Pubdate: Mon, 18 Oct 2010
Source: Press and Guide (Dearborn, MI)
Copyright: 2010 Press and Guide
Contact:  http://www.pressandguide.com/
Details: http://www.mapinc.org/media/5196
Author: Austen Smith, For the Press & Guide
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

GOT POT?: HOW DOES IT ALL WORK?

To use medical marijuana in Michigan, a qualifying patient must start 
at the state level by submitting an application form that is 
available online along with a check for $100.

Once that application is sent into the Michigan Medical Marihuana 
Program, a division of the Department of Community Health, a review 
of that application will take place over the next 15 days and then an 
acceptance or denial letter will be issued to the applicant.

Sounds simple enough, right?

But due to an overwhelming number of applicants that has led to a 
three-month backlog, the limited staff at the MMMP have allowed 
potential medical marijuana patients to use a copy of their completed 
application, along with a canceled check to the state, to serve as a 
temporary registration card while the application is pending.

Department of Community Health spokesman James McCurtis said the 
provision is acceptable according to the act and is necessary as 
staff members work the lengthy backlog.

"If you don't receive a denial letter, you can use your application 
and the canceled check showing that you have submitted the necessary 
paperwork and that your application is pending," McCurtis said. "If 
you are using medical marijuana without either a registration card or 
those other things, then you would be breaking the law. It's not 
enough to have a doctor's recommendation and show that to a primary caregiver."

Here are some other frequently asked questions when it comes to the 
Michigan Medical Marihuana Act:

How and Where Do I Get Medicine?

The MMMA provides a structure for medical marijuana patients to 
establish a relationship with a designated caregiver, somebody who 
grows marijuana plants using raw materials purchased on their own.

The designated caregiver can grow up to 12 plants for each qualifying 
patient up to a five-patient limit. Patients are allowed to have up 
to 2.5 ounces of marijuana on them.

McCurtis said if a registered patient was caught with more than 2.5 
ounces, than he or she would be breaking the law and wouldn't be able 
to rely on the MMMA as a defense.

In an interesting wrinkle, the caregiver doesn't necessarily need to 
be registered with the state as a patient; not all caregivers are 
patients and vice-versa. There is a separate process by which a state 
resident can apply to be a caregiver only, but it's unlawful for that 
designated caregiver to use the marijuana grown for his or her patients.

Some people have wondered if there could be instances in which 
caregivers who are not patients are using their own product for 
recreational purposes.

"Then that person would be breaking the law," McCurtis said.

How Much Does It Cost?

Caregivers are allowed to receive "reasonable compensation" for 
medicine, a provision that may be open to interpretation, but 
McCurtis said caregivers are allowed to accept only enough 
compensation to cover the cost of the raw materials and the 
production. He added that it's unlawful for caregivers to make a 
profit from distributing medical marijuana.

McCurtis said it's possible that some caregivers could be charging 
more, but that person would be in violation of the act.

As for communal treatment facilities, such as dispensaries, they are 
generally set up as nonprofit organizations and receive private 
donations to pay for things such as utility costs and property taxes.

The act itself is "silent" on the issue of dispensaries, McCurtis said.

How Are These Laws and Regulations of The MMMA Enforced?

The MMMP enforces the registration process, ensuring applications are 
complete before issuing a registry identification card, terminating 
incomplete or fraudulent applications, and revoking cards if 
individuals commit violations of the act.

The MMMP verifies the validity of a registration card of patients and 
caregivers with local and state law enforcement if they call the MMMP 
requesting such information. Local and state law enforcement 
personnel may take any action they believe to be necessary to enforce 
the criminal laws of the state, including violations of the act.

The MMMP has no authority to direct the activities of local and state 
law enforcement.

For more information on the Michigan Medical Marihuana Act and 
Michigan Medical Marihuana Program, visit the website, www.michigan.gov/mdch. 
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MAP posted-by: Richard Lake