Michigan Medical Marijuana Act
On November 4, 2008 the Michigan Medical Marijuana Act, MCL 333.26421 was passed into law by the voters of Michigan. The Act received 63% voter approval, and majority support of every Michigan county. The law was a landmark because it allowed persons afflicted with severe illness to finally come out of the closets and back rooms and legally acquire and consume the medicine which they need. However, the Act left many questions unanswered. Two years later, these questions are still being decided by the courts.
The Act allows a “caregiver” to have 2.5 ounces of “usable marijuana” and “up to 12 plants” for each “qualifying patient” in the caregiver’s care. What sort of commercial activity, precisely, does the Act allow? Does the Act allow for commercial sale to persons with medical cards? What about compassion clubs? Distributorships?
The Act allows a “caregiver” to collect reasonable “reimbursement” for the “expense” of producing marijuana. What can a caregiver reasonably charge his or her patients under the Act?
Marijuana (or “marihuana,” as the Act describes it) is still defined by the Federal Controlled Substances Act as a Schedule One drug. Medical use, therefore, is still prohibited by federal law. What does this mean for people who use medical marijuana in conformance with state law?
Many Michigan cities and townships have responded by allowing distributorships and other commercial operations and regulating them. Other cities and townships have responded by using zoning to prevent such use. Still others have out and out banned the use of property for dispensation or provision of marijuana. Can a township ban or otherwise prevent use of property for provision of medical marijuana? What does your township say about your planned use?
The Act allows for 2.5 ounces of “usable marijuana.” What about consumables? Is that 10 ounce brownie 10 ounces of usable marijuana, or is it weighed by the content in it?
Finally, what protections, if any, are available if a patient gets into trouble with local law enforcement? Is there any protection for persons with illnesses who do not yet have their card? What if they have more than the 2.5 ounces and 12 plants that the statute allows? What defenses are available?
Fixel Law Offices has nearly a decade of experience helping people fight for their civil rights. Fixel has helped people defend their legal privileges and freedoms against infringement by individuals, local government, and the State itself. Fixel also boasts an experienced and seasoned business law practice that can help you with the commercial aspects of your operation. Call us today to set up a free initial consultation.
The Act allows a “caregiver” to have 2.5 ounces of “usable marijuana” and “up to 12 plants” for each “qualifying patient” in the caregiver’s care. What sort of commercial activity, precisely, does the Act allow? Does the Act allow for commercial sale to persons with medical cards? What about compassion clubs? Distributorships?
The Act allows a “caregiver” to collect reasonable “reimbursement” for the “expense” of producing marijuana. What can a caregiver reasonably charge his or her patients under the Act?
Marijuana (or “marihuana,” as the Act describes it) is still defined by the Federal Controlled Substances Act as a Schedule One drug. Medical use, therefore, is still prohibited by federal law. What does this mean for people who use medical marijuana in conformance with state law?
Many Michigan cities and townships have responded by allowing distributorships and other commercial operations and regulating them. Other cities and townships have responded by using zoning to prevent such use. Still others have out and out banned the use of property for dispensation or provision of marijuana. Can a township ban or otherwise prevent use of property for provision of medical marijuana? What does your township say about your planned use?
The Act allows for 2.5 ounces of “usable marijuana.” What about consumables? Is that 10 ounce brownie 10 ounces of usable marijuana, or is it weighed by the content in it?
Finally, what protections, if any, are available if a patient gets into trouble with local law enforcement? Is there any protection for persons with illnesses who do not yet have their card? What if they have more than the 2.5 ounces and 12 plants that the statute allows? What defenses are available?
Fixel Law Offices has nearly a decade of experience helping people fight for their civil rights. Fixel has helped people defend their legal privileges and freedoms against infringement by individuals, local government, and the State itself. Fixel also boasts an experienced and seasoned business law practice that can help you with the commercial aspects of your operation. Call us today to set up a free initial consultation.
