The MMMA & Right to GROW, USE &
POSSESS.
The Michigan
Medical Marihuana Act (aka MMMA) became law in 2008, which allowed for a
specific group of people to use, possess and cultivate medical marijuana.
Moreover, these individual could and can interact within certain circumstances.
Until recently, many of the issues inherent with the MMMA has been ironed out,
or at least it seems.
Some counties,
towns and municipalities within the State of Michigan took a very strong and
conservative stance on the MMMA and its purpose and allowances. These areas basically
followed Federal law, which bans marijuana (medical or otherwise), rather than
Michigan law, which of course legalizes certain acts involving marijuana. It
should be noted that these areas would not necessarily criminally punish
medical marijuana users, but rather use civil infractions for non-compliance of
local ordinances.
The Michigan
Court of Appeals explained that cities, counties or otherwise cannot
out-rightly band the use of medical marijuana. Read Beek v City of Wyoming here.
Moreover, the court explained that individuals certified to use or cultivate
marijuana could do just that. Of course, the individual needs to follow the
statute unless he or she wants to risk prosecution. However, in the end, the
municipality cannot tell you, a medical marijuana user, that you cannot grow or
cultivate your medicine.
The court
stated, in a nutshell, that a township is not allowed to use a local ordinance
that would directly conflict with a Michigan statute. Therefore, qualifying
medical marijuana users (caregivers and/or patients) are allowed to use,
possess, and cultivate marijuana, so long as the act is in compliance with the
MMMA.
Make sure you
know the law because you never want to watch your right to use go up in smoke.
It is imperative to know what you can and cannot due with a certification to
use medical marijuana. Noncompliance can lead to criminal charges, forfeiture
of assets, and jail time. Learn how to smoke carefree with your green tree. Call Josh Jones today.
PLEASE
DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF
IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION.
YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE
CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR
OTHERWISE STATED ON THIS SITE. WE HOPE TO SPEAK WITH YOU SOON.
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