The First 24 Months of the Medical Marijuana Act

The Michigan Medical Marijuana Act, which was enacted by referendum in the 2008 general election, is chronicled in this page. The MMA, as expected, has been subjected to several already-classic judicial interpretations after being applied to our human tapestry, with a strong promise of more to come. Checkout Dispensaries.

On December 4, 2008, the Michigan Legislature passed the Medical Marijuana Act, making Michigan the 13th state to allow medical marijuana cultivation and possession. The Act referenced a number of studies that found marijuana to be effective in treating nausea, pain, and other symptoms associated with a variety of serious medical diseases. According to the FBI, 99 percent of all marijuana possession arrests in the United States are made under state law rather than federal law. It’s worth noting that the drug’s possession is still unlawful under federal law.

Cancer, glaucoma, HIV, hepatitis C, and other diseases, as well as various chronic ailments that produce discomfort and nausea, are all considered “debilitating medical conditions” by the MMA. “A person who is at least 21 years old and has agreed to assist with a patient’s medical use of marijuana and has never been convicted of a felony involving illegal substances” is classified as a “primary caregiver.” “A person who has been diagnosed by a physician as having a debilitating medical condition” is a “qualifying patient.”

The Act’s fundamental mechanics require qualifying patients and primary care providers (marijuana farmers) to have a “registry identity card,” which is issued by the Department of Community Health. Hundreds of applications have been processed; thousands more are pending, with thousands more being filed every week; the demand for marijuana certification in Michigan appears to be insatiable, which is understandable. Patients who keep less than 2.5 ounces of smokeable marijuana are not liable to arrest or prosecution for marijuana possession or distribution. For each qualified patient, caregivers are allowed to keep up to 12 plants; stems, seeds, and useless roots do not count toward the plant limit.

Physicians are also immune from prosecution provided they certify the patient’s need for the prescription after conducting a thorough examination of the patient’s medical history. It is necessary to have a proper physician-patient connection.

Physicians have been free to suggest marijuana usage to patients since the Supreme Court of the United States resolved the case of Conant vs Walters in 2003. (but cannot prescribe pot by placing the recommendation on a prescription form). Doctors can also make notes in the patient’s records about their recommendations and testify in court on behalf of a patient’s medical marijuana use. The Conant decision by the Supreme Court paved the path for the MMA’s passage.