Michigan

Michigan’s medical marijuana law, Proposal 1, was passed by voters in 2008 with 63 percent of the vote. It permits qualifying patients to possess up to 2.5 ounces of useable marijuana and 12 plants.

HIV, AIDS, hepatitis C, glaucoma, ALS, cancer, Crohn's disease, agitation of Alzheimer's disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, and multiple sclerosis are among the conditions for which medical marijuana treatment is permitted.

More than 125,000 patients have registered with the state.

In Feb. 2013, the Michigan Supreme Court ruled the sale of medical marijuana cannot be conducted in a business setting, despite the fact that it’s permitted under state law.

The ruling found that “defendants are not entitled to operate a business that facilitates patient-to-patient sales of marijuana.”

The case involved a Mount Pleasant dispensary, Compassionate Apothecary, which the court ruled was not protected under the Michigan Medical Marijuana Act, and therefore could be shut down as a public nuisance for violating Michigan’s public health code.

About 100 marijuana dispensaries opened in the state following passage of the law in 2008; the ruling left their future uncertain. Michigan Attorney General Bill Schuette indicated he would send a letter to Michigan’s 83 county prosecutors, instructing them to file similar nuisance complaints against medical marijuana dispensaries operating in their jurisdiction. The ruling had some Michigan lawmakers returning to the drawing board, with promises of legislation to legalize dispensary operation.

Meanwhile, a number of medical marijuana dispensaries were forced to close their doors after receiving cease and desist letters from the Jackson County prosecutor, where 18 dispensaries had been identified.

In each of the states where medical marijuana has been legalized, it’s incumbent upon patients and business owners to assert their legal rights. Our Los Angeles dispensary attorneys encourage all dispensaries and collectives to have an experienced law firm as a critical member of the management team.

Medical marijuana has been legalized by a vote of the people in Michigan (and by a sizeable margin). However, lawmakers are slow to react – even those elected officials who are charged with carrying out the will of the electorate. Even in areas where local law enforcement abides by state law, federal enforcement action remains a threat. Despite the fact that the Obama Administration took office indicating enforcement of federal marijuana laws would not be a priority in states where medical marijuana is legal, a significant number of raids and prosecutions continue to occur. The U.S. Attorneys Office and the Internal Revenue Service remain particularly active and the federal government continues to pressure banks and landlords, which can make it difficult for legitimate marijuana businesses to continue to operate.

Medical marijuana’s hazy future, The South End, Feb. 19, 2013.

Medical marijuana dispensaries would be legalized under proposal from Michigan lawmaker, mlive, Feb. 14, 2013.