Medical Marijuana Blog Q & A- Michigan Marijuana Lawyer

Answer. You do not have to let the gas company into your home or basement. You never have to let anyone into your castle (home) without a warrant. However, if you refuse them entry, you run the risk that they may shut off the gas service to your house, as they might claim the lines inside your home are unsafe (because you refused to let them inside to inspect or upgrade).

Answer. Yes. Section 7 of the MMMA requires that you not smoke marijuana in a "public place." Certainly a garage qualifies as a private place. The person smoking marijuana with their card is immune under state law from arrest, prosecution, etc. The only problem might be a "helpful" neighbor who calls the cops because they smell marijuana. However, so long as the person without the medical marijuana card is not smoking nor possessing anything illegal, (i.e. marijuana), they are immune from prosecution under Section 4(j). Mere presence is not a crime and is specifically protected under the medical marijuana act.

Answer. Yes, you are within the Michigan marijuana law to medicate in the garage. Section 7 of the MMMA requires that you not smoke marijuana in a "public place." Certainly your garage qualifies as a private place. You are also smart to not expose the children, as that will bring troubles with CPS. You could try to put in a bathroom fan exhaust tube that would vent the smoke out the top or side wall of garage so it would hopefully pass over your neighbor's house. There are also carbon scrubbers that would probably scrub the smell. Ultimately, you are within your rights under the MMMA to medicate in the garage. The neighbor cannot force you to stop, but similarly, there is nothing you can do to prevent the neighbor from calling CPS and the police.

Answer. The general rule for alcohol and schools/churches is 500 feet (measured by the centerline of the roads between them - NOT as the crow flies). However, this statewide rule does NOT apply if the merchant is only selling bottled alcohol to be consumed elsewhere. I.e., a bar cannot open within 500 feet, but a convenience store or gas station can.

Marihuana is a bit more challenging, as unlike alcohol, there is no general statewide distance rule. Instead, the measured distance (or lack thereof) is set by each local unit of government. The local municipality and its enabling ordinances, pursuant to the Michigan Marihuana Facilities Licensing Act (MMFLA), will determine how close a licensed marijuana establishment can be located from a church or school. For example, Detroit enacted an ordinance that required a dispensary be 1000 feet away from another dispensary, a church or a school. This was reduced to 500 feet by the voters in November 2017 (however, the voter-enacted ordinances were recently (Feb, 2018) thrown out by a Judge). Some cities and municipalities may not have one, as the MMFLA itself does not have a distance requirement. You would need to go to your local zoning and township governing body that authorized the dispensary, and find out if your city/village/township has a distance requirement between a dispensaries, marijuana grow facilities, and churches/schools.

Answer. The short answer is no, not without a search warrant. Consent to search is the way that police bypass the warrant requirement. The police come and knock on your door and request your permission (consent) to enter your home. If consent is refused, the law says they must leave. Be aware that anyone that lives in the home can give consent, such as your wife, girlfriend/boyfriend, or children.

Answer. The short answer is no. If he/she allows a third party to assist them in harvesting, your caregiver is nullifying his Section 4 immunity from prosecution. The state courts have determined that only the caregiver can access, care for, and harvest the plants.

Answer: The State is prohibited from revoking your license or subjecting you to discipline simply because you were issued a medical marihuana patient card (whether you use marihuana or not). Section 4 of the MMMA provides that a patient shall not be subject to "arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau for the medical use of marihuana in accordance with this act..." In other words, the fact that you have a card and use marijuana medicinally should not have any effect on your daycare license. The State will not automatically revoke your daycare license - they are prohibited from doing so. The State will step in if your medical use harms or even has the potential to harm the children under your care. The marijuana smell is rather pervasive. The general consensus is that children should not be exposed to marijuana at all - ever..

Answer. Unfortunately, I think your condominium's rules trump your ability to use. Remember, the MMMA card only protects you from arrest, prosecution, and discipline from state government - not private entities. This is the reason why private employers can fire employees who test positive for THC, even though the employee had a valid medical marijuana card. I believe that the condo association rules can prohibit smoking of anything, including marijuana, without running afoul of the medical marihuana act. Your remedy is to either change the condo rules or move somewhere else.

