The Michigan Department of Community Health has until April 4 to develop administrative rules governing an identification card system registration system for patients. That would mean the first cards would be issued by April 24.
Even though it is technically legal to grow and use pot for medical purposes because the law has been enacted, patients and caregivers still run the risk of being arrested, experts say. If that happens, they will be able to mount what’s called an “affirmative defense of medical necessity” in court. But there’s a caveat:
“This is a high standard that must be supported by the evidence …” the MMMA advises on its Web site. “Going to court is expensive and the results far from certain. An affirmative defense is not a ‘get out of jail free card.’”
“Qualifying patients and primary caregivers will not be fully protected by the Michigan Medical Marijuana Act until the final administrative rules are published, the registry established and cards are issued,” the organization advises. “Until that time it behooves both law enforcement and medical marijuana patients and caregivers to use discretion and common sense.”
If you’re a new patient in Michigan, behave as if medical marijuana doesn’t exist. Hide your stash, don’t mention your medical marijuana status, pretend like they can arrest you and lock you up for life if they see the smallest flake of pot. You could be out as much as $60,000 trying to mount an affirmative defense in court. When you visit the clinic and get your doctor’s recommendation, keep a copy of that paper wherever you keep your stash and one in your car’s glove box. Same for the official state paperwork you fill out. If you’re mailing documents to the state, use a certified return mail so you can prove it was sent and received.
Too many people think a medical marijuana recommendation is an instant “Legal Cannabis” card, when it is actually just an exemption from criminal prosecution. Until cannabis is legal for all, patients are only semi-protected. Be careful!
