Michigan Medical Marijuana Info

[420buds]

I found the site I found which explains some facts about the act.

http://site.qualifyingpatient.com/

Thursday, November 6, 2008 2:32 PM

LEGAL USER GUIDE: Basic Facts About Michigan's Prop 1

Keys to Understanding the Michigan Medical Marijuana Law

• Enacted by voters in a landslide election (63%) on November 4, 2008, Prop 1 is now to be cites as the "Michigan Medical Marihuana Act."

• The law states, "The medical use of marijuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act ."

• The law takes effect 10 days after the official declaration of the vote, which is scheduled for November 24, 2008. Expect this law to take effect December 4, 2008.

• The Department of Community Health has 120 days from the effective date of the new law to establish rules and commence issuing Registry ID cards. That's April 2, 2009.

• The Act gives the Michigan Department of Health the duty to issue Registry ID Cards, which will take a maximum 20 days to get. Registry information is strictly confidential, and cannot be used as probable cause or to target you or your primary care giver. If the Department gives out your identifying information inappropriately, it is a crime.

• If Registry ID Card is not issued within 20 days after proper application, the qualifying patient may "self-issue" by executing a notarized statement, available the Free Form Bank, and keeping it on hand. This is called an Affidiavit in lieu of Registry Identification Card.

• To get a Registry ID Card the patient must get a written certification from a doctor stating the patient's debilitating medical condition and stating that, in the physician's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. The certificate is available at the Free Form Bank.

• Doctors are the unquestioned gatekeepers to access. No court can second guess their professional judgment. The law provides that the Physician (MD or Osteopath) is immunized against legal or professional sanctions.

• Benefit of Participation in the Formal Registry: A registered "Qualifying Patient", and a designated "Primary Caregiver", who have in their possession Registry ID Cards, enjoy rebuttable presumptions of legitimacy. This creates a prophylactic immunity from arrest.

• A designated "Primary Caregiver" must be at least 21with no prior felony convictions involving illegal drugs, and can cultivate 12 plants (kept in a locked facility), and possess 2.5 oz. of marijuana, for each of up to 5 patients.The law specifically bars arrest, prosecution, criminal or civil penalty, disciplinary action, and bars seizure or forfeiture of medical use marijuana. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount

• A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marijuana. Any such compensation shall not constitute the sale of controlled substances.

• A registered "Qualifying Patient" may possess 2.5 oz. of marijuana for medical use, and can cultivate 12 plants (kept in a locked facility) unless a "primary caregiver" has been designated. The law specifically bars arrest, prosecution, criminal or civil penalty, disciplinary action, and bars seizure or forfeiture of medical use marijuana.

• "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.

• Bystanders merely in the presence or vicinity of the medical use of marijuana in accordance with the Act, or assisting a registered qualifying patient with using or administering marijuana, and suppliers of paraphernalia are legally protected under state law too.

• A stand alone "Medical Purpose Affirmative Defense" is established by the Act. It protects patients and primary caregivers, even if they do not have Registry ID Cards. Defendants with charges pending on December 4, 2008 may use this defense. This defense very liberal, easy to prove, and fully explained in "The Essentials of the Affirmative Defense", which is available, along with a model Motion to Dismiss and Affidavit in Support at the Free Form Bank.

• This umbrella Affirmative Defense is the key to the Act. Using this defense, the specific limits give way to a reasonableness standard;not more than is 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

• All other acts and parts of acts inconsistent with this act do not apply to the medical use of marijuana as provided for by this act. This protects driver's, not under the influence, from Michigan's OWI law (MCL 257.645), which makes it a crime for drivers to have any amount of a controlled substance in their body, even if it has been weeks or months since they used marijuana.

