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| Affirmative Defense Medical Marijuana - Criminal Charge.So, you qualify as a medical marijuana patient and/or caregiver and were arrested, or your house was searched, and now you are being charged with possession of marijuana, manufacture, possession with intent to deliver marijuana, and maintaining a drug house. Now what? Michigan's Medical Marijuana Affirmative Defense.The Michigan Medical Marihuana Act gives protection to both registered AND surprisingly, to unregistered patients and their caregivers. Irrespective of the identification card system, there is a second completely separate and just as valid mechanism for defending your medicinal use of marijuana. This separate non-ID card affirmative defense of medical marijuana is presumed by law to be valid when three criteria are met:
I. A physician has stated in writing that a patient is likely to receive therapeutic benefit from using marijuana. The key to this first requirement is that the person has a licensed doctor who is willing to certify, and possibly testify, that the patient is likely to receive a therapeutic benefit from the use of weed. Even if the patient or caregiver gets busted before they are registered, once a physician certifies that the person would have benefited from medical pot at the time of arrest, the affirmative defense applies even though he/she was not registered. II. The patient and caregiver were in possession of an amount of marijuana and marijuana plants not more than 'reasonably necessary to ensure the uninterrupted supply' of marijuana to treat the patient. Unlike the 2.5 ounce and 12 plant limits of Section 4, Section 8 does not set any limits. Section 8 instead allows a patient or caregiver to have as many plants and ounces as "reasonably necessary" to guarantee an uninterrupted supply. Common sense applies here, and you would do well to stay within the limits of Section 4, as it may be extremely hard to argue this defense if you have a large amount of cannabis. III. The patient or his designated caregiver was actually engaged in acquiring or growing marijuana - cannabis for the patient. If the Affirmative Defense of Section 8 is properly presented and argued before a judge, an arrest for possession or manufacture of marijuana can literally be undone! As noted, the accused must obtain a post-arrest, written certification by a licensed physician (M.D. or D.O.) that they will likely obtain a benefit from using marijuana, the amount cannot be more than reasonably necessary, and the accused must have been growing or obtaining marijuana to meet the patient's need. If a person meets these three criteria, a court MUST dismiss the marihuana charges. In order to properly argue this complete affirmative defense to a marijuana crime, the accused must request a hearing and present evidence of all three listed factors. You would do well to hire an experienced attorney to help you! Retroactive Application - Certification.The portion of the Medical Marihuana Act that allows for retroactive certification for a non-registered patient or caregiver is highly remarkable. The Act allows an unregistered patient or caregiver, so long as they meet the registration criteria, to raise the defenses after-the-fact, even though they never registered for a medical marijuana identification card. There are many who do not trust 'big brother' and this portion of the Act allows one to avoid a marijuana conviction, so long as you meet the 3 criteria. Of course registering under the Act would be the wiser course, as doing so should provide you with a safe harbor, credibility with police officers, and save you time, money, and the embarrassment of being arrested, booked, and charged with a crime (not to mention having your medicine seized). Federal Laws do Not Recognize Michigan's Medical Marijuana Act and Defenses.It goes without saying that there are very strict federal laws that prohibit possession of marijuana, manufacture of marijuana, and the gift, sale, or delivery of any amount of marijuana. Most federal criminal marijuana laws have mandatory minimum prison sentences, and marijuana remains on the Schedule I list of highly prohibited drugs. There is also the 1000 foot Drug Free School Zones that you must not violate. Click here to read more. The federal government is not required to recognize Michigan's Medical Marijuana Identification Card system or its Affirmative Defense. To a federal pot or cannabis charge, the ID card and the affirmative defense is "not relevant," meaning a federal judge will refuse to acknowledge its defenses and it cannot even be mentioned at trial. Michigan nor California nor any of the other medical marijuana states can trump federal law, which has kept weed on its Schedule I list of illegal drugs. The current administration has indicated a "hands off" approach to those growers and users who register and comply under state medical marijuana laws. See our Medical Marihuana page for more information. We are Knowledgeable About Michigan's Medical Marijuana Law.This is a new law with many grey areas. There are many lawyers, prosecutors, police officers, and the like who are not sure how to interpret and argue the Medical Marihuana Act. We know how. We are experienced. Criminal Defense Attorney Bruce Alan Block is a Grand Rapids, Michigan lawyer who has successfully represented patients and caregivers accused of marijuana crimes such as: possession of marijuana, manufacture, delivery, possession with intent to deliver, use of marijuana, and maintaining a drug house. If you are accused of a marijuana crime or if you could have qualified as a medical marijuana patient or caregiver when you were arrested, put his 15+ years of experience to work for you. Call (616) 458-8585. Disclaimer: It is our hope that everyone will strictly adhere to the Michigan Medical Marihuana Act's requirements. Please understand that the purpose of this webpage is strictly informational; nothing on this website or this webpage are intended to suggest that you violate any state or federal law. You are advised to seek your own personalized legal advice. Located on the corner of Cascade Rd. and Kenmoor Ave., just east of Interstate I-96, six miles from the Kent County Courthouse. Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County. We represent students from Calvin College, Aquinas, Grand Valley, Cornerstone, Grand Rapids Community, and Michigan State University. |
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Bruce Alan Block, PLC
Attorney and Counselor at
Law Home Page || Law Firm Overview || Medical Marijuana || Indecent Exposure || Drug Offenses || Contact Us The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for personalized advice regarding your individual situation. Copyright © 2010 Bruce Alan Block, PLC. All rights reserved. No claim as to government or other private works. You may reproduce materials at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Requests to reproduce any content should be made in writing to the above. |
