October 27, 2010
