What Is A Patient Under The MMMA
The Michigan Supreme
Court in People v King determined
what an individual must do in order to be considered a “patient” within the
language of the Michigan Medical Marihuana Act (MMMA). See People v King. It explained that
“patients” must obtain a doctor’s statement indicating a medical need for
marijuana prior to the commission of any potential criminal act. A written
statement or “prescription” may be more appropriate due to the required
evidentiary hearing that is attached to criminal charges. It seem the outcome
of the evidentiary hearing will be determined on the reasonableness of the activity
compared to the requirements indicated in Section 8 of the MMMA. See MCLA § 333.16428.
Once the patient has obtained
a statement or “prescription” from a doctor he or she may use a “reasonably
necessary quantity of marijuana.” The Court did not elaborate on “reasonably
necessary.” But in essence, a “patient” should be allowed to hold at least 2.5
ounces of marijuana (the amount indicated in Section 4). See MCLA § 333.26424.
It seems that the Court
interpreted the Act clearly in a fashion that it was intended, which consisted
of a variation in the term “patient.” You have those patients that will want to
be somewhat immune from criminal exposure, if that person adheres to the strict
requirements of Section 4 of the MMMA. See Michigan Supreme Court
Clarifies the Michigan Medical Marihuana Act. Section 4. You will also have those
patients that do not want to register or become “qualified patients.” In the
end the MMMA allows for multiple defenses involving a “patient’s”
antibiotics. See Mich. Supreme Court
Expands Mich. Medical Marihuana Act.
Consult your attorney to
discuss the potential exposure to criminal prosecution and the stages of
prosecution in order to make an informed decision about any and all questions
regarding the MMMA.
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. HOPE TO SPEAK WITH YOU SOON.
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