Michigan Medical Marijuana Law, A New Push For Clarification

marijuana.jpg This weekend, in light of the annual Hash Bash held in Ann Arbor, the Detroit Free Press took an opportunity to explore some of the issues surrounding Michigan’s medical marijuana laws. There seem to be two camps in terms of the medical marijuana argument. Opponents view the MMMA as against Federal Law and further as a subterfuge for cardholders to engage in illegal activity. Proponents argue that the law, passed by the people with margins of over 60%, should be upheld. The opponents do bring up a valid point, there have been many who have used their cards simply as a shield to grow marijuana or to sell it to those who don’t hold a card. Nonetheless, the fact remains that the law was enacted by the people and therefore the will of the people should be enforced. Currently, there are two big issues that need to be ironed out in the law. Those two issues are dispensaries and what exactly constitutes a bona fide doctor patient relationship.

Dispensaries have become the focal point of the medical marijuana argument. Whether for or against them, the fact remains they exist. The law is not clear on whether or not such distribution shops are allowed, but cities (such as East Lansing and Kalamazoo) have begun licensing them nonetheless. Without some clarification from the Court or the legislature, the State will end up with a patchwork of conflicting regulatory regimes. Many are advocating for a system similar to Colorado’s, where dispensaries are regulated by the state. The idea is that the state can then pay for administration of the law through tax revenue. Hopefully, this is something that Michigan’s legislature will take up over the summer.

Additionally, there is confusion as to what exactly constitutes as bona-fide doctor patient relationship. The law does not spell out exactly how much time someone needs to spend with a doctor for them to recommend the patient for medical marijuana use. This seems only to fuel the opposition and is yet another issue that the state needs to clarify, hopefully as soon as this summer.

The Abdo Law Firm handles all issues relating to medical marijuana. Our firm will do work that includes in-office consultations, litigation, and entity formation. Please call 586-412-5555 today to see how we can assist with your MMMA needs.

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