Michigan & Detroit Medical Marijuana Defense Lawyer.

Affirmative Defenses under the Michigan Medical Marijuana Act
The Michigan Medical Marijuana Act has two separate defenses that can be asserted if you are charged with possession of marijuana.

Section 4 of the Act allows protection from arrest and prosecution when either the patient or the caregiver has been issued a registry identification card, has no more than 2.5 ounces of usable marijuana in their possession, has no more than 12 plants per patient, and any plants are kept in a locked and enclosed facility. In addition, possession of any paraphernalia used to ingest marijuana is protected.

Section 8 of the Act also provides for an affirmative defense even if the patient or the caregiver has not registered. Under this section, an affirmative defense can be asserted when a physician has stated that, in the physician's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana, the patient and/or the patient's primary caregiver were in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana and the patient and/or the patient's primary caregiver were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat the patient.

Many police officers, prosecutors, judges and attorneys do not understand this new law, so it is important if you are charged to retain an aggressive and experienced attorney who is familiar with Michigan’s Medical Marijuana Act and who will protect your rights.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

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Wyandotte

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The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742