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Medical Marijuana law in Michigan

2 criminal defense attorneys share the current state of the medical marijuana law in Michigan, as well as proposed changes in the law.

By:  Lori T. Williams, Owner/Managing Attorney of Your Legal Resource, PLLC

Attorney Kristin Stone hosted a 2 part segment of a talk show called Legally Speaking, on the topic of Medical Marijuana in Michigan, featuring Criminal Defense Attorney Matt Abel and City Attorney Don DeNault. Click here to watch part 1 of the video.  Part 2 of the video has not yet aired, but is expected to be posted in the next few weeks. Watch our comments section for an update.

The Michigan Medical Marihuana Act (MMA) is codified at MCL 333.26424.  It provides that a qualifying patient who has been issued and possesses a registry identification card is not 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 compliance with the Act.

Stone advises that anyone interested in obtaining a registry identification card first consult with an attorney about their rights and responsibilities pursuant to the Act.  ”The medical marijuana law is complex and unsettled and most attorneys don’t even understand the law.” Currently, the law is under review in the Court of Appeals.  Additionally, there is a statewide campaign to legalize marijuana.  To find out more and to information on how to sign the petition, go to https://help.repealtoday.org/.

Stone  is a 10 year attorney who practices criminal defense law and family law. She is the owner of the Stone Law Firm, with offices in Shelby Township and Royal Oak, MI.  For more information, visit her website.

Attorney  Lisa Schmidt of Ferndale, MI provides a thorough synopsis of the current medical marijuana laws in Michigan in a recent blog. Additionally, Schmidt summarizes the numerous bills pending on the subject in a subsequent blog.

Schmidt notes that one of the pending bills had the intention of  ”eliminating so-called marijuana certification clinics, where doctors perform cursory evaluations before signing the written certifications necessary to obtain an MMMA ID card.” While the goal of the bill is to require an on-going doctor-patient relationship behind the certification, Schmidt points out the impracticality in the application of the bill. “Due to the fact that many medical malpractice insurance companies will not allow their doctors to sign these written certifications, the effect of such a bill would be to greatly increase the difficulty of receiving the state-mandated authorization for medical marijuana treatment.”

Schmidt located her practice to Ferndale in 2011, after practicing family and criminal law in Berrien County her first year out of law school. Schmidt continues to focus on criminal and family law matters in her current practice.  For more information, visit her website.

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Lori T. Williams is a 23 year attorney based in Birmingham, MI. She owns a legal referral and legal consulting business called Your Legal Resource, PLLC. She assists individuals and small businesses in need of legal advice or representation by connecting them with the right legal specialist for their situation. She also provides consulting services for attorneys and other professional service providers on how to generate more business through effective branding, marketing, networking, and by creating strategic partnerships. For more information, visit www.bestlegalresource.com.

This post is contributed by a community member. The views expressed in this blog are those of the author and do not necessarily reflect those of Patch Media Corporation. Everyone is welcome to submit a post to Patch. If you'd like to post a blog, go here to get started.

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