Under the Michigan Medical Marihuana Act (MMMA), the use of medical marijuana has been legal in Michigan since 2008. However, marijuana use of any kind is still illegal under federal law. The Department of Justice has set standards to determine federal law enforcement priorities in states where medical marijuana use is legal, none of which focus on infringing the rights of legal medical marijuana users and distributors.
Despite being legal for certain uses, marijuana is still highly regulated in Michigan. Medical marijuana growers, distributors, and users can face serious penalties if they violate state or federal law. If you have been arrested for or charged with a marijuana-related crime, contact Grewal Law PLLC. We have extensive experience handling medical marijuana charges, as well as a proven track record of defending these charges. Our medical marijuana attorneys can help you fully understand your rights and legal options and fight for the best possible outcome for your case.
Call us at (888) 211-5798 or contact us online to request a free, confidential consultation. We have three office locations and offer phone consultations for your convenience.
Who Is Allowed to Legally Use Marijuana in Michigan?
The MMMA allows certain individuals to grow and/or use marijuana for certain medicinal purposes. Only certain conditions are covered under the MMMA; using marijuana for a non-approved medical condition could result in penalties.
The medical conditions covered under the MMMA include:
- Crohn’s Disease
- Hepatitis C
- HIV (human immunodeficiency virus)
- Post-traumatic stress disorder (PTSD)
- Acquired immune deficiency syndrome
- Amyotrophic lateral sclerosis
- Arthritis/rheumatoid arthritis
- Chronic pain
- Parkinson’s disease
- Ulcerative colitis
- Any “debilitating” medical condition with designated symptoms outlined by the Michigan health code
Additionally, medical marijuana users must obtain a valid recommendation from a medical professional/doctor and must use this to complete registration. A registered patient may designate a primary caregiver who is allowed to cultivate up to 12 plants per patient (for up to 5 patients).
The primary caregiver must also meet the following requirements:
- He or she must be at least 21 years old
- He or she must have agreed to assist the registered patient with medical marijuana use
- He or she must not have been convicted of a felony within the past 10 years
- He or she must never have been convicted of felony assault or any illegal drug-related felony
Laws Regarding Medical Marijuana Providers
The MMMA did not allow for dispensaries or any other business growth within the medical marijuana industry. As a result, the Medical Marihuana Facilities Licensing Act (MMFLA) was passed, distinguishing five different types of providers: growers, provisioning centers, processors, secured transporters, and safety compliance facilities. The MMFLA also created the medical marijuana licensing board, whose purpose is to oversee marijuana facilities and review licensing applications.
Defending against All Types of Medical Marijuana Charges
As previously mentioned, medical marijuana is legal—but highly restricted—in Michigan. Even if you are legally allowed to grow, distribute, or use marijuana, you may face criminal charges if you knowingly or unknowingly violate any state or federal regulations.
Common medical marijuana charges include:
- Illegal transport
- Failing to secure marijuana in a locked and enclosed facility
- Driving under the influence of marijuana
- Growing or owning more than 12 plants or 2.5 ounces of marijuana
- Maintaining a drug house
- Allowing others to use medical marijuana (illegal distribution)
This list is not exhaustive; if you are facing any type of medical marijuana charge in Michigan, reach out to the team at Grewal Law PLLC. Our experienced attorneys can help you navigate the legal process and fight to protect your rights. We assist business owners, patients, growers, caregivers, and others involved in the medical marijuana industry.
Contact us online or by phone at (888) 211-5798 to schedule a free case evaluation with one of our medical marijuana lawyers in Grand Rapids, Northville, Okemos, or the surrounding areas.