Answer. Nothing in the Michigan Medical Marihuana Act requires that you put a notice or any other type of paperwork on the door that leads to your grow room. The legal requirements are that the door always be locked and that only YOU have access to the medical marijuana plants. No one else can ever go in there for any reason. However, many patients and caregivers choose to put a photocopy of their medical marijuana card on the door just in case the cops would somehow gain entry to the house and search it when you are not home. This most often happens when the police perform a "knock and talk" at a home and someone at the house lets them in. The photocopy of your card on the door would alert the cops that you were a registered patient and thus state-authorized to possess up to 12 plants and 2.5 ounces.

Answer. A doctor cannot write a prescription for marijuana. Marijuana is on Schedule I of the Federal Controlled Substances Act. Substances on Schedule I cannot be prescribed to anyone, ever. Thus, a doctor cannot write a prescription for medical marijuana. When you applied for your medical marijuana state ID card, you saw a doctor who signed a recommendation that you be allowed to use medical cannabis under state law. The certification was only a doctor's recommendation - NOT a prescription. This is how a judge can order that you not use marijuana while on bond (or probation). Similarly, a judge can order that you not use alcohol or other drugs (legal or illegal) unless you have a prescription. If your medical conditions are severe, your lawyer can prepare a petition (also called a motion) and ask that you be allowed to use medical marijuana while on bond or probation, which we have seen granted. Typically, you will need a well written letter from the certifying doctor that explains your serious medical conditions and why you need marijuana to treat them..

The answer is: it depends on your judge. The Michigan Court of Appeals in January 2017 ruled that a judge can prohibit a probationer from using medical marihuana while on probation even though they had a medical marijuana ID card issued by the state. However, we have handled many cases where judges have allowed a probationer to use medical marijuana on probation. Most courts will require a letter from your primary doctor explaining why your continued use is necessary. The general policy, in most courts where we practice, seems to be against allowing use of marijuana while on probation, absent special permission. In courts where it is automatically prohibited, you would need to file a special petition and have a hearing and ask your sentencing judge for permission to use.

Yes. Registered medical marijuana patients and their registered caregivers will be able to purchase marijuana from the new provisioning centers. They will be the only ones who are allowed to purchase marijuana. Their state-issued LARA ID cards will be scanned and verified through the yet-to-be-created Internet verification system prior to any sale. Caregivers will be allowed to either grow marijuana plants under the Medical Act for their patients OR they will be allowed to obtain medical cannabis for their patients at one of the yet-to-be-licensed dispensaries.

This question comes up a lot. As you can read further below, the MMMA does not allow you to store excess for later use, which runs counter to logic and farming practice. The answer to your question is: I think so. Remember the definition of "usable marijuana" under the MMMA provides that only DRY leaves and bud count towards the Section 4 limit of 2.5 ounces. So, in theory anyway, if the marijuana in your freezer was still "wet" (albeit in a frozen state) then it would not be "dry" and should not be counted towards the 2.5 ounce limit. The problem of course, is that the person that will make this determination is an on-the-scene police officer with little or no training on the medical marihuana act or marijuana cultivation. I suspect the police officer would ignore the fact it was frozen wet (and thus should still be considered wet), and would instead determine you were over your limit. Your attorney could argue the wet-dry issue, but attorneys cost money. You would of course also be able to assert a Section 8 defense in this scenario, as the only limit on quantity for Section 8 purposes is that the amount must be reasonable. If you are going to go down this road of freezing wet marijuana for later thaw and drying, you should make sure you have a solid medical doctor that has certified you, the kind that will come to a court of law and testify on your behalf at a Section 8 hearing. You would also be wise to be ready and able to quantitatively demonstrate how much you use a week, how much you lose to evaporation during the drying process, and be sure that the amount that is frozen computes to the amount you would need until the next harvest.

House Bill 4210 takes effect on December 20, 2016, and amends the MMMA to protect oils and edibles under Section 4 immunity. This is a MAJOR change in the law, as edibles and oils and the like were not protected by your state-ID card following a court of appeals opinion in People v Carruthers (July 2013). The 2016 amendment to the MMMA now defines "usable marihuana" as: "the dried leaves, flowers, plant resin, or extract of the marihuana plant. . . ." There is also a new definition of a "marihuana infused product" and an equivalency chart: one pound of a marihuana-infused product (i.e. brownies) equals one ounce of usable marijuana, 36 fluid ounces of a marihuana infused liquid (i.e. Simpsons Oil) equals one ounce of usable marijuana.

