A primary caregiver generally grows marijuana to assist the patient in  the medical use of marijuana.

 

A Primary Caregiver Can Have Up to 5 Qualifying Patients

Maximum 12 plants and 2.5 oz. for each registered qualifying patient

(You get a card for each one when the Qualifying Patient designates you as Primary Care Giver) 

 

 

Inquiry and Survey for Primary Caregivers

This is not a Do It Yourself Project: You need a Lawyer and a Locksmith to maximize your protection. 

"Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.

 

Primary Caregivers - [Section 4(e)] "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs.  

Bystanders and assistants – A person 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.
Providers of Paraphernalia for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.
Compensation - [Section 3(g)] A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.

FAIR WARNING - this is a state law, and federal authorities will likely be able to arrest you despite the protections this law gives you from arrest under state laws. Statistically, about 1% of majiuana arrests and convictions are federal. 

DON'T BE A STATISTIC.

Effective Date: 10 days after official certification of the election [Mich Const 1963 Art. 2, Sec. 9], which is  scheduled to be November 24, with a December 4, 2008 effective date. Registry ID Card Program could take until Early April to commence  accepting applications. It can take 20 days to get a card once you apply.

 

Law specifically authorizes medical use:  Section 7 (a) "The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act."

 

Medical Use of Marijuana - "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Two Levels of Protection - The department will be issuing Registry ID Cards, which makea qualifying patient immune from arrest. If you don't get a card you can still use the Medical Marijuana Defense.

Registry ID Card Protections and Immunities

Affirmative Defense regardless of Registry ID card

 

Disqualifications for protections under Act: Section 8(a) provides that the defendant cannot assert the affirmative defense if possessing or engaging in the use of marijuana was in violation of Section 7(b) of the Act. Section 7(b) lists certain disqualifying criteria that apply to the Section 8 affirmative defense and to the Act's other more prophylactic immunities for registry participants. The defense may not be asserted for any of the following:

Smoking marijuana "in any public place";

Smoking marijuana on any form of public transportation;

Any use by a person who has no serious or debilitating medical condition;

Any conduct where being under the influence would constitute negligence or professional malpractice per se;

Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

Any use or possession in a school bus;

Any use or possession on the grounds of any preschool, primary, or secondary school;

Any use or possession in any correctional facility;

 

All State Laws Inconsistent with Act Do Not Apply to Medical Use: [Section 7(e)] "All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act."

No Seizure or Forfeiture of Marijuana Supply: Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited. [Section 4(h)]

Card not Probable Cause: [Section 6(g)] Possession /application registry identification card

·         Shall not constitute probable cause or reasonable suspicion,

·         nor shall it be used to support the search of the person or property of the, or

·         otherwise subject the person or property of the person to inspection by any local, county or state governmental agency.

READ FULL TEXT OF THE NEW MICHIGAN MEDICAL MARIJUANA ACT HERE

 

Protections for Primary Care Givers for acts related to the Medical Use of Marihuana: [Section 4(b)] A primary caregiver who has been

·         issued and possesses a registry identification card

·         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,

·         for assisting a qualifying patient

·         to whom he or she is connected

·         through the department's registration process

·         with the medical use of marijuana

·         in accordance with this act,

 

THE MAX

The primary caregiver possesses an amount that does not exceed:

·         2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process [A caregiver can have no more than 5 patients], and

·         12 marihuana plants kept in an enclosed, locked facility for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient; and

·         any incidental amount of seeds, stalks, and unusable roots.

 

BUT WAIT....THERE IS ANOTHER RULE FOR THE AFFIRMATIVE DEFENSE 

The Reasonably Necessary Quantity [Section 8(a)2]:

The patient and the patient's primary caregiver, if any, were collectively

·         in possession of a quantity of marijuana that was

·         not more than was reasonably necessary

·         to ensure the uninterrupted availability of marijuana

·         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

 

Get Model Motion To Dismiss

The Medical Purpose Affirmative Defense

The law sets up a registry ID program, with written certifications for Doctors, and designated Primary Caregiver. This program offers more affirmative immunities, including immunity from arrest. However, if you are charged with any crime relating to marijuana, you can asset the Medical Purpose Affirmative Defense. This is an umbrella defense for patients and primary caregivers, regardless of whether they are registered with the government, and if defendant makes a showing of its elements at an evidentiary hearing the court must dismiss the case. This catch all defense is very powerful, and not difficult to prove.  

Statutory authority to assert defense and presumption: Section 8(a) authorizes assertion of the affirmative defense, and crates a presumption of validity of the defense where a showing is made as to its elements. "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 the elements of the defense." Generally, in asserting affirmative defenses, defendant has the burden of going forward, with proof by a preponderance of the evidence. At trial, where the defense has been asserted, and the threshold showing has been made by defendant, the prosecutor must show, beyond a reasonable doubt, that the legally excusing elements of the defense do not exist.

 

Statutory authority to bring a motion to dismiss, and mandatory dismissal:

Section 8(b) establishes the statutory authority for a motion to dismiss. "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 specified elements of the defense." The showing must prove the elements by a preponderance of the evidence, and where this showing is made the dismissal is mandatory.

 

Standing and Scope of the Affirmative defense:

The affirmative defense is available to the following people:

Any "patient" who demonstrates the patient's medical purpose for using marihuana pursuant to this section; or

Any patient's "primary caregiver" who demonstrates the patient's medical purpose for using marihuana pursuant to this section.

The defense applies to the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia, in these proceedings:

Any prosecution involving marihuana [Section 8(a)]

Any disciplinary action by a business or occupational or professional licensing board or bureau [Section 8(c)1]; or

Forfeiture of any interest in or right to property. [Section 8(c)2]

 

No Seizure or Forfeiture of Marijuana Supply: Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited. [Section 4(h)]

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