Section 8 of the Michigan Medical Marijuana Act
You have a valid defense to a marijuana charge under Section 8 even if you DO NOT have a medical marijuana card under certain circumstances. Do not plea when you have a right to a full dismissal of all charges.
Generally, MCL Section 333.26428, otherwise known as MMMA Section 8 allows a person who does not have a medical marijuana card to present a defense to a marijuana or paraphernalia charge. The first step in presenting a Section 8 defense is for the defense attorney to file a motion requesting dismissal of the charges. To be successful in a Motion to Dismiss under Section 8 of the Medical Marijuana Act. The defendant must successfully argue:
- That a physician, in the course of a bonafide physician-patient relationship (legitimate, full assessment of the patient’s medical history and current medical condition), has stated that the defendant suffers from a serious or debilitating medical condition and is likely to receive therapeutic benefit from medical marijuana.
- The quantity of marijuana must be reasonably necessary to ensure the uninterrupted availability for treatment of the medical condition.
- The purpose of the marijuana in question was for the purpose of treating or alleviating the defendant’s medical condition.
Attorneys with Extensive Experience Defending Marijuana Charges Using Section 8 of the Medical Marijuana Act
Do not accept a plea under advisement, 7411 or any other type of plea if your use or possession of marijuana is for a legitimate medical purpose. Just because prosecutors, police or judges may object to the legal use of medical marijuana does not mean that a defendant is stuck being railroaded into a conviction, jail or probation sentence. Really good, experienced and aggressive lawyers who are experienced with the Medical Marijuana Act will not let their clients be “sold-out” to the system. If you want a really good, experienced and aggressive lawyer to fight for you, LEWIS & DICKSTEIN, P.L.L.C. is the firm you need to protect you! Call us at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and we will promptly contact you.