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The Michigan Medical Marijuana Act is rapidly being challenged and interpreted by the court system. Since the Act requires a super majority (3/4) of both houses of the state legislature, it is unlikely that it will be modified by Lansing. We will do our best to stay abreast of new developments and make you aware of important cases from around the state. Presently there are numerous cases pending before trial courts, the Michigan Court of Appeals, and now several at the Michigan Supreme Court. Check back often, both here and at our main Medical Marijuana Page for updates.

RECENT NEWS:

• January 2012, new ballot petition to legalize marijuana. A diverse group of Michigan citizens has begun collecting registered voter signatures to place the issue of legalizing marijuana on the November ballot. A total of 322,600 signatures are necessary to bypass the state legislature and put the issue directly to Michigan voters. More information can be found at their website: End Marijuana Prohibition. A similar signature drive in 2008 led to the voter passed Michigan Medical Marijuana Act. The ballot proposal reads:

A Petition to amend the Michigan Constitution Article 1, to add:

Article 1 Section 28. Repeal of Marihuana Prohibition.

For persons at least 21 years of age who are not incarcerated, marihuana cultivation, possession, bodily internal possession, sale, acquisition, transfer, delivery, transportation, religious, medical or personal use, or possession or use of paraphernalia shall not be prohibited, abridged, or penalized in any manner; nor subject to civil forfeiture; provided that no person shall be allowed to operate a motor vehicle while impaired by any substance.

• January 2012. Legal Update. There has not been an important court opinion in the last few months. The focus is on two cases pending in the Michigan Supreme Court: People v King and People v Kolanek (read more main page). Neither is a medical marijuana dispensary case, but the decision expected in the spring should provide some guidance as to the proper interpretation of the Medical marijuana act (e.g., broadly or narrowly). Meanwhile, we continue to hear reports that dispensaries are being raided and closed in some counties but not others. As stated in our MMMA Pocket Guide:

With Medical marihuana, it seems that we have returned to the olden days of the wild, wild west, when what the law was depended on who the Sheriff was. Whether a medical marijuana dispensary is "allowed" by the Act depends on which county you live in."  

Both the county sheriff, county prosecutor, judges, and all state and local officials are elected by the same voters who overwhelmingly voted in favor of the Michigan medical marijuana act, giving it the highest margin of of passage of any medical marijuana state. An anti-medical marijuana incumbent prosecutor, sheriff, judge, township board member, etc., may well be surprised in November should the electorate decide to elect someone more sympathetic to medical marijuana.

• September 28, 2011. Patients or caregivers cannot grow together.  The state court of appeals ruled that patients and caregivers cannot grow together from a joint location. In State v. Bylsma, a case being defended by this office, six MDCH registered patients and registered caregivers were using a single small grow room as an  "enclosed, locked facility." All had cards and all plants were accounted for. The appeals court, using an expansive definition of "possession" that predates the MMMA, used in drug cases, decided that the caregiver who leased the workspace "possessed" all of the plants, thus, he was over his allowed amount and was prevented from claiming any defense under the Michigan Medical Marihuana Act. This is yet another attack on the MMMA, as the overwhelming evidence showed that the activity did not involve an exchange of money, and was solely for medical use. If this reasoning is followed, not even family members or spouses can grow their medicine in a single facility under this very narrow interpretation; the only person who can access the plants is either the caregiver or patient. The case has been appealed to the state supreme court.

• August 24, 2011. Patient to patient (P2P) sales not allowed. The state Court of Appeals issued a long awaited Opinion on the legality of medical marihuana dispensaries. A three judge panel of the Court of Appeals ruled that patient-to-patient 'sales' are not allowed by the Michigan Medical Marihuana Act, and to operate one is a nuisance and a criminal offense. The full Opinion can be read at our Forms and Cases page: People v  McQueen – Apothecary Case.

Specifically, the “medical use” of marihuana, as defined by the MMMA, does not include patient-to-patient “sales” of marihuana, and no other provision of the MMMA can be read to permit such sales.