There are lengthy and onerous requirements for transporting marihuana oils, edibles, and marijuana infused products. You should consult the amended medical marihuana act to determine the transport requirements (follow link below, read Section 4b). Simply locking marijuana infused products in the trunk is not good enough. The amended law requires you to have a label on the marijuana-infused product that details total weight, manufacture's name, date of manufacture, name of person that gave you the product, and date you received it. The list is more extensive for caregivers.

Nothing. Nothing will change for caregivers who operate under the protection of the Michigan Medical Marihuana Act. Here is what will happen. The recent package of laws will create a new seed-to-sale network that will operate independently and outside of the MMMA. Patients and their designated caregivers will still have to qualify and register with the state just like they do now. The new dispensary laws will not get rid of existing caregivers or the 5-1 patient ratio. The major change is that registered patients (and their registered caregivers) will be able to purchase medical marijuana from state-licensed dispensaries (who will be supplied by state-licensed grow facilities). What this means, is that medical marijuana will be much more readily available to a much larger number of patients. As a practical matter, the number of caregivers might decrease simply because of the greater availability of ready-to-use marijuana at storefronts much closer to home.

The Michigan Medical Marihuana Act was amended by House Bill 4210 that will be effective December 20, 2016. The new definition provides that a "plant" is a living organism that has an observable root system OR a cutting that is in a growth medium, such as water or soil. Under this new definition, a cutting would be considered a plant the moment you put it into water or soil. In contrast, stalks that have been cut from a mother plant are NOT plants - so long as the stalk does not have roots and it is NOT in a growth medium. These clippings are still considered to be part of the mother plant and their weight is not counted under the MMMA until the leaves and flowers are dry.

The general rule for drying time is 5 - 7 days according to a state expert that testified at a hearing we held. There is no provision in the medical act to allow additional time for curing or trimming. Once dry, the leaves and flowers count towards the 2.5 ounce per patient limitation. The Michigan Court of Appeals just ruled (January 2016) that product that had been put through a drying machine for four days was dry and thus, was "usable marihuana." In our opinion, if product is dry to the touch - the police will consider it "usable."

Yes. Section 7(c) states: "Nothing in this act shall be construed to require. . . .An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana." You may remember the exemplary, paralyzed employee who was fired from WalMart for a positive drug screen. The case went to the Sixth Circuit Federal Court of Appeals, which decided that the MMMA does NOT regulate private employment. Read the court Opinion for a more detailed explanation. casias-v-walmart-sixth-circuit.

No. A recent Court of Appeals opinion determined that smoking inside a car that is on the road or parked in an area generally open to the public, such as the parking lot of a private business, is still considered "public" and smoking marijuana in public is one of the prohibited acts contained in Section 7(b) of the Act. There is zero protection under the Act for smoking marijuana in public, whether inside a car or not. I suppose you could smoke in your car if it is parked inside your garage or in your backyard, as these areas are no considered "public," but this is not recommended, as a car that smells like marijuana is an open invitation for a police officer who stops you for speeding or other traffic infraction to conduct a warrantless search of you and your car.

There is nothing in the MMMA that prohibits you from acting as your wife's designated, registered caregiver. Of course, any plants you cultivate for her must be in an enclosed, locked facility that she has NO ACCESS to. No hidden keys, no access at all. Your wife should keep her medical cannabis locked up in such a way that you have NO ACCESS to it. Same goes for you. Any medical marihuana that is drying or curing or finished should be kept locked up in your secure room until you actually give it to her (not more than 2.5 ounces at a time) and then she would need to lock it up away from you. You can possess 2.5 ounces for her and she can possess an additional 2.5 ounces. I know the "locking it up" part probably sounds strange, as any medications you get from a pharmacy do not have these restrictions. However, this is the law as it relates to medical marijuana under state law - even though you are married and live in the same house. You would do well to read the full medical marihuana act (especially the 2016 changes that will be effective in December 2016) and the information contained in this blog and other pages on this website to keep yourselves in compliance at all times.

