Michigan & Detroit Medical Marijuana Defense Lawyer.

Facts about the Michigan Medical Marijuana Act (MMA)
The first thing everyone should know about Michgan’s Medical Marijuana Act is that a lot of people do not understand the law. This includes the police, the prosecutors, the judges, and even those who have registered as patients or as caregivers.

"If the law supposes that," said Mr. Bumble, "the law is an ass, an idiot." Charles Dickins
First, the Michigan Medical Marijuana Act is not one of the finest pieces of legislation. For instance, the MMA is silent on such things as commissaries, dispensaries or how to legally obtain seeds or plants. Or if you are cultivating your own plants, the law requires you to grow it in a “secured” area. But what is a secured area? For instance, if it is growing in your living room and there are locks on the front and rear doors of your house, is that secured? What happens if you leave the front door open with just a locked screen door? Is that secured? But how about if you open the window to let some air in. Is it still secured? According to the law, you can grow up to 12 plants per patient. What happens if you have twelve plants that you are ready to harvest and another 12 cuttings that are put into peat pellets but have not formed roots? Are these considered plants? How about if you and five other caregivers are growing plants in the same room. If you are raided will the prosecutor claim you have constructive possession of all the plants, even those belonging to other caregivers. So unless the legislature acts to further define what is permissible, it will be up to the Courts to determine how the Michigan Medical Marijuana Act will be enforced when individual cases are brought before them.

It is important to realize that using, growing, and selling marijuana is still against Michigan law. What the Michigan Marijuana Act (MMA) does provide is an affirmative defense against a drug related marijuana charge as long as you have abided by the terms and provisions of the law. But as I wrote above, the provisions of the law are obscure or have not been fully defined.

I have received many calls from individuals who want to open dispensaries, however the MMA is silent about this and many communities have passed local ordinances prohibiting them. Even when several caregivers get together to rent space and grow their product under one roof, which may lower their costs, this may or may not be illegal. Again the legislature did not address this in the law and there is no case law to provide guidance for such practices.

If you are going to grow or consume marijuana under the MMA, it is important to speak to an attorney who understands the Act, or as much as can be understood. An experienced attorney will follow any court case that will begin to define what is actually legal or illegal. And remember, under Federal Law, marijuana is still illegal. And while the Obama administration has decided not to enforce those Federal Laws in states that have passed MMA type laws, who knows what will happen with another administration. The best recommendation is to maintain a low profile and be conservative. Until the courts provide more guidance on how they interpret the MMA or the Michigan Legislature defines the law further, you could spend lots of money defending yourself as you become the “test case”. You could even end up going to jail and getting a criminal record.

For more information on the Michigan Medical Marijuana Act or MMA, contact the Law Office of James G.Schmier, PLLC for a no-cost initial consultation. The Michigan Marijuana Act or Michigan Marihuana Act (as it is actually spelled in the Law) was passed to provide medicinal relief to those who need it. Don’t become the “test case” to determine what you can or cannot do. Getting advice up-front may be the best investment you will ever make.

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:

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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