• Parental Rights are protected. A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

• Disqualifying Factors that preclude protections under the Act

1. 1. Smoking marijuana "in any public place";
   2. Smoking marijuana on any form of public transportation;
   3. Any use by a person who has no serious or debilitating medical condition;
   4. Any conduct where being under the influence would constitute negligence or professional malpractice per se;
   5. Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.
   6. Any use or possession in a school bus;
   7. Any use or possession on the grounds of any preschool, primary, or secondary school;
   8. Any use or possession in any correctional facility
      

• Under the Act, Doctors are able to certify qualifying patients for an expansive list of specified debilitating medical conditions, plus any other "chronic or debilitating disease or medical condition or its treatment that produces..." symptoms or side effects like appetite loss, severe and chronic pain; severe nausea, seizures, severe and persitant spasms.

• Doctors can also make statements (written or oral) that support asserting the Affirmative Defense for an unlimited number of other serious for debilitating medical conditions. The Affirmative Defense applies so long as a physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or its symptoms.

• List of Some Debilitating Medical Conditions Specified in the Statute:

1. Cancer
2. Glaucoma
3. Positive HIV
4. AIDS
5. Hepatitis C
6. Amyotrophic lateral sclerosis (ALS is Lou Gehrig's Disease)
7. Crohn's disease
8. Agitation of Alzheimer's disease
9. Nail patella
10. Epileptic seizures
11. Multiple Sclerosis (MS)

It looks like as long as your doctor certifies that you have a "serious medical condition" that you're eligible. Discuss.

[halfO]

thanks so much for this man,
im going to get my card asap.

+REP

[halfO]

everyone needs to see this.


BUMP!

[metallica2k1]

Thanks for posting. I most likely won't ever get a card for what I use MJ for (IBS and Insomnia), but I'm glad people can get it if they need it here now.

[ThisBudsForYou]

Metallica2k1, IBS is a serious thing. Your dr. could make a case for innappetite or nasuea of the chronic variety, caused by this. My moms has it and she gets FMLA benefits at work because of that. This law is amazing, I cant wait.

[thebigd^]

Ahh, good old #7 on the List of Some of the Diseases.. that's the only up to this worthless damn disease.

Edit: IBS is a form of UC and Chrones, not as serious, but just as debilitating. You'll get a card .

[swaptrex]

Once the law goes into effect, how would one find out what doctors are more likely to give you a card? I'll drive all over the state lol.

[DaPharaoh]

anyone know if you can sign up to be a caregiver and then they will assign you a patient or if you have to know the patient before they sign up for there card. i have always wanted to be a caregiver, since i enjoy growing more than actually smoking.

[Pilsbury dBoy]

My allregies probably wont get me any sweet mary jane

[AimedForDeath]

Originally Posted by DaPharaoh

anyone know if you can sign up to be a caregiver and then they will assign you a patient or if you have to know the patient before they sign up for there card. i have always wanted to be a caregiver, since i enjoy growing more than actually smoking.

From what I have gathered you just sign up for one or more patients that you already know.


Also, to the rest of you that are asking "What's the easiest way to get a card" or "How can I get one without having any illness"...

Get fucking real. Why the fuck would you abuse the system? This is meant to help the people that really need it. People worked DAMN hard to get this shit put into legislation and jackasses like you are going to fuck it up. This state needs to set an example that medical marijuana is VERY plausible and it can really help people. Once this is shown to the rest of the U.S., then maybe they will see that marijuana in general is not bad what-so-ever. But until I think we need to respect the system.

I will not get a card as a patient. But I do plan on becoming a care giver.

Once again, to those of you who are just looking to abuse the system, you might as well just go to the nearest bridge and jump off of it.

-AFD

[OrganicFlowers]

Originally Posted by AimedForDeath

From what I have gathered you just sign up for one or more patients that you already know.


Also, to the rest of you that are asking "What's the easiest way to get a card" or "How can I get one without having any illness"...

Get fucking real. Why the fuck would you abuse the system? This is meant to help the people that really need it. People worked DAMN hard to get this shit put into legislation and jackasses like you are going to fuck it up. This state needs to set an example that medical marijuana is VERY plausible and it can really help people. Once this is shown to the rest of the U.S., then maybe they will see that marijuana in general is not bad what-so-ever. But until I think we need to respect the system.

