Tim Dinan

It was a Dark and Stormy Night . . .

Uh-oh.  The little charge of guilt and fear that goes through you when you see the flashing red and blue lights behind you.   Your mind momentarily races as you pull over.  You gather your insurance, registration and driver’s license as the officer walks up to the car.  Now what did I do?

Sound familiar?  We all get pulled over at some time or another.  If you work and have to drive a lot, it is more likely to occur.  Usually this transaction leaves you charged with a violation of some sort.  Most of the time, these are moving violations or status violations.  Moving violations include speeding, failing to yield, causing an accident, running through or disregarding a traffic control device or any other number of violations while you are behind the wheel.  A status offense can include lacking proper driving credentials or improper licensure of the driver or vehicle.
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What Is It

The 2008   Michigan elections included the ballot question regarding the legalization of medical marijuana (spelled ‘marihuana’ in the Act).  The measure passed with a comfortable margin and now has been enacted into law.  Licenses for both users (known as patients) and growers (known as caregivers) are being issued at a pace that out-stripped the original projection for demand.  Because of the backlog, patients who have submitted a form which has not been rejected after three weeks are, de facto, provisionally licensed to possess up to 2.5 oz. of marijuana.  Likewise, caregivers who submit their form are given the same provisional permit to go forward and begin to cultivate plants for their patients.

The program is administered by Michigan’s Department of Community Health.  This agency distributes identification cards to caregivers and patients.  Caregivers are individuals who grow, cultivate and prepare the marijuana for consumption.  Patients may legally obtain and possess up to 2.5 ounces of marijuana.  Caregivers may cultivate 12 plants per patient under their care.  Caregivers may then process and distribute marijuana to their patients and charge a processing fee for the service and goods.

The Department of Community Health has the application forms on-line http://www.michigan.gov/mdch/0,1607,7-132-27417_51869—,00.html  Here you can obtain specific answers to your questions and concerns, application forms, access to the formal regulations and the Department’s official position on a number of issues.

What is Not Covered

What has not been answered are all the practical questions that have arisen since the law has been enacted.  There exists limited direction for patients and caregivers on practical aspects of distribution, payment, relation to other laws, taxes and local regulation, just to name a few concerns.

Can you make a business of it?  Perhaps.  The framers of the statute wanted to limit commercial activity to avoid a “California” situation.  California has had legal medical marijuana for some time and has seen a huge underground industry grow from it.  Municipalities have a mixed bag of regulations and ordinances designed to discourage, encourage, confound but usually just confuse the public.
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