Jump to content

When Is A Patient Legal?


Recommended Posts

Hello, I have not been on the board much the last few years, and I have not been following the law as closely as I once did. I have a question for the group;

 

I have a friend who has mailed in thier certification 15-18 days ago and has a cancelled check from LARA. Are they legal with the paperwork until thier card arrives ?

 

Thank you in advance for any help you can offer.

 

Peace.

Link to comment
Share on other sites

  • Replies 74
  • Created
  • Last Reply

Top Posters In This Topic

Program Status Update (9/30/2012):

IF YOU SUBMITTED YOUR ORIGINAL OR RENEWAL APPLICATION PRIOR TO THE END OF JULY 2012 AND HAVE NOT RECEIVED YOUR REGISTRY ID CARD, PLEASE CALL 517-373-0395 AND SELECT OPTION #3.

To assist our staff in expediting and processing a renewal application make sure you submit your application on a Renewal Application with your registry identification number on the form.

Program Statistics:

  • 312,261 original and renewal applications received since April 6, 2009.
  • 121,043 active registered qualified patients.
  • 25,199 active registered primary caregivers.
  • 28,226 applications denied -- most due to incomplete application or missing documentation.
  • Applications are reviewed within 15 days of receipt. Incomplete applications are denied and applicants are then notified of denial by certified and regular mail.
  • Complete applications, change forms and reapplications for previous denials are then processed in the date order in which they are received. If a denial letter is not received then the application is deemed valid. The statute currently allows for a copy of a valid application submitted to serve as a valid registry identification if the card is not issued within 20 days of its submission to the department.
  • The only Notice of Approval is sent with the registry ID card. If the registry ID card is not received within 12 weeks of the department's receipt of a valid application, please call 517-373-0395 and select option #3.
  • There is a reduced registration fee. For information on what documents must be submitted with the application click here for the Reduced Fee Eligibility Information.

Link to comment
Share on other sites

Thank you both for your help. I guess I should have done some more googleing.

 

"(b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card."

 

http://www.legislature.mi.gov/%28S%283nabfg55xptedkv4axxbyb45%29%29/printDocument.aspx?objectName=mcl-333-26429&version=txt

Link to comment
Share on other sites

it is the SSD stuff - $25 for renewal or new application.

$10 is only for adding a CG later or change of CG

$100 is the standard fee if you have no proof of disability award.

 

edited copy of page :

 

 

Supporting Documentation for Reduced Fee Eligibility

 

For patients receiving SOCIAL SECURITY DISABILITY or SUPPLEMENTAL SECURITY INCOME (SSI),

the only documents acceptable to determine eligibility is one of the following:

Current (5 years or less) copy of a letter from the Social Security Administration specifically stating

the TYPE of benefit the patient is receiving.

Types of acceptable Social Security benefits are as follows:

o “Disability”-acceptable

o “SSI”-acceptable

The document must include the patient’s name and verify current eligibility receipt of

“disability” benefits or “SSI” benefits.

Current (5 years or less) copy of “Notice of Fully Favorable Decision” of disability from the Social

Security Administration.

The document must include the patient’s name and include the page that states the

decision of disability (this is usually the last page).

 

No other documents from Social Security will be acceptable.

For patients receiving FULL MEDICAID Benefits, the only documents acceptable to determine eligibility

are one of the following:

Current document verifying that the patient is eligible and receiving FULL Medicaid (not Medicare)

benefits. Current means the patient is eligible on the date the Medical Marihuana Program receives

the patient’s application.

Copy of patient’s MI Health Card or other current Medicaid health plan card, only if receiving FULL

Medicaid.

THE FOLLOWING CANNOT BE USED TO QUALIFY FOR THE REDUCED REGISTRATION FEE:

Medicare card-NOT acceptable.

Bank statements-NOT acceptable.

Social Security IRS Form 1099-NOT acceptable.

Social Security Yearly Benefits Statement-NOT acceptable.

Enrollment in the Medicaid Adult Benefit Waiver (ABW or AMP)-NOT acceptable.

Participation in a Medicaid spendown-NOT acceptable.

Receipt of social security retirement benefits-NOT acceptable.

Receipt of social security widow or widower benefits-not"

 

etc

Link to comment
Share on other sites

The Day your Dr signs your Recommendation you are Permitted to Medically use cannabis per the Michigan Medical Marihuana Act.

 

Be aware this only qualifies for a Section 8 Defense per the Mi Supreme Court Ruling issued May 31st, 2012, where they drew a distinct line between what qualifies as a PT or Caregiver, and a Registered Patient or Caregiver, and which qualifies for which Affirmative Defense. A section 8 does not protect one from arrest, while a sec 4 which one needs to also be registered to the States MMMP Program AND under the limits outline with in the Act itself, and one is not violating the exceptions clauses therein, is supposed to protect you from arrest.

