Legal marijuana in Michigan has existed since 2008. However, despite the passage of the marijuana act the use of the drug is still illegal under federal law. Under the guidance of the Obama administration, the Department of Justice has set standards as to what priorities federal law enforcement will focus on in states where marijuana is legal. None of these priorities focus on infringing on the rights of registered medical marijuana users.
People with certain medical conditions can register to be able to use medical marijuana under the Michigan Medical Marihuana Act. In order to use the drug, a patient must have a registration identification card through the Michigan Medical Marihuana Program (MMMP).
A patient’s doctor must provide him or her with a valid prescription approving his or her use of medical marijuana. The doctor must thoroughly review a patient’s medical history along with providing an in-person evaluation before writing a prescription. In addition, the patient must have a debilitating medical condition as outlined by the Michigan health code. Our experienced medical marijuana attorneys at Grewal Law can help you understand the registration process.
Transporting Medical Marijuana Laws
There are also state laws that regulate the transport of a patient’s marijuana. Michigan drug laws require usable marijuana to be secured in the following ways while it is being transported.
- Enclosed in a case inside the vehicle’s trunk.
- Enclosed in a case not easily accessible in the vehicle. This provision applies to vehicles without trunks.
“Usable marijuana” is defined as the dried leaves and flowers of the plant. Live plants have additional restrictions on their transport. A vehicle can be used to temporarily move a live marijuana plant from one location to another, but the purpose of the move must be to permanently keep the plants at the new location. Only the primary caregiver or a qualifying patient are allowed to be in the vehicle during the transportation of the plants.
Caregivers must also follow the restrictions on the transportation of usable marijuana. Michigan law allows caregivers to grow a certain number of plants for use by their qualifying patients. The medical marijuana must be delivered by the caregivers directly to their patients following the state guidelines. When transporting it, they must also follow the restrictions outlined above.
Under recent legislation, new guidelines have been added for transporting marihuana-infused products. These include topicals, edibles and cannabis-based extract products. Just like with plants or usable marijuana it must be transported in the trunk of the car or in an area of the vehicle that is not easily accessible. In addition, the product must be in a sealed and labeled package. The product can only be transported by the caregiver or a patient. If the guidelines are not followed, the individual could faces fines up to $250.
Keeping Marijuana Plants Secure
Michigan marijuana laws require the drug to be in an enclosed, locked facility at a caregiver’s facility or a patient’s home. Additionally, only 12 plants may be kept in one location. The 2012 marijuana law defines the area as a closet, room or other comparable, stationary and fully enclosed area.
When plants are kept inside a building, the following requirements must be followed:
- The space must be equipped with secured locks or other security devices.
- Access to the space must only be available by a registered primary caregiver or a registered qualifying patient.
Any plants grown outside must be secured in the manner listed below:
- Plants can not be visible to the “unaided eye” from adjacent property at ground level or from other permanent structures on the property.
- The plants are grown in a stationary structure with enclosed sides made out of chain-link fencing, wooden slats or another type of similar material. The material must also be anchored or attached to the ground.
- Access to the space must only be available by a registered primary caregiver or registered qualifying patient.
If you are not following one of the Michigan drug law guidelines above, you could face serious repercussions including felony charges. In addition, you risk losing the protections you have under the Michigan Medical Marijuana Act.
Do You Need a Knowledgeable Medical Marijuana Attorney?
If you are a patient receiving medical marijuana who is facing possible charges for breaking one of the laws outlined above contact our team at Grewal Law. We are ready to defend your rights as a medical marijuana patient.
Our Michigan medical marijuana lawyers will build a strong defense for your case. Call us for a free quote today at (888) 211-5798.