Transcript MI MMJ Update - Wayne County

2013 Michigan Medical Marijuana
Law Update
Matthew R. Abel
Attorney at Law
Cannabis Counsel, PLC
2930 E Jefferson Ave, Detroit, MI 48207
313-446-2235
www.cannabiscounsel.com
Driving Under the Influence of
Marijuana

People v Derror
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People v Feezel

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Any amount of THC = zero tolerance
Metabolite (THC-OH) NOT = THC
People v Koon
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Patients must be under the influence
Driving Under the Influence of
Marijuana (NHTSA 2002)
Expected Roadside Indicators/Observations
of Impairment


Psychophysical
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Divided attention impairment
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Poor coordination and balance
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Problems with divided attention tasks
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Distorted internal clock
Eye Indicators
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Pupils will be dilated or possibly normal
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Horizontal or vertical nystagmus – NOT present
Caselaw

People v Olger
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Must hold Evidentiary Hearing for § 4 (with card)
and § 8 (Affirmative Defense) per People v Kolanek and
People v King

People v Bylsma

Dominion & control = possession
Caselaw

People v Green

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Uncompensated transfers legal (Jan 30, 2013 –
February 8, 2013)
People v McQueen
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NO patient to patient, NO caregiver to
caregiver
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Patient must grow their own or obtain from
caregiver
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Caregiver may only sell to maximum of five
patients ONLY
Caselaw

Carruthers

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Extracts/Medibles Illegal because only plants
and usable marihuana may be possessed
Clinical Relief and other dispensary cases are
pending in Court of Appeals
Caselaw

People v Hartwick
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Must present Doctors at Evidentiary Hearing
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Evidence of patients' medical conditions
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Amount reasonably required for treatment
and how long treatment should continue
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Identity of the physicians
Legislative Changes
Amendments to the Michigan Medical Marihuana Act:

Public Act 512 of 2012 (HB 4851) effective April 1, 2013

§ 4 protection from arrest only if the qualifying patient or
caregiver presents both his or her registry ID card and a
valid driver license or government issued ID card.
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Further defines enclosed locked facility
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May grow in greenhouse/outdoors
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On property owned or leased by grower
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Not in view from adjoining property or structure
Amendments to the Michigan Medical Marihuana Act:
Public Act 512 of 2012 (HB 4851) effective April 1, 2013
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Defines “Bona fide physician-patient relationship”
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(1) The physician has reviewed the patient’s relevant medical
records and completed a full assessment of the patient’s
medical history and current medical condition, including a
relevant, in person, medical evaluation of the patient.

(2) The physician has created and maintained records of the
patient’s condition in accord with medically accepted
standards.
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(3) The physician has a reasonable expectation that he or she
will provide follow up care to the patient to monitor the efficacy
of the use of medical marihuana as a treatment of the patient’s
debilitating medical condition.

(4) If the patient has given permission, the physician has
notified the patient’s primary care physician of the patient’s
debilitating medical condition and certification for the use of
medical marihuana to treat that condition
Legislative Changes
Amendments to the Michigan Medical
Marihuana Act:

Public Act 514 of 2012 (HB 4834) effective April 1, 2013.

Registry Cards valid for TWO years AND
requires proof of Michigan residency

Changes access to Registry by Law
Enforcement through LEIN

A person cannot be designated as a caregiver if
they have been convicted of any felony within
the past 10 years, have been convicted of a
felony involving illegal drugs, or have a felony
that is an assaultive crime
Legislative Changes
Public Act 460 (December 27, 2012)
Transportation of usable marihuana in or upon a motor
vehicle
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Enclosed in a case that is carried in the trunk of
the vehicle.
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(b) Enclosed in a case that is not readily
accessible from the interior of the vehicle, if the
vehicle in which the person is traveling does not
have a trunk.
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(2) A person who violates this section is guilty of
a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than
$500.00, or both.
INCONSISTENT with the Medical Marijuana Act
Legislative Changes

HB 4271 – Provisioning Centers
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HB 5104 – Extracts, Medibles
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Local Option for Permit or Ban
1 oz = 16 oz solid, 7 gas, 72 liquid ounces
SB 660 – Pharmaceutical Grade Marijuana
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Dependent on change in Federal Law
Thank You
Matthew R. Abel
Attorney at Law; Founder, Senior Partner
Cannabis Counsel, PLC
2930 East Jefferson Avenue
Detroit, Michigan 48207
313-446-2235
www.cannabiscounsel.com
2013 Michigan Medical Marijuana
Law Update
Cannabis Counsel, PLC
2930 E Jefferson Ave, Detroit, MI 48207
313-446-2235
www.cannabiscounsel.com