There are no
lawyers affiliated with Dearborn Compassion Club. Anything written below is our
interpretation of the law and affirmative defense. Please use the links below,
or visit the "Useful Links" tab above to familiarize yourself with
the law and affirmative defense and we recommend that you retain a lawyer, and
talk the law over with them.
Q: What is the Michigan
Medical Marihuana Act of 2008(MMA) and how does it apply to me?
A: View
the MMA Here. We recommend you
familiarize yourself with
it. The MMA was passed in Michigan, by the people, on November 4,
2008, with an outstanding 63% victory (passed in every Michigan county) and
allows "Qualifying Patients" to use and cultivate cannabis! The law
went into affect on December 4, 2008 and you could now assert the Affirmative
Defense (see below), with a "Physicians Certification" (doctors
recommendation). The Michigan Department of Community Health (MI-DCH) is the
state organization put in charge of setting up rules and issuing patient ID
cards. They had until April 4, 2009 to have the program in place, in which they
took all that time. Finally, patients were receiving their cards and could feel
safe from arrest, as long as they were with the guidelines (see below).
This act applies to ILL Michiganders because if you have a"Debilitating Medical
Condition" (see below) and you are busted possessing, using, and/or
cultivating, you can assert a medical necessity. You may still be arrested at
the time, but if you can provide the right documentation to the judge, you will
not be convicted.
This act applies to ALL Michiganders
because in a time when our economy is in shambles, our unemployment rate is at
an all-time high, comes this ray of light! The medical cannabis industry is
just starting back up in the U.S.
and it is only going to get bigger and better! Come to our meetings and learn
on how you can transition to a Medical Cannabis career!
Q: What is the Affirmative Defense(AD)?
A: The AD can be
viewed Here. We recommend that you
familiarize yourself with it. The AD is used after you have been arrested and
are going to court. Tell your lawyer about how you feel you fall under the AD and
direct him here if need be so he can better acquaint himself with the AD and
the law. You can still use the AD even after you have registered with the
state. The card just protects you from arrest, as long as you are within the
guidelines, whereas the AD protects you from conviction.
Q: What are the guidelines, or legal limits,
associated with the MI-DCH Medical Marihuana Program Registry ID Card (card(s))?
A: The
guidelines can be viewed Here. We recommend that you
familiarize yourself with it. After you have seen a physician, he has
recommended cannabis for medicinal use, and has signed the "Physician
Certification" you can now register with the MI-DCH for you card. Once you
have your card you will be allowed to possess 2.5 ounces of usable marihuana on
your person, at almost any given time. You can also now cultivate 12 rooted
cannabis plants. If you decided to assign a caregiver to assist you, and you
have assigned possession of the plants to that caregiver, then you can no
longer cultivate 12 plants and the person you designated will be cultivating
for you. If you have a caregiver, you can possess 2.5 ounces of usable
marihuana and your caregiver can have 2.5 ounces of usable marihuana on
"standby" to insure your supply doesn't get
interrupted.
Q: What are the "Debilitating Medical
Condition" covered by the MMA?
A: The conditions can be viewed Here. The Law writes it
like this:
(a) "Debilitating medical condition" means 1 or more
of the following:
(1) Cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C,
amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's
disease, nail patella, or the treatment of these conditions.
(2) A chronic or debilitating disease or medical
condition or its treatment that produces 1 or more of the following: cachexia
or wasting syndrome; severe and chronic pain; severe nausea; seizures,
including but not limited to those characteristic of epilepsy; or severe and
persistent muscle spasms, including but not limited to those characteristic of
multiple sclerosis.
(3) Any other medical condition or its treatment
approved by the department, as provided for in section 5(a).
Q: My condition isn't on there, but I believe cannabis helps
out greatly! Will new conditions be added and how does this happen?
A: Yes! Conditions and treatments are not
limited to the above forever. You can petition the state to add more
conditions. There are no official petition forms, but we found a good templateHere.
Note: The MI-DCH has 180 days after
hearing(reading) the petition to approve or deny it. However, there are no
clear guidelines on when they have to hear or read it. We haven't heard of a
petition being looked at yet. Please don't let this discourage you from mailing
in a petition, because we strongly urge you do! Just wanted to give a heads up
on what to expect after you mail it. Q: What is a "Primary
caregiver" (CG) and how do I become one?
A:From 333.26423 of the MMA:"Primary caregiver"
means a person who is at least 21 years old and who has agreed to assist with a
patient's medical use of marihuana and who has never been convicted of a felony
involving illegal drugs.
So if you meet the above
criteria, a "Qualified Patient" has designated you with the possession
of the plants, and you have waited the 20 days after you certified mailed the
application in, without receiving a denial, then you can now legally grow 12
rooted plants for that patient. You can do this for up to 5 patients at one
time for a total of 60 plants (12 each).
A
"Qualified Patient" can also be a caregiver, as long as the above
criteria is met. If this happens, the max amount of plants you could grow would
be 72.
More FAQ's to
come...
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