Interesting FAQ’s From the Michigan Marijuana Program, Caregivers Beware

This article was originally published on the Marijuana Patients Organization site on April 1, 2013.

As our Senator Carl Levin once said, and this article will paraphrase, “I’ll let you make the law and I’ll make the procedures. And I’ll win every time.”

It appears that caregivers are not very well protected according to LARA, the agency headed by the Michigan Attorney General whom administers the medical marijuana program. Proceed at your own risk, unless you are an out of State caregiver then you are ok, says the Registry.

Below are responses by our Attorney General on the State of Michigan’s Frequently Asked Question’s (FAQ) website regarding the Michigan Medical Marihuana Program. What do you think, is he trying to make procedures? Is he winning?

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Question: I sent in a Change Form. How long does it take to receive a new registry ID card? And what do I do between the time I sent my Change Form and 20 days?

Answer: The MMMA does not address a mandated number of days the MMP has to review Change Forms.Therefore, the answer above regarding approved applications does not apply. The patient (and if a caregiver as designated on the Change Form) should receive their new registry ID cards within approximately 60-90 days.

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Question: I am a valid medical marihuana patient under another state’s law. Am I protected?

Answer: Yes, under Section 4(j) of the MMMA, a registry identification card or its equivalent issued by another state government to permit the medical use of marihuana by a qualifying patient or to permit a person to assist with a qualify patient’s medical use of marihuana has the same force and effect as a registry identification card issued by the department.

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Question: Do I have to notify my current caregiver if I change to a new one?

Answer: When the MMP processes a change form to remove a caregiver, the caregiver will receive a notice that their registry ID card for that patient is no longer valid. Prior to receipt of the letter (which can take up to 60 days to receive) the responsibility falls on the patient to communicate with the caregiver to notify him or her that he or she is no longer protected under the law.

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Question: What if I have just been charged with a felony, but not convicted yet?

Answer: It is the responsibility of the caregiver to prove they are eligible at the time the MMP receives a patient’s application. If a background check reveals the caregiver has a pending felony case, they will be deemed ineligible and required to provide proof of the current status or disposition of the case. The caregiver will be deemed ineligible and required to provide updated proof each time they are designated by a patient while the case remains “pending” on the caregiver’s background record.

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Question: How do I know if I am eligible to be a caregiver?

Answer: The MMMA defines a “Primary Caregiver” as a person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

Effective April 1, 2013, in addition to the above, any person designated as a caregiver applications must meet the following criteria:

A person who has not been convicted of any felony within the past 10 years or a felony that is an assaultive crime (listed below) or as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

A person cannot be designated as a caregiver if they have been convicted of any felony within the past 10 years, have been convicted of a felony involving illegal drugs, or have a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a

• Threats/assault against employee of Family Independence Agency
• Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation
• Leading, taking, carrying away, decoying, or enticing away child under 14
• Kidnapping/Prisoner taking person as hostage
• Assault with intent to rob and steal; armed or unarmed
• Larceny of money or other property
• Stalking or aggravated stalking
• Assault with intent to commit felony not otherwise punished
• Terrorism; Violation of the Michigan Anti-Terrorism Act
• Use or possession of dangerous weapon
• Felonious Assault
• Assault with intent to maim
• Attempted murder, 1st degree murder, or 2nd degree murder
• Assault with intent to commit murder
• Assault with intent to commit CSC, or CSC 1st, 2nd, 3rd, or 4th degree
• Felonious Use of Explosives
• Manslaughter
• Mayhem
• Carjacking
• Conduct proscribed under MCL750.81 to 750.89 as felony; intent to commit conduct against a pregnant
individual in order to cause or which leads to a miscarriage or stillbirth, or other harm to the embryo or
fetus

Question: Can patients form growing cooperatives?
Answer: The MMMA does not address this issue. Consult with your local law enforcement agency or seek legal counsel.

 

View the State FAQ Document below:
http://www.michigan.gov/documents/lara/lara_MMP_FAQ_3-13_415525_7.pdf