Yes. We have actually handled cases of persons who have been charged for marijuana crumbs on the floor of their car, marijuana residue out of a pipe, we even had one client charged for possession of marijuana because he had a partial flake of a leaf on his sweater. If there is enough marijuana to test, you will likely be charged as the police seem to look for any excuse. You should have your car thoroughly vacuumed and cleaned so that there are no "crumbs," and more importantly, so that it does not smell of marijuana. A cop that stops you for a minor driving offense will use the smell of marijuana as a pretext to search you and your car without a warrant.

The fact that you are manufacturing medical marijuana in a locked room in your garage should not automatically make your house unsafe for the child(ren).The Medical Act specifically prohibits a restraint on custody or parenting time in Section 4(c) unless the behavior of the parents (or household members) creates an unreasonable risk of danger to the children who reside in the home that can be clearly shown. You should be aware that there have been highly publicized cases where children were removed from homes. For the most part, so long as the room is always locked and the children have absolutely no access to the plants or product should not impact your parenting rights. The children should also not be exposed to marijuana smoke at any time.

Use common sense. Children should NEVER be exposed to any aspect, whether cultivating or medicating. Don't let them anywhere near the medical marijuana. The grow room should always be locked, secured, and preferably, the kids should not even know it exists.

MMMA cards cannot be issued to someone under the age of 18 UNLESS, (a) your doctor has explained the potential risks and benefits to you and your legal guardian(s); (b) you must obtain written medical marijuana certifications from two (2) Michigan licensed doctors; and (c) a parent or legal guardian must agree to serve as your registered primary caregiver and control the acquisition, dosage, and frequency of use of the medical marijuana.

In order for your MMA card to be valid, you are required by the Medical Act to be a resident of Michigan. Non-resident patients are not eligible to obtain a Michigan MMMA card. If you move to a different state that does not have a medical marijuana program, your Michigan card will be useless and provide no protections. If you move to a state that has a medical marijuana program, you should immediately apply for and receive a card from the new state of residence. A person's residency is usually decided by the following factors: what state issued your driver's license or ID card, in what state are you registered to vote, in what state do you own a house (or property), and most importantly in what state do you live a majority of the year.

Possessing an MMMA card might give you some protection, although the card does not guaranty you won't be prosecuted. As you can see from my answer to the next question, you really should not have any access to the plants at all for any reason, even to help harvest. We have seen patients who happened to be present at a grow facility trimming or tending plants charged under the criminal statutes because by being present they "possessed" the marijuana plants and product and their card did not provide immunity for them.

No. The MMMA has been interpreted by Michigan courts to only permit one (1) person to have access to the plants - ever. Either the patient OR the patient's caregiver can have access to the plants. The patient cannot help "trim" nor be in the same room as the plants, as the patient would then be deemed to legally "possess" them and thus he and the caregiver would both be outside the protection of the immunity provisions of the MMMA. You might still be able to raise an affirmative defense under Section 8 of the Act.

Yes. Patients will be able to obtain medical marihuana from either their caregiver or one of the new provisioning centers. Caregivers will also be able to obtain marijuana for their patients from the new dispensaries. Patients can also elect to not designate a caregiver but instead grow marijuana for themselves. Either way, a patient and their caregiver will be eligible to be supplied by the new state authorized dispensaries.

Most cops and prosecutors (the ones who decide to arrest and prosecute you) would say that no one, repeat, NO ONE except THE designated caregiver is allowed to access the plants or assist with harvesting. Ever. Period. The fact the caregiver has more than one patient does not change the answer. If you decide to assist, we suggest that the designated caregiver always be physically present in the room and in control of the plants and product. If he has to take a restroom break, then he locks up the room and all the product until he is done.

Yes, so long as your ability to drive is not actually impaired by the THC. In a unanimous 7-0 decision, the Michigan Supreme Court ruled that the Medical Marijuana Act superseded the state's zero tolerance law. Prior to this decision, the presence of any amount of active THC would routinely lead to a drunk (drugged - OUID) driving conviction based on a lab test.

