The Section 8 [Affirmative Defense] Briefly Outlined
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). It explained that
“patients” must obtain a doctor’s statement indicating a medical need for marihuana prior to the commission of any potential criminal act. A written
statement or “certification” may be more appropriate due to the required
evidentiary hearing that is attached to criminal charges. It seems the outcome
of the evidentiary hearing will be based upon the reasonableness of the activity and as compared to the other requirements indicated in Section 8 of the MMMA. See MCLA § 333.16428.
Once the patient has obtained
a statement or “certification” from a doctor he or she may use a “reasonably
necessary quantity of marihuana ” The Court did not elaborate on “reasonably
necessary.” But in essence, a “patient” should be allowed to hold at least 2.5
ounces of marihuana (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. 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” marihuana and medical uses of such marihuana.
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.
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