Clarification Of The Law Answers Needed

[truthBOMB]

while patiently waiting for my card to arrive, I was reviewing the law and wanted to get your opinion of some of the details.

 

currently a patient cannot be under the influence of MM and be operating a vehicle?

 

The medium of smoking MM is illegal?

 

With proof of Rx approval and state registry forms, proof of mail-in date is required for amnesty?? (from the FAQs page of DOCH website)

 

open for discussion. thanks.

 

if I were better with links I would assist.

[LansingAreaCaregiver]

Ok...

 

As for driving, driving while impaired, regardless of the impairing substance, is illegal. Doesn't matter if it is alcohol, marijuana, xanax, or morphine.

 

As for smoking, if I understand your question, you are asking if the new smoking ban affects marijuana. No it does not. The smoking ban clearly defines smoking as an activity involving tobacco. Unless you're smoking blunts or mixing your medicine with tobacco, this new law has zero effect on medical marijuana.

 

The paperwork question: The state is taking 3-4 months to issue cards instead of the mandated 20 days. In the meantime, your paperwork, with proof of mailing, is supposed to be as valid as your card. The problem is that many law enforcement and prosecutors are either ignorant to this situation or are actively denying this to be the case. As such, it may still be a good idea to be discreet with your medical usage until such time as you have your actual card.

 

Hope that helps!

[______]

As for the driving under the influence part. Michigan has a zero tolerance DUID law. What this means is that even metabolites of marijuana will be proof of driving under the influence of drugs. You could be guilty of driving under the influence weeks after you stopped smoking if the pee test is positive. Be very careful out there.

[greenbuddha]

TruthB...

 

Check out the 'law' on where you can fire up... I believe you cannot 'smoke' MMJ in some 'public' places.

 

Know the 'law'... be legal... be safe!

 

Be cool with it. Put it their face and... well, you get the picture.

[truthBOMB]

TruthB...

 

Check out the 'law' on where you can fire up... I believe you cannot 'smoke' MMJ in some 'public' places.

 

Know the 'law'... be legal... be safe!

 

Be cool with it. Put it their face and... well, you get the picture.

 

thanks for the support and followup everyone!

 

just to clarify:

 

Per FAQ site at the MDCH: MDCH FAQ pgs

 

Question: Do I need to keep a copy of my application and any other information I send to the MMMP?

Answer: Yes. If your application has not yet been approved, denied or terminated you may provide law enforcement with a copy of your written documentation submitted to the department; you must also submit proof of the date of mailing or other transmission of the documentation. This documentation shall have the same legal effect as a registry identification card, until such time as you receive your card or you have received notification that your application has been approved, denied or terminated.

 

Consumption:

 

Question: Where can I consume medical marihuana?

Answer: Presuming you are registered with the state patient registry and carrying your registry identification card, you may consume medical marihuana on your property or elsewhere. However, the law does not permit any person to do any of the following:

(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.

(2) Possess marihuana, or otherwise engage in the medical use of marihuana:

(a) in a school bus;

(b. on the grounds of any preschool or primary or secondary school; or

© in any correctional facility.

(3) Smoke marihuana:

(a) on any form of public transportation; or

(b. in any public place.

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

 

 

thoughts? legal interpretations? thanks again!

[DT61]

Sure -

"(3) Smoke marihuana:

(a) on any form of public transportation; or

(b in any public place."

Just do not smoke it in any public place or on any form of public transportation.

(Private clubs are just that -private - not public)

 

 

"(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana."

This same warning is also on many over the counter medications. There is a zero tolerance policy but it is also very much at the discretion of individual LEO.Otherwise they would test each and every driver stopped. Use good sense, do not medicate and drive.