Prosecutors must now prove some type of actual impairment (i.e. weaving, erratic driving, excessive speed, etc), just as they would with any other prescription drug. Less clear is what happens in the context of a Section 8 patient (not registered) who meets all of the affirmative defense criteria. One assumes the driver would have to first make a Section 8 showing, and then the burden of proving an actual impairment would shift to the state.

If you are not a medical marijuana patient, driving with any amount of active THC in your body can, and routinely does, lead to a DUID conviction for driving with the presence of illegal drugs. The zero tolerance standard means zero. Any amount of active THC is enough to convict you.

The Michigan Supreme Court ruled that transfers between registered patients, whether compensated or not, are not allowed. A recent Court of Appeals decision (2016) ruled that there cannot be any transfers by a patient or caregiver to anyone. The only transfers allowed by the MMMA is when a caregiver transfers marijuana to one of their patients. Section 4 immunity doesn't apply "because the transferor is not engaging in conduct related to marijuana for the purpose of relieving the transferor's own condition or symptoms." A transfer between a Section 4 to a Section 8 patient or a Section 8 to a 8 patients is another question, which would require a long legal analysis.

The Act does not set a limit on how many unofficial caregivers a patient can have. Section 6 of the MMMA sets a limit of 5 registered patients per registered caregiver. However, it is not known whether a patient can obtain medicine from a different caregiver, particularly where they are traveling out of state or should their caregiver be unable to provide their medicine. Logic would suggest the patient should be allowed to procure it anywhere - so long as they stay within the 2.5 ounce limitation.

Michigan law does not distinguish 'possession' versus 'storage'. Whatever is stored by a caregiver or patient is "possessed." There is no allowance for storage or stockpiling in case of a disruption in production. If you are over the Section 4 limit - you will be arrested, charged, and have to present a Section 8 defense.

The Act specifically prohibits a restraint on custody or parenting time in Section 4(c) unless the behavior of the parents (or household members) creates an unreasonable risk of danger to the minor that can be clearly shown. There have been highly publicized cases where children were removed from homes. The law is simply unsettled. The fact that you possess and use medical marijuana should not automatically make your house unsafe for the children.

Use common sense. Medicate outside or in a well-vented room so his children are never exposed. Don't let the kids anywhere near the medical marijuana. Any grow room should be locked, secured, and the kids should not even know it exists. You may want to contact an attorney in your county.

You are right to be scared, as we know many stories of this happening. As soon as the police smell (or think they smell) marijuana, most police officers think this is an open invitation to forcibly push their way into your home without a warrant.

The best advice? Never open the door. If you cannot resist the urge to talk - most people can't - then open a window. Tell them to go away. If the cops force their way inside your home, do NOT resist, this will only make things worse. Remember they have guns and presumed authority. You can always file suit against them for trespass or a Section 1983 lawsuit after the fact. Repeatedly tell them you are a patient/caregiver as you are handcuffed. Have the card in your pocket or in your hand if you cannot resist the urge to open the door. Best practice is to not talk at all about anything. Zip the lip.

We have witnessed vice officers testify in court that once the door was opened and they smelled a "strong odor of marijuana" they believed they could forcibly enter the house, sans warrant, over the homeowner's vehement objection to "preserve evidence." Remember, the police cannot lookup your address ahead of time to see if you are a patient or caregiver. When in doubt - don't open the door. Your home is your castle...keep the entrance secured.

Federal Law. Neither a patient nor a caregiver can distribute or grow marihuana within the federal 1000-foot Drug Free School Zone. Remember that Federal law does not recognize medical marijuana and the Michigan Medical Marihuana Act does not protect you from federal prosecution. If you live within 1000 feet (as the crow flies) of a daycare facility or school you can be charged with a sentence enhancement by the federal government if you are prosecuted.

State Law. Michigan criminal law has a 500 foot drug free zone. However, the 500 foot statute explicitly exempts marijuana. If the substance is not marijuana and you own, possess, or use (or allow someone to use) a vehicle, building, structure, place, or area to manufacture a controlled substance other than marijuana (i.e., meth) you can be charged with a 10 year felony. If the manufacture occurs in the home of a minor or in the presence of a minor, it is a 20 year felony and/or a $100,000 fine. If the manufacturing location is within 500 feet of a home, business, school property, or church, it is a 20 year felony. Most likely you will be ok if you stay within the limits of the Michigan Medical Marihuana Act. It is not a crime per se (under state law) to manufacture marijuana in a school zone IF you have a card AND you are following the confines of the Medical Marihuana Act. .

