The Medical Use and Cultivation of Marihuana
This article addresses the highlights of the Michigan Medical Marihuana Act -- including requirements for participation and legal safeguards.
October 17, 2009 /24-7PressRelease/ -- The Medical Use and Cultivation of Marihuana
Article provided by Scott Grabel & Assoc.
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Michigan has become the 13th state to legalize the medical use, possession, and cultivation of marihuana for a qualifying patient, and the possession and cultivation of marihuana for the qualifying patient's primary caregiver. The law is known as the Michigan Medical Marihuana Act. These laws find support from a National Academy of Science's Institute of Medicine report that modern medical research has discovered beneficial uses for marihuana in treating and/or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions. Many individuals have found relief in the use of marihuana when the standard medications are no longer effective, are unavailable to a patient because of the prohibitive costs, or where a treating physician may be reluctant to prescribe certain pain medications.
Federal law still prohibits any use of marihuana, except under very limited circumstances, and an individual may still be prosecuted for the use and possession of marihuana even if the purpose of the use and/or possession is for an approved medical purpose within a state that makes such use, possession, or cultivation legal but is unlikely as almost 99% of arrests for marihuana are made by state authorities.
A qualifying patient is an individual who has been diagnosed by a physician as having a debilitating medical condition. In Michigan, a debilitating medical condition is presently defined as 1 or more of the following:
Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions, or;
A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis, or;
Any other medical condition or its treatment approved by the department, as provided for in the Act.
The Act provides there will be other debilitating medical conditions and/or treatments added to the list of debilitating medical conditions and/or treatments that will be covered by the Act at a later date. An attorney should be consulted to determine whether a specific condition or treatment is covered by the Act
A primary caregiver is an individual who is at least 21 years of age, who has agreed to assist with the qualifying patient's medical use of marihuana, and who has never been convicted of a felony involving illegal drugs. These persons are also provided protections under the Act from criminal arrest and prosecution, or any civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau if the use, possession, or cultivation complies with the Act.
A qualifying patient or his or her primary caregiver must register with the state authorities and apply for a Registry Identification Card that identifies those individuals who are legally able to use, possess, and cultivate marihuana for medical purposes. The Department of Community Health shall issue a registry identification card to a qualifying patient who submits certain and specific documentation to the department for registration. For qualifying patients under the age of 18, a registry identification card shall not be issued unless additional information is provided in the application to the department.
The amount that either individual may have in his or her possession at any given time is 2.5 ounces of usable marihuana. In addition, the qualifying patient and/or primary caregiver may possess up to 12 marihuana plants in an enclosed, locked facility. The law provides a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana if they are in possession of a registry identification card and they do not possess over that amount of marihuana as set forth in the Act, i.e., 2.5 ounces of usable marihuana or 12 plants. Finally, a registered primary caregiver may receive compensation for the costs associated with assisting a registered qualifying patient in the medical use of marihuana.
Finally, the Act provides that a person, other than a primary caregiver and the qualifying patient, who is solely in the presence or vicinity of the medical use of marihuana as set forth in the Act or for assisting a registered qualifying patient with using or administering marihuana, shall not be subject to arrest or prosecution, or penalty in any manner.
If an individual is suffering from one of the debilitating medical conditions listed or from the symptoms of treatment of such a condition the medical use of marihuana may be an option available to them. This decision should be discussed with that individual's physician in order to determine the right course of treatment. In addition, an individual should consult with his or her attorney to get additional information as to what conduct is specifically prohibited by the Act and whether they are in compliance.
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