On November 4, 2008, Michigan voters passed Proposal 2008-01: Medical Marihuana Act. Michigan is the 13th state that has passed laws legalizing medical marihuana.
The Medical Marihuana Act (hereinafter referred to as “Act”) places the responsibility for implementation and administration with the Michigan Department of Community Health (MDCH), which would be required to set up a medical marihuana registry system and issue registry identification cards to qualifying patients or primary caregivers
The Act protects qualifying patients with specified debilitating medical conditions, and certain primary caregivers from arrest, prosecution, and penalty for the medical use of a limited amount of marihuana in accordance with the Act. The Act will raise numerous concerns for law enforcement and prosecutors, which include, but are not limited to the following:
1. The Act does not specify how patients and caregivers would acquire marihuana for medical purposes.
2. Although the Act will not legalize marihuana use for recreational purposes, it may be difficult for law enforcement purposes to differentiate between legal and illegal uses of marihuana. Therefore, it may be necessary to train state and local enforcement officials on ways to properly identify medical marihuana patients.
3. Possession and/or use of marihuana will continue to be in violation of federal law. There is the potential for conflict between federal law enforcement and state enforcement.
4. The section of the Act that allows individuals an “affirmative defense” against “any prosecution involving marihuana” potentially may lead to an increase in individuals driving under the influence of marijuana without facing criminal consequences.
5. The Act does not define what would constitute a public place e.g. If an individual is in the yard, but viewable to the public, is that considered a public place?
Law enforcement officers and prosecutors will eventually be confronted with these issues as well as other issues once the Act goes into effect. PAAM will continue to assist prosecutors throughout the state once these issues come to light.