There is no requirement that a patient or caregiver grow plants at their home. Where you grow is only limited by local zoning laws and the requirements that plants be grown in "an enclosed, locked facility" that is accessible only by the caregiver OR the patient.

The Act does not require that private employers allow an employee to use medical marihuana on or off the job. A private employer can fire anyone for failing a drug screen, so long as they treat all employees the same. If you are fired solely because of failing a drug screen you can still obtain unemployment benefits.



Wal-Mart's zero tolerance drug policy led to the firing of a handicapped, model, employee of the year. He used medical marijuana to control his muscle spasms and cancer. Wal-Mart was not unsympathetic and received a lot of bad publicity over the firing, however, they had a zero tolerance drug policy. Their actions were upheld by the Sixth Circuit Federal Court of Appeals. The actual language says: "Nothing in this act shall be construed to require. . . .An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana (Section 7(c))."

An employer is not required to fire an employee who tests positive for THC. Unless your employer is voluntarily willing to accommodate the fact you are a patient who uses marijuana, you may have to choose between your job or your medicine. You may want to take your medical records, doctor recommendation, and marijuana ID card to your employer and plead your case:

I am a licensed medical user, and am using this as medicine to control my pain. I am 100% willing to stop if you require it; but, I would much rather use medical marijuana because its side effects are minimal and it really helps. I hate narcotic pain meds because they make me drowsy. Marijuana it is not addictive and does not dull my senses like other pain killers. I will only use at night and weekends and... (add more here).

Section 7 of the Act contains restrictions on where medical marihuana may be used or smoked. You cannot smoke marihuana on any public transportation or in any public place. The Court of Appeals ruled in 2016 that smoking inside your car if it is in a public road, public place (i.e., a park), or other area readily accessible to the public (such as the parking lot of a private business) is a "public place" and is prohibited. The best place would probably be on private property, somewhere you will not bother others.

We are not aware of a state law the neighbor is violating. Your concern is understandable, as children should not be exposed to any type of second hand smoke. This would be an issue to take up with the apartment complex. What are their rules for smoking cigarettes? You would do well to read your lease agreement and discuss the issue with management.​ You might want to try to discuss it with the neighbor and figure out a mutually acceptable solution.

Your job can fire you for using medical marijuana or testing positive even if you have a medical marihuana card. This is because marijuana is still a Schedule 1 drug and doctors cannot write prescriptions for marihuana. A doctor can only give you a "recommendation" that you use to obtain the state medical card, but the recommendation does NOT qualify as a prescription. In contrast, Vicodin and Xanax are substances that doctors can prescribe, and thus they would not be "illegal" to use or possess (unless of course the individual did not have a prescription). In addition, private employers are not bound by the terms of the medical marihuana act, its protections only apply to the state government or a state employer.

Yes. The Medical Act specifically recognizes that a medical marijuana card or its equivalent from another state has the same force and effect as if it were a Michigan MMMA card. Your relative will have to abide by all of the same rules that apply to a Michigan patient, such as where the cannabis can be used, allowable quantities, and method of transport. The relative should read the MMMA Act, as they are subject to it. Whether a dispensary will transact with your relative with an out-of-state card would depend on the dispensary. There is no requirement that dispensaries transact with anyone - ever. In fact the legality of such dispensaries has yet to be decided in this state.

The MMMA provides protection for those who are in the presence or vicinity of a registered patient who is medically using cannabis (which would include growing it). This protection is contained in MCL 333.26424(h). You should have absolutely no access to the plants being grown or to the marijuana unless it is in the actual process of being medically used (i.e. smoked, vaporized, etc.). Your spouse can ingest in your presence and you should be protected, but at all other times the medicine should be locked up, the plants inside a securely locked room to which you have zero access.

