Are you a medical marijuana patient facing state charges in Michigan?

If you are arrested for a marijuana offense and the prosecutor files charges, you will first face an arraignment, where you will plead guilty or not guilty. If you plead not guilty, you will have various motions hearings and eventually you may go to trial before a jury or judge. Use a Public Defender or private attorney, and feel free to have her or him contact us at legalsupport@safeaccessnow.org to discuss trial strategy.

The Michigan Legislature passed the Michigan Medical Marihuana Act (MMMA), in November of 2008, allowing for the medical use of marijuana by people with a debilitating medical condition.  This legislation provides protection for the medical use of marijuana and provides for a system of registry identification cards for qualifying patients and primary caregivers.

The MMMA provides for a registry identification program, which the Michigan Department of Community Health will administer under the Michigan Medical Marihuana Program (MMMP).  This registry identification card is mandatory in order to assert a medical marijuana affirmative defense in state court.

Michigan law allows a patient with a physician's statement (also known as a recommendation) and registry identification card to possess 2.5 ounces of usable marijuana, 12 marijuana plants kept in an enclosed, locked facility, and any incidental amount of seeds, stalks, and unusable roots.

Each qualifying patient can have no more than one primary caregiver, and a primary caregiver may assist no more than five qualifying patients with their medical use of marijuana.  Registered primary caregivers must be 21 years of age or older and never convicted of a felony involving illegal drugs.

The MMMA does not allow patients to use marijuana in public, while operating any motor vehicle, aircraft, or motorboat, or while otherwise undertaking any task when doing so would constitute negligence or professional malpractice. 

A qualified patient is not permitted to possess or engage in the use of marijuana:

1. in a school bus;

2. on the grounds of any preschool, primary or secondary school; or

3. in any correctional facility.

For more information, see What the Law Says & How to Become a Patient.

Michigan does not currently have any reciprocity agreements with other states, however, any “visiting qualified patient” or registered primary caregivers with a registry identification card, or its equivalent, issued by another medical marijuana state, will be recognized as a qualified patient in accordance with the MMMA.

Additionally, while ASA is unaware of any current precedential Michigan case law supporting the return of marijuana to a patient, it might be possible for a Michigan patient to get his or her legal amount of medicine back from law enforcement if it was wrongfully seized and the criminal case has not been prosecuted or has been dismissed. For more information on how this type of process works in California, take a look at our Return of Property page.

Make sure you give all of this information to your Public Defender or private attorney and discuss it with her or him, and also that you and your lawyer continue to research whether there is any new case law in your state regarding medical marijuana. For information about how to find a lawyer familiar with medical marijuana law in your state, contact local activists to see if they have any information at Local Resources.