A “Qualified Patient” can possess up to 2.5 ounces of usable marijuana.
A “Primary Caregiver” can possess up to 2.5 ounces of usable marijuana for each of their Qualified Patients, to whom they are connected to through the State’s application process.
What does “usable marijuana” actually mean?
Usable marijuana is defined in Section 3(j) of the MMMA as the dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.
Are edibles legal?
Yes. But, remember that “usable marijuana” is defined as “any mixture or preparation” of the dried leaves and flowers of the marijuana plant. So, technically it seems that the weight of the edible counts towards the 2.5 ounce limit.
A “Primary Caregiver” may also cultivate up to 12 marijuana plants for each of their Qualified Patients, to whom they are connected to through the State’s application process. The plants must be in an enclosed locked facility.
What if I am not a Patient or Caregiver, but I live with someone who is? Can I get into trouble for being around medical marijuana and legal activities related to medical marijuana?
No. Section 4(i) of the MMMA says that a person, even a person who is NOT a Patient or a Caregiver, cannot get arrested or suffer any penalty just for being in the presence or vicinity of the medical use of marijuana. It is important to remember that the medical use of marijuana is defined in Section 3(e) as a number of activities [see above].
Can I assist a Patient in using or administering their medical marijuana without getting charged with a crime?
Yes. You are protected, even if you are not a Patient or a Caregiver, in being in the vicinity or presence of the legal medical use of marijuana in addition to assisting a Patient with using or administering the medical marijuana.
Section 4(i) of the law explains that “a person 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, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.”
Is marijuana paraphernalia protected under Michigan Medical Marihuana Act?
Yes. Under section 4(g), the law says that a person, even a person who is NOT a Patient or a Caregiver, cannot get arrested or suffer any penalty for providing a Patient or Caregiver with marijuana paraphernalia.
Read about today’s raids here