We will add cases and forms as time permits. This list is not exhaustive, but rather, has the cases, opinions, and documents we think most helpful. All forms are "boilerplate," inotherwords, they are samples. You should consult with your own attorney about how and when to use them, and more importantly, what information to include (or not). They are placed here as a public service, and are for informational purposes only. All forms are in PDF format, and can be downloaded and viewed, and then tailored to fit the facts of your case.

We cannot over emphasize the need to obtain a knowledgeable and experienced medical marijuana lawyer to help you if you are either facing criminal marijuana charges or have been charged with a marijuana crime.  The Michigan Medical Marihuana Act is new, the Act itself is short, which means there are a lot of grey areas and unknowns; even the most cautious well-meaning patient or caregiver can run afoul of the law and get charged with a Felony. 

Please realize that nothing on this page is meant to suggest that you violate any federal or state drug laws. Absolutely none of the forms are intended to be legal advice.

Federal Medical Marijuana Cases and Letters.

• ATF Firearm Letter: ATF Firearm Letter Sept 2011
• Drug Enforcement Agency Letter:  DEA Letter Denying Marijuana Reclassification (July 2011)
• USA v. MDCH:   United States of America v. Michigan Department of Community Health (2011) See analysis below.

 United States of America v Michigan Department of Community Health. June 2011

The DEA demanded that the State marihuana registry turn over documents for 7 registered patients/caregivers. The MDCH declined, as Section 6 makes doing so a crime. The DEA then sued in federal court, and asked that the Court enforce its subpoena. This office filed an amicus curiae (a friend of the court) Motion on behalf of Americans for Safe Access, asking that the DEA subpoena be denied.

In a lengthy opinion, the Court ruled that the documents must be released to the DEA. The 7 registered patients and caregivers had no “reasonable expectation of privacy” in the registry documents, because: (a) marihuana is illegal under federal law ,and you cannot expect to be immune from federal investigation when you violate federal law; and (b) the registry  identification cards are designed to be shown to police to avoid criminal charges. Since federal law trumps state law, the criminal sanction for releasing registry information was null and void as to federal investigators:

"The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. It is beyond peradventure that federal power over commerce is superior to that of the States to provide for the welfare or necessities of their inhabitants, however legitimate or dire those necessities may be."

What this means, is that any document submitted to the MDCH can be obtained by federal agents at any time for any reason. The Opinion stated that: anyone who sends a form to the MDCH should know that the federal government can obtain it at any time. This case has the potential to be the "shot heard around the world," at least in the medical marijuana community. The feds can issue a subpoena to the State registry without having to first show probable cause or obtain a search warrant;. A subpoena can be signed by a government lawyer or a federal agent:

"Only the truly naive or the disingenuous would try to argue that the MMMA will not be abused by others seeking a cover for illicitly using or distributing marijuana. Those who are legitimate users or providers of marijuana under the MMMA and their supporters should be concerned that if the federal government cannot satisfy itself that the medical marijuana shield, which it is voluntarily choosing to recognize, is not also sheltering non-medical marijuana traffickers, this Administration or the next may simply pull the plug and prosecute anyone using or distributing marijuana, which it unquestionably may do under existing federal law." 

Michigan Medical Marijuana Cases.

• State v Koon. People v Koon (April 2012), (Medical Marihuana Driving Case)
• State v Brandon McQueen Apothecary (8/2011).  State v Brandon McQueen Apothecary Case
• Michigan Attorney General Bill Shuette's Schuette MMMA Opinion (6/2011)
• People v Anderson     People v Anderson Majority     People v Anderson Concurring Opinion (2011)
• People v King     People v. King Majority     People v King Dissent (2011)
• People v Kolanek   People_v_Kolanek_COA_opinion   (2011)
• People v Redden     People_v_Redden     Concurring Opinion:  People_v_Redden_Concurrence (2010)

Miscellaneous.

• This is a cool "Restricted Area Notice" to post outside of a grow room:  Restricted Area Warning 

• Sample Doctor letter to support patient's medical marijuana certification:  Doctor Memorandum to Support Rec

• Sample Patient letter to verify that "x" person is/was their caregiver:   Patient Caregiver Affidavit

Disclaimer:   It is our hope that everyone will strictly adhere to the Michigan Medical Marihuana Act's requirements. Please understand that the purpose of this webpage is strictly informational; nothing on this website or this webpage are intended to suggest that you violate or attempt to violate any state or federal law. Remember, marijuana remains strictly illegal under federal law and the penalties are severe. You are advised to seek your own personalized legal advice.