The Michigan Supreme Court ruled that the Medical Marijuana Act does NOT allow collective growing by more than one person in People v Bylsma. The rationale given was that all 5 caregivers would legally "possess" all of the marijuana plants being grown because they have access to the plants of everyone. The fact that cities are granting licenses to do so does not make such a grow operation legal. The only way to not run afoul of the MMMA would be for each caregiver to have their plants completely separate inside an enclosed, locked room inaccessible to anyone else. The Michigan Legislature recently passed HB 4209 that will allow state-licensed grow facilities to cultivate up to 500, 1000, and 1500 plants. The law becomes effective on December 20, 2016.

Yes, the hospital can test your baby for marijuana. It is a little known fact that the State requires that all newborn babies be screened for 50+ rare diseases and genetic disorders, including hearing, without your permission or knowledge. According to various sources, tests for illegal drugs are not standard nor required, but can be requested by a nurse or doctor who suspects the mother was abusing drugs during her pregnancy. If the baby tests positive, the hospital will contact CPS and cause you heartache. To avoid problems, your pregnant wife should not be using marijuana or illegal drugs until after the baby is born and she is no longer breastfeeding.

The medical marihuana act allows you to grow in separate areas, so long as your total plant count does not exceed the total you are allowed. Make sure you carefully read the requirements for outside growing. (Section 3(d)). If you have an MMMA card and no caregiver, you are already state-authorized to grow up to 12 plants and to medicate yourself. You do not need a special license to smoke.

I do not think you will be charged. In general, a person is not responsible for the actions of others. Also, the MMMA does not require that you investigate and ensure your caregiver is following the letter of the law. If YOU are in compliance with the medical marijuana act then YOU are immune from prosecution. There are, of course, cases we have handled where the cops busted a caregiver and then went to each patients' house, but that is the exception. The cops do not usually go after a caregiver's patients based on a caregiver's mistake.

There is little constitutional protection in a car. Given the controversial nature of medical marijuana and marihuana in general, I am not sure why you would volunteer that you had pot in your trunk and a medical marijuana card. Usually, a police officer needs a warrant or your consent to search a trunk. What you do in this type of situation is make a judgment call. The problem with marijuana is no matter how much you THINK you are following the letter of the law, the law is subject to misinterpretation. Police officers have a lot of power, plus they have a badge and a gun. It may make sense to voluntarily open the trunk and show the officer - to avoid being detained on the side of the road for an hour or two while he gets a drug dog and a warrant. There is no requirement that the case be "locked," although most of the cops think so. I routinely advise people to use a locking box just to avoid aggravation. There is no law that requires you to show a cop your medical marijuana.

I am not aware of a state law that would allow a probation department to prevent you from renewing your MMMA card. Likewise, unless your judgment of sentence and terms of probation specifically prohibit you from renewing your card, renewing it should not be a probation violation. They can, of course, prevent you from using medical marijuana while on probation.

It should be sufficient to put a roof on each of the rooms using some type of material such as chain link or the less expensive metal fencing often used on farms. I would not suggest plastic or plastic fencing. This way, air can circulate and moisture maintained without sealing each individual room. What you want to avoid it a situation where a police officer could argue that the room was not properly "locked and enclosed" as it did not have a ceiling on it. Whatever material you use for the ceiling, it should be permanently affixed to the walls with nails or screws.

It is a risk-benefit assessment: is the risk worth the gain? My experience suggests there is very low risk for those, like your daughter, who have a small personal-use stash and a medical reason. The manufacturers, growers, and caregivers who make transfers run into the most legal trouble. Should you decide to pursue this treatment route, only the daughter should have access to the medical marijuana. She must stay under the allowable 2.5 ounces at all times, and transport it properly inside a case in the trunk of the vehicle. She should figure out an alternative to smoking it (to avoid inhaling hundreds of carcinogens) and not expose the rest of you to the odor. She must keep it locked up all the time when it is in the house. Only she can access it. No sharing with curious siblings or friends from school. If she does these things the risk is very low for her and the family.

Yes, you will be allowed to remain a caregiver as the Maintaining a Drug House charge is classified as a "misdemeanor" under Michigan law. However, you should be aware that this offense may be treated as a felony in other states and by the federal government, as they are not bound by Michigan's "misdemeanor" classification system. In general, any offense punishable by more than a year incarceration is considered a felony.

It would not be a violation of your state-probation to obtain a medical marijuana card. Whether you are allowed to use medical marijuana is up to the sentencing judge in your case. Some judges allow patients to use medical marihuana while others strictly prohibit it and would automatically consider it a probation violation if you tested positive.