• July 28, 2011. A judge upheld a zoning ordinance in Livonia that prohibits a business from operating "in violation of state or federal law."  Although the ordinance does not mention medical marihuana, marihuana would be banned under this ordinance as  the possession or use of any amount of marihuana is illegal under federal law. The Judge ruled that although the Livonia ordinance is preempted (trumped) by the Michigan Medical Marihuana Act, the Act itself is preempted (trumped) by federal drug laws. Similar laws and cases are pending against the cities of Bloomfield Hills and Birmingham. An appeal is likely. 

• June 28, 2011. Michigan Attorney General Bill Shuette issued a formal Opinion about the Medical Marijuana Act. Michigan Attorney General Shuette stated that: "the joint cooperative cultivation or sharing" of marijuana plants was not allowed by the Act, because each patient's set of 12 plants must be grown in a separate, enclosed, locked facility. If you have 5 patients, you must have 5 different, "enclosed, locked facility." You can read the Opinion at our Medical Marijuana Cases page. This Opinion did not come as a surprise, as Shuette campaigned against the Act in 2008. There is a Michigan Court of Appeals case involving this same issue that is pending. This Opinion is considered advisory, but legislators and courts often look to such Opinions when making new laws or deciding cases.

• June 2011.  A circuit court ruled that a dispensary was not a "nuisance," and that the Michigan Medical Marihuana Act allowed P2P (patient to patient) transfers between registered patients and registered caregivers. However, the trial judge did NOT rule on whether dispensaries are allowed. (read the Opinion). UPDATE:  See appeals court decision listed above. It is still good to read the trial court opinion also, as it gives a reasons why P2P should  be allowed.

• February 2011. The Michigan Court of Appeals issued a ruling that overturned a circuit court opinion. The Appeals Court decided that a locked, chain link dog kennel that had been wrapped in black plastic was not "an enclosed locked facility." People v. King is a MUST read for anyone who is a patient or caregiver. The case can be read here: Marijuana Cases and Forms.

• January 2011. Law enforcement in bulletproof vests and masks raided a building and offices in Oak Park, (Oakland County, Michigan) that contained The Michigan Medical Marijuana Magazine, Big Daddy's Compassion Club, and Big Daddy's Hydro shop.

• December 5, 2010. The DEA and local police (60 cop cars) raided a commercial building in Okemos that was being leased by six medical marihuana caregivers. The feds seized all 40 marijuana plants and growing equipment.

We suppose this is as good a time as any to remind all readers that MARIHUANA IS A SCHEDULE I DRUG! and is listed right alongside heroin, LSD and ecstasy. The feds do not recognize the Michigan Medical Marihuana Act. Large grow operations that have a lot of plants and those with more than one caregiver, will likely continue to be targets, as the Obama Administration has said it will continue to go after the drug cartels and large operators who usually run large scale operations.

• November 2010. By a slim majority of 4,300 votes 50.13%), Arizona became the 15th state in the Union to allow medical marijuana to patients. Although its law is similar in many ways to that of Michigan and New Jersey, it also differs in some key provisions; Arizona's medical marijuana law sets up a statutory framework for non-profit dispensaries and a verification process. Click on the link to read some interesting facts about how Arizona treats marijuana dispensaries: Arizona Medical Marijuana Act.

• October 20, 2010. It's official. Oakland County Sheriffs' deputies created fake medical marijuana ID cards and then used the falsified cards to purchase marijuana at the dispensaries it busted in August. The county prosecutor defended the use of the phony ID cards, claiming that using the falsified marihuana ID cards was a, "legitimate way to get evidence." (Huh?)

•  September 2010. A district judge ruled that the MMMA does not preclude growing marijuana inside of a secure greenhouse. Noting that marijuana is a plant that cannot grow in the dark, the judge found it reasonable that the marijuana plants be grown outside with natural sunlight. The structure in the case was admittedly rather inadequate, in that it was a fragile two-by-four wood frame covered with opaque plastic and did not have a lock. The court determined it was "secure" in that, it was on posted private property, the plants were brought inside a locked garage at night, and there was an electric fence around the structure (although not electrified at time of the raid). Collectively, under the supervision of the defendant, these were deemed to be sufficient to be "secure."

