2013 Michigan Medical 2013 Michigan Medical Marijuana Law UpdateMarijuana Law Update

Matthew R. AbelAttorney at Law

Cannabis Counsel, PLC

2930 E Jefferson Ave, Detroit, MI 48207 313-446-2235

www.cannabiscounsel.com

Driving Under the Influence of Marijuana

People v Derror Any amount of THC = zero tolerance

People v Feezel Metabolite (THC-OH) NOT = THC

People v Koon Patients must be under the influence

Driving Under the Influence of Marijuana (NHTSA 2002)

Expected Roadside Indicators/Observations of Impairment

Psychophysical

Divided attention impairment Poor coordination and balance Problems with divided attention tasks Distorted internal clock

Eye Indicators

Pupils will be dilated or possibly normal Horizontal or vertical nystagmus – NOT present

Caselaw People v Olger

Must hold Evidentiary Hearing for § 4 (with card)

and § 8 (Affirmative Defense) per People v Kolanek and People v King

People v Bylsma

Dominion & control = possession

Caselaw

People v Green

Uncompensated transfers legal (Jan 30, 2013 – February 8, 2013)

People v McQueen

NO patient to patient, NO caregiver to caregiver

Patient must grow their own or obtain from caregiver

Caregiver may only sell to maximum of five patients ONLY

Caselaw

Carruthers Extracts/Medibles Illegal because only plants

and usable marihuana may be possessed Clinical Relief and other dispensary cases are

pending in Court of Appeals

Caselaw

People v Hartwick Must present Doctors at Evidentiary Hearing Evidence of patients' medical conditions Amount reasonably required for treatment

and how long treatment should continue Identity of the physicians

Legislative Changes

Amendments to the Michigan Medical Marihuana Act: Public Act 512 of 2012 (HB 4851) effective April 1, 2013

§ 4 protection from arrest only if the qualifying patient or caregiver presents both his or her registry ID card and a valid driver license or government issued ID card.

Further defines enclosed locked facility May grow in greenhouse/outdoors On property owned or leased by grower Not in view from adjoining property or structure

Amendments to the Michigan Medical Marihuana Act:

Public Act 512 of 2012 (HB 4851) effective April 1, 2013

Defines “Bona fide physician-patient relationship”

(1) The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in person, medical evaluation of the patient.

(2) The physician has created and maintained records of the patient’s condition in accord with medically accepted standards.

(3) The physician has a reasonable expectation that he or she will provide follow up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient’s debilitating medical condition.

(4) If the patient has given permission, the physician has notified the patient’s primary care physician of the patient’s debilitating medical condition and certification for the use of medical marihuana to treat that condition

Legislative Changes

Amendments to the Michigan Medical Marihuana Act:

Public Act 514 of 2012 (HB 4834) effective April 1, 2013.

Registry Cards valid for TWO years AND requires proof of Michigan residency

Changes access to Registry by Law Enforcement through LEIN

A person cannot be designated as a caregiver if they have been convicted of any felony within the past 10 years, have been convicted of a felony involving illegal drugs, or have a felony that is an assaultive crime

Legislative ChangesPublic Act 460 (December 27, 2012)

Transportation of usable marihuana in or upon a motor vehicle

Enclosed in a case that is carried in the trunk of the vehicle.

(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

INCONSISTENT with the Medical Marijuana Act

Legislative Changes

HB 4271 – Provisioning Centers Local Option for Permit or Ban

HB 5104 – Extracts, Medibles 1 oz = 16 oz solid, 7 gas, 72 liquid ounces

SB 660 – Pharmaceutical Grade Marijuana Dependent on change in Federal Law

Thank YouThank You

Matthew R. Abel

Attorney at Law; Founder, Senior Partner

Cannabis Counsel, PLC

2930 East Jefferson Avenue

Detroit, Michigan 48207

313-446-2235

www.cannabiscounsel.com

2013 Michigan Medical 2013 Michigan Medical Marijuana Law UpdateMarijuana Law Update

Cannabis Counsel, PLC

2930 E Jefferson Ave, Detroit, MI 48207

313-446-2235www.cannabiscounsel.com