Michigan: Medical Marijuana Law Overview and State Fines/Penalties - Archive

[Julie Gardener]

Michigan Medical Marijuana Law Overview​

SUMMARY: Sixty-three percent of voters approved Proposal 1 on November 4, 2008. The law took effect on December 4, 2008. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physicians authorizing the medical use of marijuana. Patients diagnosed with the following illnesses are afforded legal protection under this act: Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions. Patients are also offered legal protection if they have a chronic or debilitating disease or medical condition or treatment of said condition that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. Patients (or their primary caregivers) may possess no more than 12 marijuana plants kept in an enclosed, locked facility or 2.5 ounces of usable marihuana. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. The state officially began accepting applications for the program on April 6, 2009.

RECIPROCITY: Yes. Authorizes visiting qualifying patient with registry identification card (or its equivalent) from a State that also allows the medical use of marijuana by visiting qualifying patients, to engage in the medical use of marijuana. Also authorizes a person to assist with a visiting qualifying patient’s medical use of marijuana. Mich. Comp. Law § 333.26424(j) (2008).

(other state, district, territory, commonwealth, or insular possession of the U.S. must offer reciprocity to have reciprocity in Michigan)

AMMENDMENTS: Yes

Administrative rules for the program took effect on April 4, 2009. A copy of the regulations is available here.

MEDICAL MARIJUANA STATUTES: Michigan Medical Marihuana Act, Mich. Comp. Law §§ 333.26421 - 333.26430 (2008).

CAREGIVERS: Yes. Primary caregiver is a person who has agreed to assist with a patient's medical use of marihuana. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a felony involving illegal drugs. Each patient can only have one primary caregiver. The primary caregiver may assist no more than 5 qualifying patients with their medical use of marihuana. Mich. Comp. Law §§ 333.26423; 333.26426(d) (2008).

PATIENT REGISTRATION FEE: $100 new or renewal application / $25 Medicaid patients

• Registration: Mandatory

For more detailed information and Becoming a Patient in Michigan

CONTACT INFORMATION:

Michigan Medical Marihuana Program (MMMP)
Michigan.gov/mmp

Source: NORML

 

[Julie Gardener]

Michigan Marijuana Penalties​

Possession

♦ Marijuana use* - misdemeanor Incarceration 90 days Fine $100

♦ Any amount* - misdemeanor Incarceration 1 year Fine $2,000

♦ In a park* - misdemeanor or felony Incarceration 2 years Fine $2,000

*Conditional discharge possible


Cultivation

♦ Less than 20 plants - felony Incarceration 4 years Fine $20,000

♦ 20 to 200 plants - felony Incarceration 7 years Fine $500,000

♦ 200 or more plants - felony Incarceration 15 years Fine $10,000,000


Sale

♦ Distribution without remuneration - misdemeanor Incarceration 1 year Fine $1,000

♦ Less than 5 kg - felony Incarceration 4 years Fine $20,000

♦ 5 to 45 kg - felony Incarceration 7 years Fine $500,000

♦ 45 kg or more - felony Incarceration 15 years Fine $10,000,000


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

♦ Paraphernalia sale** - misdemeanor Incarceration 90 days Fine $5,000

**Preceded by cease and desist order, and if complied with, it is a complete defense to the charges.

Six month driver's license suspension upon conviction for marijuana charges.


Details
The penalty for the use of marijuana is up to 90 days in jail and a fine of up to $100.

Possession of marijuana in any amount is punishable by up to one year in jail and a fine of up to $2,000, unless the possession occurred in a public or private park, which increases the penalty to a possible 2 years in prison.

Conditional discharge is available in all use and possession cases.

Distribution of marijuana without remuneration is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. For cultivation of less than 20 plants or sale of less than 5 kilograms, the punishment is up to four years in jail and a fine of up to $20,000. For cultivation of 20 or more plants or sale of 5 kilograms or more, the punishment is up to seven years in prison and a fine up to $500,000. Cultivation of 200 or more plants or sale of 45 kilograms or more is punishable by up to 15 years in prison and a fine up to $10,000,000.

The sale of paraphernalia is punishable by up to 90 days in jail and a fine of up to $5,000. The arrest for sale of paraphernalia is preceded by a cease and desist order, and if the order is complied with, it is a complete defense to the charges.

Ann Arbor: The penalty for being caught with marijuana is $25.00 USD for the first offense, $50.00 for the second and $100.00 for the third or subsequent offense (and no incarceration or probation). However, laws do not apply on university property i.e. the dorms; the university has a much more strict policy on possession and/or use.

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After
successfully completing probation, the individual's criminal record does not reflect the charge.

Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Drugged driving: This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold.

Warning: The information contained in this report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Soure: NORML

Be informed, be well and let's change these state fines and penalties as they are unfair to everyone.




See Michigan: Medical Marijuana Law Overview and State Fines/Penalties for more up to date information regarding state laws and penalties.