Medical Marijuana Card Defense

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I was just stopped and ticketed in Clinton Township for posession of marijuana.  I was driving through Mount Clemens when I was flicked and the police officer was a Clinton Township Cop.  He searched my car and found my weed.  I was about to get my medical marijuana card.  What can I do?   I heard that if you have a medical marijuana card or in the process of getting it the case can go away.

Comments

  1. Peter Torrice on September 11, 2014 at 7:15 pm said:

    Thank you for your question on http://www.AllLegalMatters.com. The attorneys at Canu Torrice Law, PLLC run into this issue all the time. We have defended hundreds of clients on marijuana charges since the medical marijuana laws have went through and usually end up with the case being totally dismissed. The Medical Marijuana statute in Michigan is located under MCL 333.26424. This statute outlines all of the Medical Marijuana rules for Michigan.

    However, the relevant portion for your case in Clinton Township, Michigan is the Medical Marijuana defense section. The Medical Marijuana defense statute is located under MCL 333.26428 Sec. 8. This statute states:

    8. Affirmative Defense and Dismissal for Medical Marihuana.

    Sec. 8. (a) Except as provided in section 7(b), a patient and a patient’s primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

    (1) A physician has stated that, in the physician’s professional opinion, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition;

    (2) The patient and the patient’s primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition; and

    (3) The patient and the patient’s primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition.

    (b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

    (c) If a patient or a patient’s primary caregiver demonstrates the patient’s medical purpose for using marihuana pursuant to this section, the patient and the patient’s primary caregiver shall not be subject to the following for the patient’s medical use of marihuana:

    (1) disciplinary action by a business or occupational or professional licensing board or bureau; or

    (2) forfeiture of any interest in or right to property.

    This is the reason why you need an experienced attorney to handle your defense on your case in Clinton Township, Michigan. The lawyers at Canu Torrice Law handle these scenarios constantly and usually can end up with a dismissal on your case. The first thing you need to do is call our office to come in and discuss all of the other circumstances on your case. There are many important aspects that will go into whether we will be able to get your case dismissed. Please call at the number below or send a request for an appointment on the main website at http://www.AllLegalMatters.com

    Thanks!

    Peter A. Torrice
    CANU TORRICE LAW
    32059 Utica Road
    Fraser, MI 48026
    (586) 285-1700
    http://www.AllLegalMatters.com
    peter@AllLegalMatters.com

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