What Does This Mean?

[Mememe]

http://www.michigan.gov/lara/0,4601,7-154-27417_51869_52140---,00.html

 

Question: How are the laws and rules of the MMMA enforced?

 

Answer: The MMMP enforces the registration process making sure applications are complete before issuing a registry identification card, terminating incomplete or fraudulent applications, and revoking cards if individuals commit violations of the MMMA. The MMMP verifies the validity of a registration card of patients and caregivers with local and state law enforcement personnel if they call the MMMP requesting such information.

Local and state law enforcement personnel may take any action they believe is necessary to enforce the criminal laws of the state, including violations of the MMMA.

Local and state law enforcement actions may vary. The MMMP has no authority to direct the activities of local and state law enforcement agencies.

 

 

What exactly does the underlined part mean?

 

LEO may be interpreting it to mean that they are allowed to violate the MMMA as needed to enforce criminal law.

[Letterhead954]

I think it means exactly what it says. But you may be right about how LEO interprets it.

[Croppled1]

They also have language that says only those that pay for a card are protected by the Act . What other medicinal item do you have to pay a fee for to avoid conviction of a crime ? I never read where they were empowered to charge fee's . I understand you have to have a card to prevent arrest but I had hoped by now Section 8 and the affirmative defense would force reasonable enforcement of individuals and common knowledge for those whose needs for a non interrupted supply require more then the card holder program allows and other reasonable needs . . From what I understand right or wrong recognition of a affirmative defense is nearly non existent and patients better stay within this scope they state as fact . I just can't believe patients are still arrested trying to act in good faith while pursuing their interpreted needs under medical use . How cruel it is to live in fear of felonies and prison for items like Kingpin and Bob and Torrey are facing . The Citizens of Michigan voted that medical use exists removing cannabis from schedule 1 by default . I can't see how a person forgets to lock a door or has a tarp tear and blow loose and that triggers 7 years worth or in one case 11 years worth of felonies and their even within their plant counts and weight .

 

"Under the MMMA, only a person with a qualifying debilitating medical condition who has obtained a valid MMMP card is exempt from criminal laws of the state for engaging in the medical use of marihuana as justified to mitigate the symptoms or effects of the person's debilitating medical condition. "

 

" 333.26428 Defenses.

 

 

 

8. Affirmative Defense and Dismissal for Medical Marihuana.Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

 

 

History: 2008, Initiated Law 1, Eff. Dec. 4, 2008

Compiler's Notes: MCL 333.26430 of Initiated Law 1 of 2008 provides:10. Severability.Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.

 

Weight is a major issue for patients . I just leave it on plants and take a little at a time hoping not to run out of a non interrupted supply before its too ripe but med ables scare me and they really help .Plant counts are usually not a problem unless a seed falls and germinates at the foot of a existing plant from a hermie or breeding . That anyone would enforce felonies for situations like this horrifies many patients and is morally bankrupt . .