Michigan Medical Marihuana Act - MMMA - Criminal Sanctions - NEW LAWS - Misdemeanors and Felonies

The MMMA and its New Criminal Acts

New legislation has created two new (or one new and another modified) criminal charges that can and will extend from specific violations of the Michigan Medical Marihuana Act (aka MMMA). This new legislation will become effective April 1, 2013; therefore, it is imperative to know what can and will happen if you perform certain acts outside the scope of the MMMA.

It will now be considered a two (2) year felony if an individual is convicted or found guilty of selling medical marijuana to a non-cardholder. The House Bill can be viewed here. Meaning an individual who has certification to use medical marijuana (whether a caregiver or patient) is not allowed to sell to another individual not certified to use medical marijuana as instructed by the MMMA.

New legislation also makes it a criminal misdemeanor for individual patients and/or caregivers to transport medical marijuana that is not in accordance with this new amendment. The House Bill for this amendment can be viewed here. Caregivers and patients must now transport their medical marijuana in a case inside their vehicle’s trunk, or if the vehicle does not have a trunk then the individual must have their marijuana inside a case and placed in an area of the vehicle that is not accessible to that patient or caregiver.

This new carrying law will impact medical marijuana users while they are transporting their marijuana from one place or another. It is imperative to know the law, especially when it comes to the MMMA. You are now restricted in how you can transport medical marijuana, which includes those moments where you are driving from the dispensary to your home. The simplest mistakes can have the biggest impacts.

These and other new amendments affect the medical marijuana community. Make sure you know what you can and cannot due with your certification to use marijuana. It could keep you out of jail and keep you smoking carefree.

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. 

Michigan Medical Marihuana - People v Nicholson - MMMA Cardholders - Patients and Caregivers - Michigan Marihuana Lawyer

A short yet important topic that impacts Michigan Medical Marijuana patients and caregivers revolves around medical marijuana cards and paperwork. The Court of Appeals indicated that patients and caregivers must have their paper or medical marijuana card on them in order to receive protection under the Michigan Medical Marijuana Act (MMMA). See People v Nicholson.

The facts of the case, in Nicholson, indicated that the defendant was a passenger in a vehicle and was holding one ounce of marijuana. The defendant had applied for his medical marijuana card, yet he had not received actually it. Moreover, the paperwork that indicating he was authorization to use medical marijuana was in his own vehicle, which they were not driving at the time of the arrest.

The court inevitably concluded that immunity would not be granted to the defendant because he did not have his paperwork accessible to him at the time of arrest. However, the court went on to indicate that the defendant is immune from prosecution because he does possess his card prior to the time of prosecution. The court inevitably remanded the case back to the circuit court for further investigation into whether the activities on the date of arrest involved the medical use of marijuana.

Therefore, the issue, in Nicholson, came down to whether he had his card/paperwork prior to prosecution and whether his actions that lead to his arrest qualify as medical use as indicated in the MMMA. It should be noted that the defendant was arrested because he did not have his paperwork on him, which any medical marijuana patient and/or caregiver should take note of. You should ALWAYS carry your paperwork or card, even if you are not holding.

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.