MMMA Criminal Acts Identified & Outlined
The Michigan Medical Marihuana Act (aka MMMA) has enumerated criminal violations listed within the statute, brining about MMMA criminal acts. Some of the MMMA criminal acts are not found specifically within the MMMA, but rather within the Michigan penal code, which makes for an interesting discussion.
However, there is one enumerated MMMA criminal act within the statute. If convicted, an individual faces a two (2) year felony if an when found guilty of selling medical marijuana to a non-cardholder. MCL 333.2624. This means that an individual who has a valid and designated MMMA card, which allows them to use and possess medical marijuana (whether a caregiver or patient); however, it does not allow them sell to another individual not certified or designated under the MMMA to use or possess medical marijuana as instructed by the statute. Therefore, one of the MMMA criminal acts strictly forbids the selling or transferring for monies to someone outside of the MMMA.
One of the other MMMA criminal acts, as mentioned above, is found outside the MMMA. The statute provided that patients and/or caregivers are to transport their medical marijuana in accordance with MCL 750.474. The statute states that caregivers and patients must transport their medical marijuana in a case inside their motor 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. However, there are numerous defenses against this particular charge. There have been positive trial court decisions and opinions indicating that this may be an improperly enacted statute, and thus it is imperative to contact a Michigan Marihuana Lawyer whenever you are charged with improper transport of marijuana.
These are two of the MMMA criminal acts; however, what is not found within the MMMA are those criminal acts involving traditional marijuana. The difference between medical marihuana and marijuana is slight, but when speaking outside the MMMA there are numerous other criminal acts that can or do theoretically involve the MMMA, i.e. MMMA patients and caregivers are charged under traditional marijuana statutes. Remember, the MMMA also has Section 7, which specifies specific things a patient and/or caregiver can and cannot 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.
Marijuana can create numerous problem, and sadly these problems do not always disappear when obtaining a MMMA card here in the State of Michigan. However, that does not mean there is no way to smoke care free. Avoiding the MMMA criminal acts, as discussed above, is the first step to carefree smoking. The next? Knowing the law, maintaining your rights, and remembering to lawyer-up. Josh Jones is here for you 7-days a week and always has your back.
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