The Michigan Medical Marijuana Act is complex and filled with grey areas. I specialize in helping navigate the MMMA to make the rules clear on how you can legally grow, use, or start any cannabis related business. The difference between being successful and catching a felony charge can be very subtle. It’s imperative that you have an expert by your side to keep you within the rules, and be there to help you should the worst happen. There are a multitude of different issues which you may face as an owner of a business or medical marijuana user.
Hire an attorney who believes in the cause and is an advocate fighting for marijuana rights.
These issues can include your: Grow location, employees and assistance, what to do with overages, banking, Product transportation, Taxation, Federal rules, Tribal lands, section 4 immunities, and Section 8 affirmative defenses.
A caregiver or patient may grow up to 72 marijuana plants in an enclosed, locked facility, which man be a room, a vehicle, or even an outdoor enclosure if the precise requirements are met.
A municipality may not prohibit a caregiver from engaging in authorized activities relating to medical marijuana, but reasonable restrictions on caregiver activity may be contained in local zoning and land-use regulations.
The only lawful transfers of medical marijuana explicitly authorized are transfers from registered caregivers to their registered patients.
The Michigan Penal Code was amended in 2012 to regulate the transportation of usable marijuana. While constitutionally suspect, a cautious caregiver should endeavor to comply with this statute until it is determined to be inapplicable.
Section 8 affirmative Defense:
A physician has given a professional stated opinion after completing a full assessment of the patient’s medical history and current medical condition, made in the course of a “bona fide physician-patient relationship,” that the patient is likely to receive benefit from the medical use of marijuana to treat the patient’s serious or debilitating medical condition;
The patient and the patient’s primary caregiver, if any, were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the above treatment; and,
The patient and the patient’s primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia for the above treatment.