If you are a medical marihuana patient or caregiver, the attorneys at LEWIS & DICKSTEIN, P.L.L.C. are skilled Michigan criminal defense attorneys
who are able to aggressively defend you if you have been charged with violating the Michigan Medical Marihuana Act. There are currently changes being made to the act that you may not be aware of.
On December 28, 2012, Governor Snyder approved changes to Michigan’s medical marihuana law. These bills will amend the Michigan Medical Marihuana Act. Below is a list of changes that will take effect in 2013.
House Bill 4851
Added the definition “bona fide physician-patient relationship”.
In the definition of “enclosed, locked facility” (where a qualifying patient or primary caregiver may keep cultivated marihuana plants), specify conditions for plants grown outdoors and include situations in which a vehicle could be an enclosed, locked facility.
Revised the definition of “primary caregiver” to refer to a person who had not been convicted of a felony within the past 10 years and had never been convicted of an “assaultive crime” as defined in a section of the Code of Criminal Procedure(MCL 770.9a).
Require a qualifying patient or primary caregiver to present both his or her registry identification card and a valid driverlicense or government-issued photo ID card, in order to be protected from arrest.
House Bill 4834
Requires a driver’s license or a state ID card in order to obtain a medical marijuana patient registration card.
Require the Department of Licensing and Regulatory Affairs (LARA) to issue a registry ID card within five business days of approving an application or renewal (rather than within five days.)
Provide that a registry ID card would expire two years, rather than one year, after it was issued.
Authorize LARA to contract with a private entity to assist the department in processing and issuing registry ID cards.
Require LARA, within six months after the bill’s effective date,to establish a review panel that would review petitions to approve medical conditions or treatments for addition to the Act’s list of debilitating medical conditions for which a qualifying patient may be issued a registry ID card.
Require the review panel to meet at least twice per year to review and make recommendations to LARA concerning any submitted petitions that were completed and included documentation required by administrative rule.
Require a majority of the review panel members to be licensed physicians.
Create the “Michigan Medical Marihuana Fund” and require all fees collected under the Act to be deposited into the Fund.
Require LARA to spend money from the proposed Fund, upon appropriation, for the operation and oversight of the Michigan medical marihuana program.
House Bill 4853
Establishes the penalties assessed for people who are charged with selling marijuana to people not legally allowed to have medical marijuana.
There are other changes as well. Many of the bills were approved in the Michigan Legislature’s 2011-12 session earlier in December. If you find that these changes may somehow affect you or a loved one, please contact one of our Michigan criminal defense attorneys at LEWIS & DICKSTEIN P.L.L.C. for a free consultation. You can also fill out a Request for Information Form
and one of our attorneys will contact you as soon as possible.
We offer a passionate, zealous and caring defense of medical marijuana patients and caregivers.
LEWIS & DICKSTEIN, P.L.L.C.
2000 Town Center, Suite 2350
Southfield, MI 48075