Got Pot?: How Does It All Work?

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
To use medical marijuana in Michigan, a qualifying patient must start at the state level by submitting an application form that is available online along with a check for $100.

Once that application is sent into the Michigan Medical Marihuana Program, a division of the Department of Community Health, a review of that application will take place over the next 15 days and then an acceptance or denial letter will be issued to the applicant.

Sounds simple enough, right?

But due to an overwhelming number of applicants that has led to a three-month backlog, the limited staff at the MMMP have allowed potential medical marijuana patients to use a copy of their completed application, along with a canceled check to the state, to serve as a temporary registration card while the application is pending.

Department of Community Health spokesman James McCurtis said the provision is acceptable according to the act and is necessary as staff members work the lengthy backlog.

"If you don't receive a denial letter, you can use your application and the canceled check showing that you have submitted the necessary paperwork and that your application is pending," McCurtis said. "If you are using medical marijuana without either a registration card or those other things, then you would be breaking the law. It's not enough to have a doctor's recommendation and show that to a primary caregiver."

Here are some other frequently asked questions when it comes to the Michigan Medical Marihuana Act:

How and Where Do I Get Medicine?

The MMMA provides a structure for medical marijuana patients to establish a relationship with a designated caregiver, somebody who grows marijuana plants using raw materials purchased on their own.

The designated caregiver can grow up to 12 plants for each qualifying patient up to a five-patient limit. Patients are allowed to have up to 2.5 ounces of marijuana on them.

McCurtis said if a registered patient was caught with more than 2.5 ounces, than he or she would be breaking the law and wouldn't be able to rely on the MMMA as a defense.

In an interesting wrinkle, the caregiver doesn't necessarily need to be registered with the state as a patient; not all caregivers are patients and vice-versa. There is a separate process by which a state resident can apply to be a caregiver only, but it's unlawful for that designated caregiver to use the marijuana grown for his or her patients.

Some people have wondered if there could be instances in which caregivers who are not patients are using their own product for recreational purposes.

"Then that person would be breaking the law," McCurtis said.

How Much Does It Cost?

Caregivers are allowed to receive "reasonable compensation" for medicine, a provision that may be open to interpretation, but McCurtis said caregivers are allowed to accept only enough compensation to cover the cost of the raw materials and the production. He added that it's unlawful for caregivers to make a profit from distributing medical marijuana.

McCurtis said it's possible that some caregivers could be charging more, but that person would be in violation of the act.

As for communal treatment facilities, such as dispensaries, they are generally set up as nonprofit organizations and receive private donations to pay for things such as utility costs and property taxes.

The act itself is "silent" on the issue of dispensaries, McCurtis said.

How Are These Laws and Regulations of The MMMA Enforced?

The MMMP enforces the registration process, ensuring applications are complete before issuing a registry identification card, terminating incomplete or fraudulent applications, and revoking cards if individuals commit violations of the act.

The MMMP verifies the validity of a registration card of patients and caregivers with local and state law enforcement if they call the MMMP requesting such information. Local and state law enforcement personnel may take any action they believe to be necessary to enforce the criminal laws of the state, including violations of the act.

The MMMP has no authority to direct the activities of local and state law enforcement.

For more information on the Michigan Medical Marihuana Act and Michigan Medical Marihuana Program, visit the website, MDCH - Michigan Department of Community Health.


NewsHawk: User: 420 MAGAZINE
Source: Press and Guide (Dearborn, MI)
Copyright: 2010 Press and Guide
Contact: editor@pressandguide.com
Website: Press and Guide
Details: MapInc
Author: Austen Smith, For the Press & Guide
 
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