• August 25, 2010. Medical marijuana dispensaries in Ferndale and Hillsdale (near Detroit), were raided by masked, gun-toting police officers from Oakland County. According to news reports and eyewitnesses, the "peace officers" (yes that is why we have police) stormed the facilities with rifles and guns drawn. Patients and staff were forced to lie on the ground as the ski masked police began "tearing the place apart," according to one witness. The cops seized medical records, TV's, computers, security cameras, and medical marijuana.

From the accounts, it appears as though the vice squads acted as if they were busting up a multi-billion dollar international drug cartel, not a group of average citizens trying to operate a state-legal business from a known location that local authorities are said to have toured prior to the raid. The vice squad then raided the 13 homes of the owners and workers. At last count 15 people were arrested and charged with a variety of marijuana felonies. Witnesses said the police remarked that they needed a "test case."

After the raid, the Oakland County Prosecutor joined former gubernatorial candidate Oakland County Sheriff Michael Bouchard, both of whom are elected officials, for a news conference, where she proclaimed that the MMMA does not authorize dispensaries or growing co-ops. Whether this is the correct interpretation of the Act remains to be seen. Sheriff Bouchard compared the marijuana dispensaries to an "organized crime" ring and said they are illegal.

Medical Marijuana Dispensaries in Michigan.

There has been tremendous confusion regarding marijuana dispensaries since the passage of the Michigan Medical Marijuana Act (November 2008). We have received numerous inquiries regarding whether the new law allows marijuana dispensaries. Many of the other medical marijuana states allow medical marijuana to be transferred from caregiver to patient by means of a third party dispensary, thus a California or Colorado patient can obtain their medicine from a central dispensary instead of receiving it directly from their caregiver. The dispensary operates as a marijuana "drugstore."

Numerous Michigan cities have passed local laws (ordinances) to prohibit medical marijuana dispensaries, or to limit where a caregiver can cultivate. The discussion suggests that dispensaries must be allowed by the Medical Marijuana Act, otherwise these cities and townships would not pass laws to regulate them. However, simply because city councils and the news media use the term marijuana "dispensaries' means nothing.

The Michigan Medical Marijuana Act does not Allow California Style Dispensaries.

The Michigan Medical Marihuana Act does not allow or disallow marijuana dispensaries. The Act is remarkably silent on this issue. The stated purpose of the Michigan Medical Marijuana Act is to allow access to marijuana for patients that need it, by providing protection from criminal prosecution under state law.

The Marijuana Act allows a patient to designate one caregiver to grow or obtain marijuana for them; a caregiver can have up to five qualified marijuana patients. Unlike other medical marijuana states, Michigan's law does not specify if a patient can purchase medical marijuana from a dispensary; likewise no mention is made of how the transfer from caregiver to patient should occur. Nothing in the Act allows nor prohibits a patient from obtaining their medicine from another patient or another caregiver.

The Michigan Medical Marijuana Act does prohibit certain conduct in Section 7. For example the Act prohibits smoking marijuana in public, on school grounds, etcetera. The Act also prohibits a patient or caregiver from transferring/giving marijuana to someone not authorized to use medical marijuana. Those who violate this section will have their marijuana identification cards revoked, and they can be charged with a 2-year felony. Usually, those who sell or transfer marijuana to non-patients are charged not with this section, but instead with the more serious offense of Possession of Marijuana with Intent to Deliver, a 4-year felony under traditional criminal drug laws. Section 4(k) of the Michigan Medical Marihuana Act states:

(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.

Local Laws Ban – Regulate Distribution of Marijuana.

The main concern is that marijuana grow houses and marijuana dispensaries will expand exponentially. Critics point to the proliferation and problems associated with grow houses and dispensaries in California. They fear the same thing will happen here. Many cities have passed moratoriums while they decide how they will regulate medical marijuana. Others have enacted de facto bans.

Many Michigan communities want to limit how and where medical marijuana can be grown and distributed, while others simply want to prohibit it. Cities and townships have limited power to zone – and thus control – the type of activity that occurs on land within its borders. Thus, areas are designated residential and agricultural, while others are zoned commercial for shopping malls, grocery stores, office buildings, bars, strip clubs, farms, and factories.

