Medical Marijuana is like sex; it can be given away but not sold.
The issue before the Court of Appeals was whether the Michigan Medical Marihuana Act’s protections for medical use of marihuana extend to uncompensated patient-to-patient transfers of marihuana. Meaning, is it legal for a “patient” under the medical marihuana statute to give another “patient” marihuana for free?
The Court Says, Yes.
The Michigan Court of Appeals concluded, in People v Green, the delivery or transfer of marihuana, absent the exchange of compensation, is specifically included in the Michigan Medical Marihuana Act’s definition of “medical use.” The Court held the defendant was immune from prosecution for the uncompensated transfer of marihuana to another qualifying patient.
The Michigan Court of Appeals previously concluded that the MMMA does not authorize patient-to-patient sales of marihuana. Sale consists of delivery or transfer plus the receipt of compensation, which is not allowed under the definition of “medical use” or any other provision of the MMMA. For the Marihuana transfer to be illegal is does not have to be for money, but receiving ANYTHING in exchange for marihuana is illegal.
It is also important to know if you as a patient are giving the marihuana to a registered patient. If you gave your medical marihuana to someone that is not a registered patient you could be charged with manufacture and delivery of a controlled substance.
Michigan Medical Marijuana Act
The Michigan Medical Marihuana Act, specifically MCL 333.26424(a), protects a qualifying patient from arrest, prosecution or penalty for the medical use of marihuana in accordance with the MMMA, provided the qualifying patient has been issued and possesses a registry identification card and possesses less than 2.5 usable ounces of marihuana.
In short this means that you cannot be prosecuted for owning up to 2.5 grams of marihuana or for consuming it. A medical marihuana patient can however be prosecuted for driving under the influence of marihuana. So if you consume marihuana don’t drive.
Michigan Medical Marijuana Defense Lawyer
We here at Aaron J. Boria, PLLC, are happy to report that we have successfully battled many marijuana cases resulting in several dismissals including dismissal for the scenario where a medical marihuana patient was charged with a marijuana crime.
If you have been charged with a crime contact criminal defense lawyer, Aaron J. Boria today for a free consultation (734) 453-7806
Finally, no I am not spelling “marijuana” incorrectly. It is Marihuana under the Michigan Medical “Marihuana” Act.