Medical Marijuana & Legal Issues

You will be asked to sign a form at the time of your appointment stating that no such issues are pending. A breach of this contract will render any bona-fide patient doctor relationship null and void. A bona-fide patient doctor relationship is a prerequisite to successful affirmative defense cases. Below is the section from the Michigan Medical Marijuana Program if you are curious what exactly the "affirmative defense" is.

Affirmative Defense and Dismissal for Michigan Medical Marijuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana, 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 bone-fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana 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 marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana 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 marijuana or paraphernalia relating to the use of marijuana 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 marijuana 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 marijuana 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 marijuana:

(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.

If you need legal advice feel free to contact John Targowski

John Targowski, P.C.
Legal Advisor/Defense Attorney
www.targowskilaw.com