In July 2009, the City of Livonia, Wayne County, Michigan, passed a de facto ban on growing or selling medical marijuana within city limits. Although the ordinance does not mention marijuana, it prohibits any business from operating "in violation of state or federal law." Since marijuana remains illegal under federal law, the ordinance has the intended effect of prohibiting medical marijuana caregivers from growing or distributing within city limits. Update July 2011: a circuit judge upheld the ordinance, finding that although the ordinance directly conflicted with and thus was preempted by the Michigan Medical Marihuana Act, the Act is preempted by the Federal Controlled Substances Act, which completely bans marihuana, including medical use by doctors.

The City of Royal Oak proposed a 'pot zone' along the famous Woodward Avenue, but the proposal was later withdrawn after the chief of police protested. The City of Auburn Hills was the first to zone an area for medical marijuana growing and distribution.

The City of Grand Rapids passed an ordinance which requires that marijuana caregivers register and obtain a city-issued business license. Each grow house must obtain electrical, plumbing, and mechanical permits, spillage of artificial lighting at night is prohibited, and a caregiver's grow location must be open for warrantless inspections by city inspectors, fire department, and the police, whenever someone is home. Not surprisingly, there has been stiff opposition to this ordinance.

The City of Wyoming (Kent County) recently enacted a complete ban on dispensaries and medical marijuana. A court challenge has been filed.

It remains to be seen when the Livonia, Grand Rapids, Wyoming, and similar local laws will be challenged in court as an infringement of the Medical Marijuana Act. Absent uniform state guidelines, local laws will vary dramatically and will provide headaches for years to come.

It is Interesting to note that California's medical marijuana laws vary from county to county. The amount a patient or caregiver can possess in one county is illegal in another.

Medical Marijuana Dispensaries in Michigan.

Although the Michigan Medical Marijuana Act does not permit California type "Walgreens" dispensaries, it does not prohibit dispensaries in general. A Michigan dispensary will function differently than one in California. If for example, a caregiver wants his grow location to be private, nothing in the Michigan Medical Marijuana Act prohibits him/her from dispensing medical marijuana to a patient from an alternate location.

Similarly, the Act does not prohibit caregivers and patients from banding together to grow medical marijuana from a shared location, thus reducing costs. Such an arrangement however, is rather problematic, as a violation by one of the co-op members would taint everyone else. Each caregiver would be wise to clearly mark each pot of pot (attempt at humor) with identifying information of the caregiver and the assigned patient. There is also the problem that a large grow operation could attract the attention of the federal government, which still considers pot a Schedule I drug, alongside heroin, LSD, ecstasy, etc.  Whether the Act allows patients and caregivers to grow together under one roof is unclear from the Act (and is presently being challenged in the Michigan Court of Appeals).

The grow area must be inside an "enclosed locked facility." What this means is less than clear (but see the King Opinion). So long as the grow area is locked and secure, can it be located inside a greenhouse or a pole barn with a glass roof? What about in the middle of a field with chain link fencing and barbed wire? Only time will tell (see discussions of recent cases at top of page).

Caregivers could easily reduce costs by splitting rent and utilities at a central dispensary location, where each caregiver could dispense medical marijuana to his qualifying patients. There are presently several dispensaries that are doing this. Does a caregiver have to dispense to his patient or can another caregiver or patient dispense on his behalf? This is a key question (see below).

Marijuana dispensary opened in Ypsilanti. This dispensary is said to be a combination compassion club, senior center, coffee house, and gathering area, where medical marijuana can be smoked and transferred. There is nothing in the Act that would prohibit such a gathering area, but it remains to be seen whether it is allowable for a Walgreens' type marijuana drug store to operate as such, where any registered patient can walk in, show their ID card, and then walk out with medicine. Or must they only obtain it from their caregiver?  

UPDATE: The Michigan Court of Appeals issued an Opinion on August 23, 2011 which ruled that the MMMA does not allow patient-to-patient transfers for compensation (money), that the dispensary was a nuisance and could be closed down, and that its activities were not protected by the MMMA, meaning that the owners and members could be subject to criminal prosecution.  The 17-page Opinion can be read at our Forms and Cases page: People v  McQueen – Apothecary Case.

