“the hubbard law firm is taking the lead in working with communities to develop sound policies to...
TRANSCRIPT
“The Hubbard Law Firm is taking the lead in working with communities to develop sound policies to address Medical Marihuana.” - Terri Murphy Michigan Municipal League
The Unassailable Facts of MMMA-The MMMA was approved by a majority of voters in every
Michigan county with an overall approval of 63%.
- The Federal Government has determined not to expend “federal resources on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for
the medical use of marijuana.” Deputy US Attorney General David Ogden Oct. 19, 2009
- “No law adopted by the people at the polls under the initiative provisions . . . shall be amended or repealed, except by a vote of the electors.. . . or by three-fourths of the members elected to
and serving in each house of the legislature.” Mich. Const. 1963 Art. 2 Sec. 9- It is not the function of local government to determine whether medical marihuana has medicinal value or not. Its use for that purpose is legal in Michigan.
MMMA Authorized Activities: Registered Patients and
CaregiversPatient without
a Primary CaregiverAcquire
Possess 2.5 ounces and 12 plants
Cultivate
Manufacture
Use
Deliver
Transfer
Paraphernalia
Patients with a Primary
Caregiver Acquire
Possess 2.5 ounces
Use
Deliver
Transfer
Paraphernalia
Primary Caregiver/ Patient Plus 5
PatientsAcquire
Possess 15 ounces and 72 plants
Cultivate
Manufacture
Use
Deliver
Transfer
Paraphernalia
Primary Caregiver
Acquire
12 Plants per Connected
Patient
Cultivate
Manufacture
Deliver
Transfer
Paraphernalia
MMMA Authorized Activities: Non-Registered Persons
Non-Registered Persons
Providing Paraphernalia
Presence or Vicinity of
Medical Use
Assisting in use or
administration of
Marihuana
Qualifying Patient
Primary Caregiver
Qualifying Patient
THE NEW LEXICON OF MEDICAL MARIHUANA
PRIMARY vs. SECONDARY CAREGIVER
DISPENSARY
COMPASSION CENTER
CANNIBUSINESS
MEDICAL MARIHUANA. . .LAND USE
Conflict Between Communities
Conflict Within a Community
Zoning for a New Use
Non-Residential
Residential
ProblematicDefensible
Basis
Use by Right
Residential Non-Residential
Home Occupation(Accessory
Use)
Conditional Use
MMMA: What are your Community Options?
What are your Community Goals?
Deprive MMMA Rights
What is your Community
Prevented from Doing?
Rely on your Current Ordinance &
Wait
Do Nothing
RegulateProhibit
Proactive