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The Michigan Medical Marijuana Act: The first 24-Months

This article chronicles the implementation of the Michigan Medical Pot Act, passed via referendum in the 2008 general election. Needlessly to say, once applied to our human tapestry, the MMA has been subjected to some already-classic judicial interpretations, with a strong promise of more to come.marijuana news today

The Michigan Legislature passed the MMA on December 4, 2008, making Michigan the 13th state to allow the cultivation and possession of pot for medical purposes. The Act quotation a series of findings related to the beneficial uses of pot in treating nausea, pain and other effects from a variety of debilitating medical ailments. The Act also notes that according to the FBI, 99% of all pot possession arrests nationwide are done pursuant to state, rather than federal law. It is important to note that possession of the drug remains illegal under federal law.

The MMA defines a "debilitating medical condition" as cancer, glaucoma, HIV, hepatitis C, and other diseases along with other chronic trials which cause pain and nausea. A "primary caregiver" is defined as, "a person who are at least twenty-one years old and who has agreed to assist with a patient's medical use of pot and who has never been guilty of a breach of the law involving illegal drugs. " A "qualifying patient" is "a person who has been diagnosed by a physician as having a debilitating medical condition. "

The basic repair of the Act provide that passing patients and primary care providers (marijuana growers) must possess a "registry identification card", issued by the Department of Community Health. Tens of thousands of applications have been processed; plenty remain pending with an increase of filed every week; the demand for certification, for pot, is relatively insatiable here in Michigan.

The sought after is understandable. Cardholders are not subject to arrest or justice for pot possession/distribution provided the client keeps less than 2. 5 ounces of smokeable pot. Care providers are allowed to maintain up to 12 plants for each qualified patient; stems, seed and unusable roots do not count toward the plant reduction.

Medical professionals also have immunity from justice relative to their certification of the patient's need for the drug, so long as they conduct an assessment of the patient's history. A legitimate physician-patient relationship is required.

Since the You. S. Great Court decided the case of Conant vs Walters in 2003, medical professionals have been able to recommend a patient's use of pot (but cannot propose pot by placing the recommendation on a prescription form). Doctors can also make notes regarding their recommendations in the patient's chart and can testify on behalf of a patient's medical use of pot in a court of law. The Great Court's Conant decision paved the way for passage of the MMA.

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