Michigan Medical Marijuana Compliance Checks Reviewed & Explained
Michigan’s medical marijuana program has seen many changes over the years, which has brought about an increase in medical marijuana compliance checks. These medical marijuana compliance checks have seemingly increased since the medical marijuana program here in Michigan has provided grants to numerous counties through the State. To begin this discussion on medical marijuana compliance checks, it is worth noting that there is no State statute or law requiring these compliance checks to occur, except for those falling under the medical marihuana facilities act. However, there have been numerous local municipalities that have been attempting to or are passing local laws that require individuals (patients and caregivers) to submit to these medical marijuana compliance checks. Again, the issue I am discussing right now does not include the new State law requiring checks for those falling under the Medical Marihuana Licensing Act, but instead this conversation focuses on normal medical marijuana patients and caregivers.
If an individual patient or caregiver is ever approached by law enforcement and asked to submit to a medical marijuana compliance check, the individual must remember they are not required to consent that request. You are allowed to tell the officer “no.” This even applies in those areas where local laws have attempted to enact an ordinance requiring medical marijuana compliance checks to take place. State law, generally, trumps local laws when they are in conflict with one another. Therefore, the Michigan Medical Marihuana Act would take precedent, and the individual again is not required under the Act to submit or consent to a medical marihuana compliance check. Generally, the only time an individual is required to consent to a check or a search (which is what a medical marihuana compliance check is), is when an officer has a valid search warrant for the particular place, person or thing they are requesting to look at or search.
So the question then becomes, what does an individual patient or caregiver do when they are approached and asked to submit to a medical marijuana compliance check? The answer: stand your ground, continue to indicate that you are not consenting to the medical marijuana compliance check, that you will not allow them to enter, and then attempt to end the interaction between yourself and the officer. The result of standing your ground can vary depending on the situation and the circumstances of the individual incident. You could be arrested, the police could force their way into your home, the could simply leave, or other things could occur. The most important thing to do is to maintain your innocence or silence, ensure that they know you are a valid medical marijuana cardholder, and that you have not consented to their medical marijuana compliance check. If you are arrested or a search ensues, it is imperative to contact counsel immediately thereafter. The mere fact that officers do what they believe is legal does not negate that fact that you may or could have a defense later in a court of law. However, if you consent or allow them to perform their compliance check (meaning you agreed for them to) then you will be in a completely different situation than if you maintain your ground and denied consent.
Whenever you are involved or believe to be involved in these types of situations you want to never rely on the opinions and statements on this website or any other site on the internet. Instead, you want to obtain counsel and seek their professional opinion and assistance. They can and will be able to help once they have been able to obtain necessary facts about your case.