 

I would certainly get to know your counties position and how the Prosecuting Attorney may address any cases brought before him.

Edited by Timmahh
Link to comment
Share on other sites

Tim - you want the cards for the protection of the MMMAct

 

"Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and,....

 

(b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom...."

 

If a police officer stops you and all you have is a doctor's rec, no card - you are not following the MMMAct. You will likely have to go to court to show your doctor's rec. and explain why you did not follow the MMMAct to send in the state application for the card.

Link to comment
Share on other sites

You become a legal patient the moment your doctor hands you a SIGNED letter stating that it is her/his opinion that cannabis may help the ease your medical discomforts.

 

You become a STATE of MI REGISTERED MEDICAL MARIHUANA PATIENT when you receive your ID card from the state, OR on the 21st day after your doctor signed certification letter has been received by the authorized state department (which ever happens first). The cancelling of the check has nothing to do with it.

 

If you are within the allowed limits, the card will help you avoid detainment, arrest, and forfeitures.

 

 

Thanks to future councilperson Gary Brown, not only were the DPD at the gate during the 2009 Expo in Detroit, they manned the medication tents.Things changed after he was elected.

Link to comment
Share on other sites

DN, you did read the MSC ruling in Kolanek/King yes?

 

 

 

Problem is, while the Card is Supposed to keep you from being arrested, so long as one is "Compliant". The Truth of the matter is, what is Compliant on the words of the Act, is Not being Upheld by the Agencies of the Government even though they are quite simple to understand, as a Peoples Initiative is supposed to be. That is why it is a People' Initiative.

 

The AG, LEO (in many areas), and many Counties are making grandiose claims, its too grey to understand, while instead of working to clear it up, they are working to subjugate a Law Initiated via Fair and Legal Legislative Processes, which are authorized under the Constitution of the State of Michigan. That is how Governments are supposed to work, and because this measure has worked for the People, not the Government, it must be mangled beyond repair so it is no longer viable.

 

So while the card Should stop arrests, it has not, and infact, they have increased.

 

Now if someone has a concern of trusting the Government with a list including their name being on it in the first place, their address, the contact information for their Caregivers or Patients, I would call that a legitimate concern, and those people may be, not only more than satisfied with a section 8 defense, but Smarter for doing it that way.

 

Just the way I see it, and like spooky molder, I know I'm not alone.

Edited by Timmahh
Link to comment
Share on other sites

I personally do not know of anyone with a state issued MMMA ID that was arrested that was in full compliance with the law, and not transfering to anyone who wasn't connected to him through the registry.

 

Do you have proof the arrests have increased? Do you have figures forom a state agency or independent study backing up your claim or anything like that? Are you just speculating because you are now hearing about more cases?

Link to comment
Share on other sites

I personally do not know of anyone with a state issued MMMA ID that was arrested that was in full compliance with the law, and not transfering to anyone who wasn't connected to him through the registry.

 

Do you have proof the arrests have increased? Do you have figures forom a state agency or independent study backing up your claim or anything like that? Are you just speculating because you are now hearing about more cases?

 

 

I think we all follow the news as closely as we can, I must say I have noted few if any arrests of anyone in full compliance. I stress the term "Full compliance"

Is there any group in Mi that tracks such things by category?

Link to comment
Share on other sites

If your not pushing up daisy's yet. Your not legal in LEO's eyes. We are all drug dealers to them,Potheads, Not fit to raise a family,lets see the list goes on. Not fit to breath the same air as these fine Republicans that hate the Potheads so much . Why is that hummm I ponder corruption maybe ??

Edited by Kingpinn
Link to comment
Share on other sites

that is true - out of 300,000 cardholders and who knows how many with just a Doc's Rec in Michigan - and how many are arrested?

 

I also agree - many of these cases were testing the boundaries of the law and not trying to be 100% compliant. Some had bad advice, some did not consult a lawyer to properly interpret the law.

 

You want to risk arrest, all you have to do is grow outside without properly enclosing the plant, have a grow down in the basement with no door lock to separate people in the home from it, smoke and drive, sell to anyone that you are not connected to via the registry, attract police attention by committing other crimes like domestic violence, noise, smell, and bad driving.

 

I think that we should point out - there are many of us enjoying the MMMAct without being arrested or hassled. We do not need to promote a culture of fear (like a government or corporation jeez) to control people. We can advise them of safety. The MMMAct is working.

Link to comment
Share on other sites

Excellent post DN! Obviously there are counties and cities that are still fighting the law. But anyone that cannot see the difference between now and 2009 is being willfully ignorant to reality. I have LEO friends and our Sheriff actually voted for the law. We are winning this war.. Albeit slowly. If you live in Tuscola county vote to re-elect Sheriff Lee Teschendorf

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share




×
×
  • Create New...