I will not get a card as a patient. But I do plan on becoming a care giver.

Once again, to those of you who are just looking to abuse the system, you might as well just go to the nearest bridge and jump off of it.

-AFD

So you're not going to smoke or ingest any of the buds you grow? Or say that your own personal stash is really for the patient you're caring for? Has someone asked you to be their caregiver? And if not then why are you so eager to be one?

Sounds like you are abusing the system a wee bit too.

[swaptrex]

Originally Posted by AimedForDeath

From what I have gathered you just sign up for one or more patients that you already know.


Also, to the rest of you that are asking "What's the easiest way to get a card" or "How can I get one without having any illness"...

Get fucking real. Why the fuck would you abuse the system? This is meant to help the people that really need it. People worked DAMN hard to get this shit put into legislation and jackasses like you are going to fuck it up. This state needs to set an example that medical marijuana is VERY plausible and it can really help people. Once this is shown to the rest of the U.S., then maybe they will see that marijuana in general is not bad what-so-ever. But until I think we need to respect the system.

I will not get a card as a patient. But I do plan on becoming a care giver.

Once again, to those of you who are just looking to abuse the system, you might as well just go to the nearest bridge and jump off of it.

-AFD

STFU as the previous poster said I am sure you have abused the system simply by smoking marijuana illegally in the past... if you don't like the question, simply don't address it. kthxbye

[420buds]

There are many "serious medical conditions" that can be treated with marijuana. I don't think that someone who has a common cold or other minor illness will be able to get an ID card as those are not a serious medical condition. Sure, there will be some people who want to get an ID card who do not really qualify, but there seems to be some gray areas. Doctors are the ones who must look at the patient's medical history and symptoms and then make a judgement call on if the patient could medically benefit from marijuana, that's the bottom line imo.

Does anyone know what qualifies a "Primary Caregiver." I am under the assumption that it means immediate family, but what then would a patient do if living alone, had no family/friends to take care of them?
If this term can be applied to those, for example, who work or looking to work in a home care situation, then we can talk. I am in the process of consulting with a lawyer to figure this whole thing out.

I am starting a Home Care Company which would basically provide direct care (medical and non-medical) to patients in need; if the primary caregiver title works out under this category,
the caregivers would be allowed to cultivate up to 12 plants per/patient. My angle here is less on profit, and more on helping those in need so they wouldn't have to go through shady dealers, including the corrupt medical system/pharmacies that would cause insurance trouble for someone who really doesn't need to deal with that kind of stress.
I understand most people in these forums aren't experienced care givers or medical professionals, (I already have a team of them ready), What I am looking for is a Business Partner or employee interested in marketing, etc.

[AimedForDeath]

Originally Posted by OrganicFlowers

So you're not going to smoke or ingest any of the buds you grow? Or say that your own personal stash is really for the patient you're caring for? Has someone asked you to be their caregiver? And if not then why are you so eager to be one?

Sounds like you are abusing the system a wee bit too.

Oh yes, I most definitely will smoke some of my personal buds. But that is different then simply going and getting a card to smoke like a fiene. I personally do have someone on these boards who I can be a caregiver for also, thank you very much.

Originally Posted by swaptrex

STFU as the previous poster said I am sure you have abused the system simply by smoking marijuana illegally in the past... if you don't like the question, simply don't address it. kthxbye

Actually no I have not abused the system, as THERE IS NO SYSTEM YET. I will address any question I want. Also you have 13 posts, I would be careful what you say, we don't allow the disrespect you are showing, around here. You don't even sound of the age to be on our boards. But with that said, you will be reported and I'm sure it will be dealt with quite swiftly.


As for Organic Flowers, thank you for presenting your opposition in a polite manner instead of like this "swaptrex" fool after you.

-AFD