The MMMA and its New Criminal Acts

New legislation has created two new (or one new and another modified) criminal charges that can and will extend from specific violations of the Michigan Medical Marihuana Act (aka MMMA). This new legislation is heard to become effective April 1, 2013; therefore, it is imperative to know what can and will happen if you perform certain acts outside the scope of the MMMA.

It will now be considered a two (2) year felony if an individual is convicted or found guilty of selling medical marijuana to a non-cardholder. MCL 333.2624. Meaning an individual who has certification to use medical marijuana (whether a caregiver or patient) is not allowed to sell to another individual not certified to use medical marijuana as instructed by the MMMA.

New legislation also makes it a criminal misdemeanor for individual patients and/or caregivers to transport medical marijuana that is not in accordance with the new amendment. MCL 750.474. Caregivers and patients must now transport their medical marijuana in a case inside their vehicle’s trunk, or if the vehicle does not have a trunk then the individual must have their marijuana inside a case and placed in an area of the vehicle that is not accessible to that person. It is important to note that the word "case" is not defined nor is it required to lock or be lockable. 

These and other new amendments affect the medical marijuana community. Remember the MMMA has always had restrictions separate and apart from those listed above. Section 7, specifies specific things a patient and/or caregiver can not do, such as smoking marijuana in public or on public transportation. See MCL 333.2647 for a list of do’s and do not’s.

Make sure you know what you can and cannot due with your certification to use marijuana. Know the law, maintain your rights, and remember to always lawyer-up. Josh Jones is here to take your call and help keep you smoking carefree.