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| Medical Marihuana Blog: Questions and AnswersWe have received numerous questions asking for guidance on the Michigan Medical Marijuana Act. We will begin posting some questions and answers here, so that others can read and be informed. The actual language of the Michigan Medical Marihuana Act is fairly short and leaves many grey areas. Until there are additional rules or guidance from the courts, you must realize that the answers below are nothing more than educated guesses based upon years of criminal defense experience and actual cases we have defended. Those who choose to go down this road are advised to proceed with great caution. Please read the disclaimer below and realize that nothing on this page is meant to suggest that you violate any federal or state drug law. Absolutely none of the answers are intended to be legal advice. Questions and Answers. Question: I read that a caretaker can have up to 5 patients; but how many caretakers can a patient have? Also, is there a legal difference between possession and storage, can a caretaker store his or her product in larger quantities than the limits just in case there is a disruption in production? Answer: The Act does not set a limit on how many unofficial caretakers a patient can have. The MMA does not prohibit a patient from obtaining their medicine from more than one caregiver. However, a patient is only allowed to designate one caregiver on the Patient Application form. As to your second question, Michigan law does not distinguish 'possession' versus 'storage'. Whatever is stored by a caretaker or patient is "possessed." There is no allowance for a disruption in production. Question: Can my friend's kids be taken away by the ex if they make a big deal about my having medical marijuana? If I follow all the requirements, would a judge order the kids to go away because this is an unsafe home? Answer: The law is in a state of flux and there are no clear answers. If you chose to use marihuana for your medical condition, smoke outside or in a well-vented room so the children are not exposed. Any grow room must be locked, secure, and the kids should not even know it exists. Contact an attorney in your county, as they will have a better handle on this issue. Question: I have heard that police come to your door and do an investigation called a 'knock and talk.' I am a medical patient and am scared they will come to my door, smell marihuana, and come busting in. How can I protect myself? Answer: You are right to be scared, as we know true stories of this happening. As soon as the police smell (of think they smell) marihuana, many think they can enter your home by force without a warrant. The best advice? Never open the door. If you cannot resist the urge to talk - most people cannot - then open a window. Show them your ID card/application or tell them where it is. If the cops force their way inside your home, do NOT resist, this will only makes things worse. Repeatedly tell them you are a patient/caregiver as you are handcuffed. Have the card in your pocket or in your hand if you cannot resist the urge to open the door. We have heard vice officers testify that once the door was open and there was a "strong smell of marijuana," they felt they could legally enter the house sans warrant and over the homeowner's vehement objection, to 'preserve evidence.' Remember, the police cannot lookup your address ahead of time to see if you are a patient/caregiver. Question: Can you grow or use medical marijuana if you live in a school zone and have a child in the home? Answer: Neither a patient nor their caregiver can distribute nor grow marihuana within the federal 1000-foot Drug Free School Zone. The Michigan Medical Marihuana Act does not protect you from federal prosecution. If you live within 1000 feet (as the crow flies) of a daycare facility or school, you are not protected by the Medical Marihuana Act. The fact you have a child in your house will not deter possible prosecution. Since child custody is decided by state law, the 1000-foot rule does per se affect child custody (unless you are in jail). We strongly suggest that you take proper precautions with medical marihuana, just as you would with any medication. It should be locked up, out of reach, and children should never be exposed. You should be aware that of Michigan's 500 foot drug free zone. If you own, possess, or use (or allow someone to use) a vehicle, building, structure, place, or area to manufacture a controlled substance, it is a 10 year felony. If the manufacture occurs in the presence of a minor it is a 20 year felony or a $100,000 fine. If the location is within 500 feet of a home, business, school property, or church, it is a 20 year felony. However, the 500 foot statute explicitly exempts marijuana, and you should also be protected if you are abiding by the confines of the Michigan Medical Marihuana Act. Question: Does a patient or caregiver have to maintain the plants at their primary residence or can it be a secondary location? Answer: There is no requirement that a patient or caregiver grow plants at their home. Where you grow would only be limited by local zoning laws and the drug free zones. Question: I was suspended because THC was found in my urine screen and I am worried about losing my job. I've worked for this company for 14 years, have an outstanding work ethic, never called in sick, and have excellent safety record. I was not impaired at work and have never smoked at work or before work. I feel they are discriminating against me. Answer: There is some protection under the Act for employees. The Act does not require that an employer allow an employee to use or ingest medical marihuana on the job nor allow an employee to work while high. The Act is of course silent as to whether a company that has a "no-drug" policy can legally fire an employee simply for failing a drug test. Various states such as California allow an employer to do just that with an employee who tests positive. Michigan's Act is not as clear, and there is at least one court case working its way though the legal system involving Wal-Mart's zero tolerance drug policy, which led to the firing of a handicapped employee who tested positive for THC. The actual language of the Act says: "Nothing in this act shall be construed to require. . . .An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana (Section 7(c))." Notice that is says nothing about the firing (or not) of an employee who tests positive for THC. You may want to take your medical records, doctor recommendation, and marijuana ID card to your employer and plead your case like this: "I am a licensed medical user, and am using this as medicine to control my pain. I am 100% willing to stop if you require it; but, I would much rather use medical marijuana because its side effects are minimal and it really relieves my pain. I hate the other narcotic pain meds because they leave me feeling drowsy. Marijuana it is not addictive and does not dull my senses like other pain killers. I have been a great asset to the company (add more here). You can monitor my THC levels if you want to make sure I am not abusing it..." Of course by doing so, you are letting the proverbial genie out of the bottle, and now your employer will know all your medical problems. Unless your employer is voluntarily willing to accommodate your use, you may have to choose between your job or your medicine. Question: I was curious about becoming a caregiver. The marijuana law says you can have 12 plants per patient. My question is what is the definition of a plant? Is there a certain stage of growth or is even a seedling considered a plant? Answer: The Michigan Medical Marijuana Act is blissfully silent as to what is a "plant." We actually have this question come up a lot: is a dead plant still a 'plant' (p.s. many cops think so); is a cutting a 'plant?' The general rule of thumb is that in order to be qualified as a 'plant' the stalk must have some type of roots. A seedling is considered a 'plant' the minute it develops roots. Question: (more to come) Answer:
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. Remember, marijuana remains strictly illegal under federal law and the penalties are severe. You are advised to seek your own personalized legal advice 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. 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 State, Cornerstone, Grand Rapids Community College, and Michigan State University. |
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Bruce Alan Block, PLC
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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. |
