Attorney DeBruin represents clients from across lower Michigan.

Attorney DeBruin represents clients from across lower michigan.

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Can Tourists Legally Buy Medical Marijuana in Michigan?

On Behalf of | Jul 31, 2017 | Drug Charge, Firm News, Legal Blog

Michigan’s medical marijuana laws are intended to help patients who are suffering from certain debilitating medical conditions by allowing their doctors to consider the use of marijuana in the patient’s treatment. However, many legal details of marijuana use for medical purposes remain vague, and the industry is still in its early stages as regulators and law enforcement continue to establish rules and practices. Tourists from out of state must be very careful if they intend to seek marijuana for a medical condition. Even the use of licensed caregivers, or brick and mortar dispensaries, can be legally questionable, and the violations of Michigan marijuana laws can result in serious criminal charges.

A knowledgeable Lansing drug lawyer can be of great assistance if you are curious about your rights to legal medical marijuana as a tourist in Michigan. Call DeBruin Law today at  517-324-4303.

Michigan Medical Marijuana Law

The Michigan Medical Marijuana Act allows for patients who suffer from debilitating medical conditions to purchase marijuana for their treatment. In order to do this, a person must have a valid medical marijuana card which allows for them to hold up to 2.5 ounces of usable marijuana. A person can elect a “caregiver” who can legally provide the patient with marijuana. Patients cannot sell or transfer marijuana to each other, and caregivers cannot sell or transfer to anyone other than to a patient of theirs.

Michigan law does not explicitly provide a ban for out of state tourists seeking medical marijuana. Additionally, it is technically possible for an out of state person to use their medical marijuana card that was issued in their home state. However, with so much uncertainty in medical marijuana practice in Michigan, there remains no consensus on which types of out of state medical cards are officially allowed for a marijuana prescription in Michigan. Some caregivers may be willing to provide you with medical marijuana based on your out of state card, but it may be best for you to seek an in-state card.

Transporting marijuana can be a very confusing situation as well. Michigan law requires that medical marijuana transported in a car be in a sealed container in the trunk, and it must be labeled with information including its seller, weight in ounces, date of purchase, and date of manufacture. The law does not allow for you to transport medical marijuana out of state, and doing so will also violate federal law and possibly the law of your home state as well.

Possession of Medical Marijuana and the Problem with Dispensaries

With a valid medical marijuana card, you are allowed to possess up to 2.5 ounces of marijuana. However, many people often find themselves arrested in cases where there is confusion about the quantity that they had, and they were in fact a little over the limit. Michigan law allows for you to be protected if you have a medical marijuana card as long as you are strictly within the legal possession limits, but your protections go away if you violate any part of the medical marijuana law.

Many people seeking medical marijuana, especially tourists, will go to a dispensary in order to buy. However, dispensaries are in a legal gray area since they are not explicitly permitted by Michigan law. The law allows for caregivers to provide marijuana to properly carded patients, and a caregiver can have no more than five patients. Dispensaries remain open in some Michigan cities, such as Lansing, but only some of them will sell to you if you have an out of state ID or medical card. It can be very difficult for dispensaries to operate, and they often do not want to risk police action if they are found to be selling to people who do not have proper Michigan paperwork.

An Experienced Drug Lawyer Can Help You

It is very easy to be confused if you are visiting Michigan and seeking a legal and safe way to purchase marijuana for a medical condition that you have. Additionally, many people find themselves in legal trouble even after they make a good faith attempt to purchase legal medical marijuana. If you are arrested on drug charges in Michigan, you may be facing large fines and jail time. A knowledgeable medical marijuana lawyer can be of great help if you have questions about Michigan’s marijuana laws, or if you have been arrested while trying to buy legal marijuana.

Contact DeBruin Law in order to discuss your situation with an experienced Lansing drug lawyer. Call us at  517-324-4303.