Get Learned, Professional Advice!

If you are considering opening a medical marijuana dispensary or thinking about leasing a warehouse or a commercial building for medical marijuana use, you should obtain advice from a knowledgeable source. There are ways you can protect yourself and better ways of operating a dispensary or a shared grow location. You may also wish to create a business entity to help with tax issues.

These are muddy waters at best. You owe it to yourself to at least be armed with the latest information, current trends, and suggestions of how to stay within the confines of state law.  This is high stakes poker: one mistake by you or one of your business associates could cost you everything you have, in addition to facing felony charges.

We are experienced and stay up to date on state medical marijuana laws and trends.

Can a Caregiver Distribute to any Patient? Can a Caregiver Share with Another Caregiver?

The law is silent as to whether a caregiver can legally distribute medicinal pot to any registered patient, or whether they are limited to providing weed to their 5 patients. Since the intent of the Act is to make medical marijuana available to qualifying patients, there is a strong argument which favors allowing a caregiver to distribute medicinal marijuana to any qualified patient.

The law is quiet on whether a caregiver can distribute marijuana to another caregiver, a patient to another patient, or a patient to a caregiver. There is nothing in the Act that allows or prohibits such transfers, so long as the transferee is eligible to use or possess medical marijuana. Again, since the intent of the Marijuana Act is to make medical marijuana available for hurting patients, it would seem that a caregiver who had plants that overproduced should be allowed to transfer it to another caregiver or patient whose efforts were unsuccessful. To require that a caregiver destroy a bountiful harvest seems counterintuitive.

We are advised that member caregivers who supply a member dispensary that dispenses medical marijuana to member patients are operational in many locations. There is nothing in the Michigan Medical Marijuana Act that prohibits or allows such a collaboration. Anyone considering this option would do well to see what issues involving a joint growing collaboration or joint dispensing location have arisen in other medical marijuana states that have older marijuana laws, and have had them tested and interpreted by the legal system.

These are uncharted waters and there are no sure answers. Until there is further guidance, it is probably wise to be as conservative as possible. Those who decide to be a pioneer and blaze a new trail must be willing to accept the inherent risks. There was a lot of heartache, suffering, and casualties on the Oregon Trail.

Drug Free 1000 Foot School Zones.

Do NOT forget that federal law has a 1000 foot, "Drug Free Zone" around schools, playgrounds, public swimming pools, and more. The distance is measured "as the crow flies." Do not make the mistake of measuring the distance using MapQuest, Google Maps, or Yahoo! Maps, as these programs measure distance using public streets and public access roads. For more information about how to correctly measure 1000 feet click here and scroll down to the bottom of the page.

The penalties are severe for federal drug crimes, including possession and manufacture of marijuana, that occur within the 1000 foot drug free zone. Marijuana remains illegal under the Federal Controlled Substances Act. The Michigan Medical Marihuana Act does NOT protect you from federal prosecution, which has severe penalties including property forfeitures.

Michigan has its own version of the 1000 foot drug free zone around schools and other public facilities. Whether or not the Michigan Medical Marijuana Act trumps the state's 1000 foot drug free zone remains to be seen…stay tuned.

> > >  Ever Wondered: How and Why Marijuana Become Illegal? Click for an informative journey.

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Michigan Marijuana Criminal Defense Lawyer.

Attorney Bruce Alan Block is a Grand Rapids, Michigan Medical Marijuana lawyer. He has spent considerable time researching medical marijuana and staying current with court decisions as new law is made. He is knowledgeable and experienced. He helps medical marijuana patients and primary caregivers assert the proper medical marijuana defenses in court. He consults with those wishing to stay within the constraints of the state law. 

Marijuana Lawyer Bruce Alan Block handles cases where clients are accused of possession of marijuana, manufacture of marijuana, delivery of marijuana, possession with intent to deliver marijuana, use of marijuana, and maintaining a drug house. If you have been arrested or accused of a marijuana crime, put his experience to work for you. Call (616) 458-8585.

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.