Limitations of Medical Marijuana Identification Cards

For those with chronic illnesses and conditions, medical marijuana can be a great way of managing symptoms, especially if they are related to pain. Medical marijuana is legal in Michigan, as long as patients have the proper documentation in the form of identification cards to verify that they are allowed to use medical marijuana. While there are many benefits to having a card, there are also limitations of Michigan medical marijuana identification cards. If you want to gain more insight into the benefits and limitations of Michigan medical marijuana identification cards, consult a knowledgeable medical marijuana lawyer who can answer your questions.

One of the limitations of Michigan medical marijuana identification cards is that they only allow certified individuals to grow medical marijuana plants in enclosed, locked facilities. The term enclosed locked facility is specifically described in the statute, meaning an enclosed area that is secured with locks that allow only a qualified patient or caregiver can have access to. It can be a closet or any other comparable room if it is stationary. In other words, they cannot have a public marijuana lab in the eyes of the law.

An individual can grow medical marijuana outdoors if the plants are in an enclosed, locked facility and not visible at ground level from a nearby property. The marijuana must be grown within a stationary structure that is enclosed on all sides with something that prevents easy access such as a chain link or wooden fence. The public must be unable to gain access to this facility and it must be equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver property owner.

Marijuana can be transported in a car by patients and caregivers. The Michigan court recently ruled that the Medical Marijuana Act supersedes the criminal law that precludes the transportation of medical marijuana. In that case, the prosecution argued that medical marijuana should be treated like alcohol, meaning that it can only be transported in a motor vehicle if it is out of reach of the drivers and passengers such as in a trunk or locked container. The court rejected this argument thereby drawing a distinction between medical marijuana and legalized marijuana. The Medical Marijuana Act has provisions that preclude someone who is transporting medical marijuana from being transported. The court found that because MCL§ 750.474 is not part of the Michigan Medical Marijuana Act, an individual who is compliant as a medical marijuana patient cannot be prosecuted for violating it by transporting marijuana in their car.

Medical marijuana-infused products are known as edibles. In Michigan, these products are made by a business with a processor's medical marijuana license. Transportation of marijuana-infused products is different from the transportation of usable marijuana. The Medical Marijuana Act specifically addresses infused products. Until a court rules on this specific issue, it appears that marijuana-infused products can only be transported in a car within an enclosed locked facility.

One of the limitations of Michigan medical marijuana identification cards is that they do not allow patients or caregivers to become recreational drug users or drug dealers. Provided they comply with the letter of the law, registration cards do allow patients to use, possess, and cultivate a small amount of marijuana for medical purposes. Caregivers may also grow the plant for patients who are too sick to do so themselves. If the protections of the medical marijuana do not apply, a patient faces criminal prosecution for the use, possession, cultivation, or delivery of marijuana just like any other individual. This can be a serious felony depending on the amounts involved. That is when patients should seek an attorney knowledgeable about the limitations of Michigan marijuana identification cards who could potentially build their defense.