overview of the michigan medical marihuana act...require department of community health to establish...
TRANSCRIPT
Overview of the Michigan Medical Marihuana Act
Presented by Attorney Eldor Herrmann, Jr.
Monday, September 19Butman-Fish Library
Michigan Medical Marihuana Act
● Purpose of today's presentation is not to advocate a position
for or against the act, but to objectively explain how the
courts have interpreted the
MMMA.
Michigan Medical Marihuana Act
● Background – Proposal 08-1● What MMMA Does and Does Not Do● Key Definitions● Section 4 Protections● Section 8 Protections● Scope – Section 7● Michigan Court Interpretation of MMA● Questions & Answers
Proposal 08-1
A LEGISLATIVE INITIATIVE TO PERMIT THE USE
AND CULTIVATION OF MARIJUANA FOR SPECIFIED MEDICAL CONDITIONS
Proposal 08-1
The proposed law would:
Proposal 08-1
The proposed law would:
● Permit physician approved use of marijuana by registered patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health.
Proposal 08-1
The proposed law would:● Permit physician approved use of marijuana by registered
patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health
● Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.
Proposal 08-1
The proposed law would:
● Permit physician approved use of marijuana by registered patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health
● Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.
● Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana.
The proposed law would:● Permit physician approved use of marijuana by registered
patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health
● Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.
● Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana.
● Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.
Michigan Medical Marihuana Act
What MMMA does and does NOT do.
Michigan Medical Marihuana Act
Does not create a right to possess or use marijuana, But it does act an affirmative defense
Michigan Medical Marihuana Act
Does not make medical marijuana use legal
Michigan Medical Marihuana Act
Does not change marijuana as a schedule 1 drug
Michigan Medical Marihuana Act
Does not change marijuana as a schedule 1 drug--
Still considered to have “a high potential for abuse and has no accepted medical use in
treatment in the United States or lacks accepted safety for use in treatment under
medical supervision.” MCL 333.7211.
Michigan Medical Marihuana Act
The Findings & Declaration section (§ 2)
Does state that marijuana has beneficial medical use
Michigan Medical Marihuana Act
The Findings & Declaration section (§ 2)
Declares that marijuana has beneficial medical use
Finds that 99% of marijuana arrests in US are made under state laws
Michigan Medical Marihuana Act The Findings & Declaration section (§ 2)
Declares that marijuana has beneficial medical use
Finds that 99% of marijuana arrests in US are made under state laws
Finds that Federal law prohibits any use of marijuana but states are not required to
enforce Federal law
Michigan Medical Marihuana Act
Key Definitions
The proposed law would:● Permit physician approved use of marijuana by registered
patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health
● Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.
● Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana.
● Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.
Michigan Medical Marihuana Act
Key Definitions● Debilitating medical condition
Michigan Medical Marihuana Act
Key Definitions● Debilitating medical condition● Enclosed, locked facility
Michigan Medical Marihuana Act
Key Definitions● Debilitating medical condition● Enclosed, locked facility● Medical use
Michigan Medical Marihuana Act
Key Definitions● Debilitating medical condition● Enclosed, locked facility● Medical use● Primary caregiver
Michigan Medical Marihuana Act
Key Definitions● Debilitating medical condition● Enclosed, locked facility● Medical use● Primary caregiver● Qualifying patient
Michigan Medical Marihuana Act
Section 4 Protections
Michigan Medical Marihuana Act
Section 4 Protections1) Qualifying Patient §4(a)
a) Not subject to arrest, prosecution or penalty
b) Not denied any right or privilege
c) Cannot be subject to employment discipline
d) Cannot be denied professional licensing or be subject to professional discipline
e) Rebutable presumption that qualifying patient is engaged in the medical use of marijuana - §4(d)
f) PROVIDED: possesses a registry identification card, does not possess more than 2.5 ounces or more than 12 plants, that is stored in an enclosed locked facility
Michigan Medical Marihuana Act
Section 4 Protections2) Primary Caregiver §4(b)
a) Same as qualifying patient
b) PROVIDED: possesses a registry identification card, does not possess more than 2.5 ounces or more than 12 plants per connected qualifying patient, that is stored in an enclosed locked facility
c) May be compensated for costs associated with assisting qualified patients (Does not constitute the “sale” of marijuana - §4(e)
Michigan Medical Marihuana Act
Section 4 Protections3) Protections for others
a) Child custody - §4(c)
b) Physicians not subject to arrest, prosecution, penalty, right privilege or professional discipline for providing certifications - §4(f)
c) Property used in connection with medical marijuana cannot be seized or forfeited - §4(h)
Michigan Medical Marihuana Act
Section 8 Protections
Michigan Medical Marihuana Act
Section 8 Protections1) Patient and his/her primary caregiver can assert a medical marijuana as an affirmative defense provided:
a) Physician has stated that patient is like to receive therapeutic or palliative benefit in treating serious or debilitating medical condition.
