Know your legalized marijuana rights
Know your legalized marijuana rights
Know your legalized marijuana rights
Did you know as a citizen of Michigan and under the Michigan Medical Marihuana Program (MMMP), you are legally allowed to possess up to two-and-a-half ounces of usable marihuana and 12 plants stored in an enclosed and locked facility if you are an approved patient for specific debilitating medical conditions? According the Michigan Department of Community Health (MDCH), a whopping 58,125 patient registrations have been issued since April 6, 2009.
As a Michigan citizen, you may be wondering, "am I qualified to become a patient legally permited to cultivate and use marihauna? And what are my rights as a resident?" Below is a brief synopsis of the law and your rights as a citizen.
Brief History
On November 4, 2008, 63% of Michigan citizens voted in favor of Proposal 1, or the Michigan Medical Marihuana Act (MMMA). With its passage, Michigan joined 13 other states currently there are 15 - in allowing citizens to register for the right use and cultivation of marihuana for specified medical conditions. The MMMA took effect on December 4, 2008 and the law required the MDCH to implement a set of governing rules within 120 days. On April 4, 2009, the MDCH created the MMMP to administer the registration process and to assure that the registration process is conducted efficiently and effectively, consistent with all statutes and administrative rules pertaining to the MMMP.
Your rights as stated in the Michigan Medical Marihuana Program
Only Michigan residents can enroll in the MMMP with the Michigan Department of Community Health, Bureau of Health Professions.
An applicant must have been diagnosed by a physician as possessing one or more of the below qualifying debilitating medical condition to apply and receive an identification card permitting to use or cultivate marihauna: cancer, glaucoma, or positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, or nail patella.
a chronic or debilitating disease or medical condition or its treatment that produces one of more of the following: cachexia or wasting syndrome;
(ii) severe and chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to those caused by epilepsy; or
(v) severe or persistent muscle spasms, including but not limited to,those which are characteristic of multiple sclerosis; or
any other medical condition or treatment for a medical condition adopted by the department by rule.
Any Michigan citizen possessing a valid MMMP card is allowed to ingest medical marihuana to alleviate the symptoms or effects of the person's debilitating medical condition.
Although administered a valid MMMP card, the MMMP has no authority to influence the activities of local and state law enforcement agencies.
Paraphernalia relating to the consumption of medical marihuana is permitted to those who possess a valid MMMP card.
Possessing a valid MMMP card does not constitute probable cause for the police to search a person or their property.
The state will keep the list of all qualified patients and approved caregivers who have received identification cards confidential except for the following circumstances: authorized employees of the department as necessary to perform official duties of the department; or
authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry identification card.
It is up to an employer to determine whether or not medical marihuana can be consumed in the workplace. However, an employer does not have to accommodate employees who use medical marihuana. Contact Nessel Defense Law to learn your rights and whether or not to tell your employer that you are a patient in the MMM.
As a valid cardholder, you are permitted to consume medical marihuana on your property or elsewhere.
It is up to your own discretion to tell your landlord you possess a valid MMMP card and are permitted to legally consumer medical marihuana. The MMMP does not address whether or not you can be evicted because you are a patient of the MMMP. Contact Nessel Defense law if you have questions about your rights as a renter.
The MMMP does not address whether or not patients can legally consume medical marihuana within drug free zones. Contact Nessel Defense Law to learn your rights.
If you are a patient of the MMMP and have questions about the law or feel your rights have been violated, contact Nessel Defense Law today to learn your full extent of rights under the law.
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