Michigan Law-MCL333.26428

 

Medical Marihuana Act - Section MCL 333.26428

Section MCL 333.26428 - Defines defenses for Medical Marihuana Patients and Caregivers

Section MCL 333.333.26428 will define defenses for Medical Marijuana Patients and Caregivers.

Section 8.  Affirmative Defense and Dismissal for Medical Marihuana
Section MCL 333.26428 - Section 8 Defense for Medical Marihuana

Sec. 8. Defenses

(a) Except as provided in section 7(b), 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).

(c) 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.

Contact a Lawyer

Komorn Law has represented numerous clients when they were charged with possession of marijuana as well as many other types of drug and alcohol related cases.  If you have been charged with a crime do not speak with anyone and contact us immediately at 800-656-3557 or visit us at KomornLaw.com.

Links and Updates

Laws and definitions are continually changing and should be researched for changes and updates.  The information here is not guaranteed to be the current law or definitions. Please do research for current information or contact our office.

Links

http://legislature.mi.gov/doc.aspx?mcl-333-26428