BUT physician must make a FULL assessment of patient’s medical history and present condition and must be a BONA FIDE physician-patient relationship
b) Possesses no more marijuana that is reasonably necessary to guarantee an uninterrupted supply
Michigan Medical Marihuana Act
Section 8 Protections2) Requires a motion and an evidentiary hearing
a) Court can deny the motion but still allow medical marijuana defense at trial or it can deny the motion and forbid medical marijuana defense at trial
Michigan Medical Marihuana Act
Scope – Section 7
Michigan Medical Marihuana Act
Scope Section 7 1) Medical marijuana use is only allowed to the
extent that it is carried out in accordance with the Act
Michigan Medical Marihuana Act
Scope Section 7 2) MMMA specifically does not permit:
a) being under influence of marijuana when doing so
- would create an unsafe condition
- would constitute negligence or professional malpractice
- possess or use marijuana on a school bus, on school grounds, or in a correctional facility
- use marijuana in public
- operate a vehicle, motorboat, or aircraft while under the influence of marijuana
Michigan Medical Marihuana Act
Scope Section 7 3) MMMA does not require government or private healthcare provider or insurer to cover the cost of medical marijuana
Michigan Medical Marihuana Act
Scope Section 7 4) MMMA does not require an employer to
accommodate and employee’s use of marijuana or his/her’s being under the influence of marijuana in the workplace
Michigan Medical Marihuana Act
Michigan Court Interpretation of MMMA
Michigan Medical Marihuana Act
Michigan Court Interpretation of MMMA1) People v Redden - First case interpreting the
MMMA
Michigan Medical Marihuana Act
Michigan Court Interpretation of MMMA1) People v Redden - First case interpreting the
MMMA 2) People v King - Beware, must strictly abide by
possession and storage requirements
Michigan Medical Marihuana Act
Michigan Court Interpretation of MMMA1) People v Redden - First case interpreting the
MMMA 2) People v King - Beware, must strictly abide by
possession and storage requirements3) People v Anderson – Section 8 reasonable
amount case
Michigan Medical Marihuana Act
Michigan Court Interpretation of MMMA1) People v Redden - First case interpreting the
MMMA 2) People v King - Beware, must strictly abide by
possession and storage requirements3) People v Anderson – Section 8 reasonable amount
case4) People v Kolanek & People v Reed - Need to
possess registry card or physician’s statement before the alleged offense
Michigan Medical Marihuana Act
Michigan Court Interpretation of MMMA1) People v Redden - First case interpreting the
MMMA 2) People v King - Beware, must strictly abide by
possession and storage requirements3) People v Anderson – Section 8 reasonable amount
case4) People v Kolanek & People v Reed - Need to
possess registry card or physician’s statement before the alleged offense
5) People v McQueen - MMMA does not authorize medical marijuana dispensaries
Michigan Medical Marihuana Act
Questions???
Thank you for attending!
Contact InformationEldor R. Herrmann, Jr
989-372-1154http://SaginawCriminalLaw.com
Michigan Medical Marihuana Act
Michigan LARA, Bureau of Health Professions, P.O. Box 30083Lansing, MI 48909
www.michigan.gov/lara
Michigan Medical Marihuana Act Resources:
Michigan LARA: http://www.michigan.gov/lara/0,1607,7-154-27417_51869_52140---,00.html
http://www.livingstondaily.com/article/20110916/NEWS01/109160318/Court-Docket-Owners-employee-dispensary-waive-hearing?odyssey=mod|newswell|text|Frontpage|s
http://newburglaw.com/2011/08/24/michigan-court-of-appeals-patient-to-patient-%E2%80%9Csales%E2%80%9D-of-medical-marihuana-are-unlawful/
http://www.mmmrmag.com/editorial.html
http://www.michiganmedicalmarijuanacertification.com/
Judge Rules MMMA Unconstitutional: http://www.duimaze.com/blog/judge-mark-w-somers-and-the-michigan-medical-marijuana-act-reckless-judicial-activism/
http://www.theoaklandpress.com/articles/2011/04/26/news/doc4db60008b401f821192483.txt
Image Credits
medicalmarijuanablog.com
http://www.alpenanow.com/index.php/2011/07/12/city-planning-commission-holds-public-hearing-on-medical-marijuana/
http://the420times.com/category/exclusive/politics/page/3/
http://michiganmedicalmarijuana.org
stopthedrugwar.org
thcfinder.com
http://www.tannerfriedman.com/blog/?p=1304