Even though The State of Michigan has enacted the MMMA (Michigan Medical Marijuana Act), the police and prosecutors have acted as if nothing has changed and charges and arrests have certainly not decreased. In fact, the amount of annual arrests is near an all-time high. If you have been charged with any type of drug crime as a cardholder or a non-cardholder, we can help!

We have been a leader in the field since the inception of the act and have been successfully helping our clients facing drug charges for the last 30 years in Michigan.

With all the recent changes to laws in the state, we realize there is a need for aggressive legal representation to protect the rights of the medical marijuana community. We are a part of the NORML Legal Committee to make sure that our clients are up to date on the latest information and court decisions.

Harsh Penalties and Fines Accompany Marijuana Offenses

Michigan Medical MarijuanaThe marijuana laws in Michigan are very poorly written and this can make interpreting it very confusing and frustrating. What is clear is that both medical patients and caregivers are prohibited from selling or distributing to anybody who is not registered with the state as a patient. Unfortunately, the penalty for breaking this law is quite severe and can carry up to a two year prison sentence along with a fine of up to $2,000 for violating the MMMA. However, state prosecutors very often charge under the existing laws which can carry a sentence up to four years in prison along with a $20,000 fine, and the penalties only increase depending on the amount. If you are charged under Federal Law, the penalties are extremely harsh. For example, having more than 100 plants and being convicted in Federal Court the results in a penalty of five years in prison mandatory and a $5,000,000 fine. Again, the penalties only increase with the amount of marijuana. Since the penalties are extremely severe, having a seasoned and skilled drug attorney is a must.

Caregivers are allowed to possess 12 plants and up to 2.5 ounces for personal medical use; many police officers will also claim that you have over your legal limit even if the statement has no merit. Another reoccurring theme we have observed is the heavy use of forfeitures. When law enforcement believes certain items were bought from the proceeds of distribution, they will not hesitate to seize your personal assets of high worth including, your crop, grow equipment, cash in the house, your automobiles and in some cases even your house. The worst part of this process is that they can seize your property and never even charge you with an offense. Sounds fair right? Again aggressive representation is needed to counter the aggressive acts of the police. We can help you recover seized property!


TOUGH MARIJUANA ATTORNEYS FOR YOUR TOUGH TIMES

If you find yourself a suspect, being investigated, or charged with anything related to marijuana give us a call today and we can protect your rights and give you the tough defense that you need!

Answers To Your Medical Marijuana Questions!

How Do I Apply and Register To Become a Medical Patient?

In order to register, you must be considered a “qualifying patient”.  If you are deemed eligible, you can apply with the Department of Licensing and Regulatory Affairs which is located in Lansing, MI.  In your registration you need to include a number of different things including an original application if this is your first time applying or a renewal fee if you have already registered.  You also need to include the name, address, and birth date of the qualifying patient, the qualifying patient’s physician, and the qualifying caregiver.  You can apply online here.

What Medical Conditions Qualify For To Become a Patient?

According to the language of the MMMA, a patient must have what is called a “debilitating medical condition”.  The state defines this condition in 3 separate distinctions. Firstly, you quality if you currently are suffering from glaucoma, cancer, AIDS, HIV, hepatitis C, Crohn’s disease, alzheimers, or amyotropic lateral sclerosis.   Secondly, you can quality if your “debilitating medical condition” or it’s subsequent treatments cause one or more of the following criteria : Chronic pain, nausea, seizures, muscle contractions, or wasting syndrome.  Lastly, you can qualify if your medical condition is added to this list by the State.

Are There Any Age Limit Restrictions?

Yes.  All patients must be 18+ years of age unless they have full permission from either their parent or some other legal guardian who makes all medical decisions.  The parent or guardian of the patient who is under 18 MUST ALSO be the patient’s caregiver.  In order to be registered as a caregiver in the state of Michigan, you must be 21+ years of age.

How Much Does It Cost For Application/Renewal?

Generally speaking, the cost for a new application or a renewal is $100.  The State of Michigan does provide a reduced fee for those that qualify and fill out additional paperwork.  If you do quality for the reduced rate, it is only $25.  You must be currently receiving Medicaid or SSI among other things to fully qualify.  Whether you pay the full rate of $100 or the reduced rate of $25, you must pay with a check or money order up-front at the time of application.

Exactly Who Can Look and Have Access To The Registry List?

The state of Michigan compiles information about all the patients and caregivers in the system.  Unfortunately, there are a few exceptions to the rule.  The MMP states that only authorized employees or local police can have access.  The police can only use the list to confirm that residents are actually cardholders.

Is It Possible To Withdraw From The Program Altogether?

Any patient or caregiver is allowed to withdraw from the Michigan medical program.  In order to withdraw, one must send a written statement.  You will be required to return all cards and you will not be refunded your money unless you withdraw before receiving a registry card.

Will My Doctor Need To Give Me A Prescription?

Technically speaking, doctors are not “allowed” to write a prescription for medical marijuana because the federal government maintains it’s a schedule 1 drug.  A doctor simply gives their recommendation that it will help mitigate the corresponding “debilitating medical condition”.

Is My Employer Allowed To Fire Me If I Use Medical Marijuana?

The State of Michigan does not have the authority to make medical marijuana legal at work.  This decision is solely that of the employer.  There have been many instances where employers have terminated patients.

Where Can I Legally Consume It?

The state has a huge list of places where you can’t consume it.  It’s suffice to say that can’t consume it in any public place.

If I Have A Registry Card In Another State, Am I Protected?

Unlike most other states who are currently running a similar medical program, you are protected under the MMMA.  If you have a registry card from another state is equal to having a Michigan registry card.  BE CAREFUL.  Many other states won’t honor Michigan registry cards, even those that have programs.

We Can Help Regardless of The Legal Issue You’re Facing

  • Possession

  • Manufacturing

  • Trafficking

  • Drugged Driving

  • Medical Dispensaries

  • Caregivers

  • Patients

  • Co-Op’s

  • Health Professionals

Looking For More Information About Medical Marijuana?

If you have been charged or arrested for any crime, contact the experienced medical marijuana attorneys at The Clark Law Office and let us protect your rights! We will do everything in our power to fight your charges and get the best possible result. We give free consultations to all of our clients and during this consultation, we will explain the best course of action for your case and why. Don’t let your rights get trampled; Call us today at (517) 347-6900 for a free consultation!