There is no minimum age for children to be medical cannabis patients. However, the MMMA requires that a child under age 18 have written certifications from two different doctors, and one of the child's parents must be the child's caregiver and control the acquisition, administration, amount, and frequency of dosage.

There is nothing in the MMMA that would prevent you from living in a house that has a medical grow in it. Of course, the grow area must be locked at all times and you should not have any access to it whatsoever, e.g., no hidden keys. So long as you have zero ability to access the grow area, neither you nor the caregiver would be violating the Michigan Medical Marijuana Act.

A patient can only have one (1) registered caregiver under the state-registered medical card program. Whether a patient can also have an additional Section 8 (non-registered) caregiver is an issue that will have to be decided by the Michigan Supreme Court. There is nothing in the plain language of the Act that would prohibit a patient from having a Section 4 caregiver and one or more Section 8 unregistered caregivers.

It should not make a difference. However, the minor should apply for her adult card, as the MMMA requires that the minor's parent be the minor's primary caregiver and control the acquisition, dosage, and frequency of use of medical marijuana.

No. There are no "compliance officers" under the MMMA. However, if you do not allow them to inspect your grow room, the cops might prohibit you from reentering your home and seek and obtain a search warrant. Best practice: Don't Open the Door.

Your question typifies the confusion patients and caregivers have understanding the Act and how the legal system has tortured it. The courts have determined the MMMA is a "narrow exception" to existing criminal prohibitions. Their logic is, that unless the MMMA explicitly says you can - then you cannot. Existing criminal laws prohibit any possession, cultivation, or use of marijuana. So, unless the exception (the MMMA) explicitly says "you can transfer overages to a dispensary," or to a patient or a caregiver - then you cannot (because to do so is illegal under drug laws). You are correct there is no language in the MMMA that prohibits such transfers. The important point here though, is that the court system has decided nothing in the Act explicitly allows such transfers. The dispensaries that receive and transfer marijuana are operating in a shadow area of the law, and the "legality" of their operation depends on where they are located. The legal system has already determined that dispensaries and transfers between patients are illegal. The dispensaries that are still operating are doing so in counties where the sheriff and prosecutor have turned a blind eye to their operation. For example, dispensaries in Kent County have been routinely raided, shut down, and the operators charged with marijuana felonies. That same dispensary would have likely been allowed to continue operating in a different county...

Yes you would be allowed by the MMMA to cultivate up to 12 plants for your medical needs. A felony conviction only prevents you from being a caregiver, as a caregiver cannot have had a felony conviction for the last 10 years, and never have had one for a drug or assaultive type crime.

Section 4 of the Michigan Medical Marihuana Law does not allow you to possess more than 2.5 ounces at a time - ever. You cannot stockpile it nor give away nor sell it. This of course runs contrary to common sense and logic. Either you keep it and risk being in violation of Section 4's immunity or I suppose the other option is to destroy it. If you decide to keep it, you would not have immunity but you could raise the medical defense found in Section 8 of the MMMA.

That is one scenario where you could use the Section 8 defense. But there are many other times when Section 8 can be used. For example, suppose you are caught with more than 2 1/2 ounces, or caught with a joint and had never registered with the State. You could bring a Section 8 defense in both of these examples as well.

She can grow at your house with immunity under section 4 of the MMMA only if you are her designated caregiver OR the room in your house where her plants are cultivated is locked and secure and only she can access it. You can have zero, zilch access to them, as any joint access destroys immunity for both of you (People v Bylsma). There is no requirement that she live at the location where she is cultivating her plants. As a practical matter, the cops won't ever believe you cannot access the plants if they are located in your house. I think her designating you as her caregiver is probably the preferred approach.

There is no such thing as guaranteed privacy in this digital age. However, an employer should not be able to find your medical marihuana card or know it exists. The information is supposed to be private and accessible to anyone except the police and the State of Michigan. HIPAA laws should protect your medical records from potential employers as well. So, there is no guaranty, but the likelihood I think is low.

You can grow from one location, but you each must have separate, locked rooms in order to be immune from prosecution. Any joint access to eachother's plants destroys immunity for both of you (People v Bylsma).