Although marijuana is legal for medical and recreational use in Lansing, Michigan, possessing or cultivating more than the legal limit can lead to potential consequences.
The potential consequences if you’re convicted of drug crimes in Michigan may include:
If you’re a qualifying Lansing medical marijuana patient or primary caregiver, and you’ve been charged with possession or cultivation of more marijuana than is allowed for medical treatment or recreational use, contact the help of a Michigan medical marijuana lawyer at DeBruin Law, PLLC.
DeBruin Law, PLLC, understands both criminal drug defense and Michigan marijuana rules. Call today at 517-324-4303 for your free consultation.
In Michigan, a “qualifying patient” for medical marijuana is a person who has been diagnosed with a debilitating illness by a physician. A debilitating illness may include medical conditions that cause chronic pain, severe nausea, seizures, muscle spasms or wasting.
A debilitating illness also may include:
Any other medical condition approved by the Department of Licensing and Regulatory Affairs may be added to the list of debilitating illnesses or diseases for which medical marijuana may be used as a treatment.
Under the Michigan Medical Marijuana Act, a primary caregiver is someone who agreed to assist a qualifying patient with their use of medical marijuana. A primary caregiver must be:
Assisting with a patient’s use of medical marijuana can include:
The Michigan Department of Licensing and Regulatory Affairs offers a registration program for qualifying medical marijuana patients and primary caregivers. As a registered medical marijuana patient or primary caregiver, you are permitted to:
When you are registered and have a medical marijuana ID card, Section 333.26424 of the Michigan Public Health Code says that you have certain rights, including:
As a caregiver, you’re allowed to recoup compensation for your costs in assisting a registered medical marijuana patient without being arrested or prosecuted for the sale of marijuana.
Medical marijuana dispensaries in Michigan must follow strict laws and regulations. Failure to comply with these laws can result in the termination of a license or even federal drug charges.
Dispensaries can sell both medical marijuana and recreational marijuana. But these items must be kept separate in the store. Some of the different cannabis and cannabis products that may be available to medical marijuana patients include:
If you are hoping to purchase medical marijuana from a dispensary in Michigan, there are daily and monthly purchasing limits you will need to be aware of. Only two-and-a-half ounces of cannabis or the equivalent amount of another product can be purchased each day. The monthly limit is 10 ounces.
With the onset of COVID-19, you may also be wondering whether medical marijuana can be delivered to you by a dispensary. Provisioning centers may offer home delivery of cannabis products. But your order must be received online so your medical marijuana status can be validated.
If you are a qualifying patient or a primary caregiver who is alleged to have sold marijuana to someone who is not legally allowed to use medical marijuana, you can face prosecution.
The sale of marijuana to someone who is not a qualifying patient is a felony offense. If you’re convicted, you may be punished with up to two years in prison and a fine of $2,000. That’s in addition to penalties you may face for marijuana trafficking, which, as noted above, can include up to 15 years in prison and a fine of up to $10 million.
Further, if you’re convicted of selling marijuana to someone who isn’t a qualifying patient, your own medical marijuana registration card must be revoked.
You also may face criminal prosecution under Michigan drug laws for possession of more than two-and-a-half grams of marijuana per patient or for growing more than 12 plants per patient. The penalties would depend on the circumstances of your arrest and conviction.
A recent decision by the Michigan Supreme Court rests the authority to determine criminal penalties in the hands of judges. The penalties for a conviction may be different from those described in Michigan statutes and set by the Michigan State Legislature.
Since 2008, Michigan has allowed people with certain kinds of medical conditions to use, possess or cultivate marijuana, also known in the law as “marijuana,” for medical purposes. The law also allows for a patient’s primary caregiver to possess or cultivate marijuana for a patient’s use – within certain limits.
In general, Michigan’s Medical Marijuana Act provides immunity from prosecution to qualifying patients and their primary caregivers from arrest and prosecution as long as they’re acting within the boundaries of the law.
The law also protects physicians who prescribe marijuana from arrest, prosecution and losing their Michigan medical licenses. However, the rules sometimes can be complicated and confusing, especially since marijuana became legal for recreational purposes as well. Still, the consequences for possessing or growing too much marijuana can be serious.
Despite cannabis being legal for recreational use, it may still be in your best interests to obtain your medical marijuana card if you have a medical condition that benefits from the use of cannabis.
Before you do, we have included a quick FAQ below. It details some of the most common questions that Michigan medical marijuana patients have.
The entire process of obtaining your medical marijuana card can take longer than you might have thought. First, you need to be seen by your doctor and fill out an application for a medical marijuana card. Once you send in your application, it needs to be approved by the Michigan Medical Marijuana Program.
After your application has been approved, it could take anywhere from four to six weeks to receive your medical marijuana card in the mail. You don’t have to wait to have marijuana in your possession though. As long as you are following the limits of how much you can possess and grow, you are well within your rights.
To get your license to purchase a pistol or a concealed pistol license in Michigan, you will need to pass a federal background check. One of the questions on the application specifically asks,
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Under federal law, marijuana is still a Schedule I controlled substance. But you only need to answer this question if you purchase your firearm from a federal firearms dealer. Under Michigan law, however, having a medical marijuana card does not prevent you from exercising your Second Amendment right.
Yes, they can. To register a minor with the Michigan Medical Marijuana Program (MMMP), the parent or legal guardian of the minor in question must submit a complete application and a $40 application fee to apply. Additional information that has to be on the application includes:
Many states have laws in place that recognize out-of-state medical marijuana cards. This is known as medical marijuana card reciprocity. Dispensaries in Michigan have the option of recognizing out-of-state medical marijuana cards. If you are traveling to another state, you will need to review that state’s medical marijuana card reciprocity laws before traveling with your medical marijuana prescription.
If you bring medical marijuana into an airport in Michigan or you bring it on a plane traveling outside of Michigan, you can face criminal charges. Although medical marijuana is legal in Michigan, federal law governs airports and airspace.
Medical marijuana patients can be arrested and charged with federal drug crimes for flying with medical cannabis. You must have an aggressive legal advocate on your side if you find yourself in this situation.
If you’re facing criminal drug charges because of your use or possession of medical marijuana or because you helped someone else obtain or use medical marijuana, a compassionate Michigan medical marijuana attorney can shoulder the burden of the legal process.
An East Lansing lawyer can explain Michigan’s complex medical marijuana laws and how they apply to your case. An attorney also can explain your options for defense and work to ensure that your voice is heard through the legal process.
Call DeBruin Law, PLLC, at 517-324-4303 for your free consultation today. Or fill out our contact form to get started on your defense strategy.
