GOT POT?: HOW DOES IT ALL WORK?

To use medical marijuana in Michigan, a qualifying patient must start
at the state level by submitting an application form that is
available online along with a check for $100.

Once that application is sent into the Michigan Medical Marihuana
Program, a division of the Department of Community Health, a review
of that application will take place over the next 15 days and then an
acceptance or denial letter will be issued to the applicant.

Sounds simple enough, right?

But due to an overwhelming number of applicants that has led to a
three-month backlog, the limited staff at the MMMP have allowed
potential medical marijuana patients to use a copy of their completed
application, along with a canceled check to the state, to serve as a
temporary registration card while the application is pending.

Department of Community Health spokesman James McCurtis said the
provision is acceptable according to the act and is necessary as
staff members work the lengthy backlog.

"If you don't receive a denial letter, you can use your application
and the canceled check showing that you have submitted the necessary
paperwork and that your application is pending," McCurtis said. "If
you are using medical marijuana without either a registration card or
those other things, then you would be breaking the law. It's not
enough to have a doctor's recommendation and show that to a primary caregiver."

Here are some other frequently asked questions when it comes to the
Michigan Medical Marihuana Act:

How and Where Do I Get Medicine?

The MMMA provides a structure for medical marijuana patients to
establish a relationship with a designated caregiver, somebody who
grows marijuana plants using raw materials purchased on their own.

The designated caregiver can grow up to 12 plants for each qualifying
patient up to a five-patient limit. Patients are allowed to have up
to 2.5 ounces of marijuana on them.

McCurtis said if a registered patient was caught with more than 2.5
ounces, than he or she would be breaking the law and wouldn't be able
to rely on the MMMA as a defense.

In an interesting wrinkle, the caregiver doesn't necessarily need to
be registered with the state as a patient; not all caregivers are
patients and vice-versa. There is a separate process by which a state
resident can apply to be a caregiver only, but it's unlawful for that
designated caregiver to use the marijuana grown for his or her patients.

Some people have wondered if there could be instances in which
caregivers who are not patients are using their own product for
recreational purposes.

"Then that person would be breaking the law," McCurtis said.

How Much Does It Cost?

Caregivers are allowed to receive "reasonable compensation" for
medicine, a provision that may be open to interpretation, but
McCurtis said caregivers are allowed to accept only enough
compensation to cover the cost of the raw materials and the
production. He added that it's unlawful for caregivers to make a
profit from distributing medical marijuana.

McCurtis said it's possible that some caregivers could be charging
more, but that person would be in violation of the act.

As for communal treatment facilities, such as dispensaries, they are
generally set up as nonprofit organizations and receive private
donations to pay for things such as utility costs and property taxes.

The act itself is "silent" on the issue of dispensaries, McCurtis said.

How Are These Laws and Regulations of The MMMA Enforced?

The MMMP enforces the registration process, ensuring applications are
complete before issuing a registry identification card, terminating
incomplete or fraudulent applications, and revoking cards if
individuals commit violations of the act.

The MMMP verifies the validity of a registration card of patients and
caregivers with local and state law enforcement if they call the MMMP
requesting such information. Local and state law enforcement
personnel may take any action they believe to be necessary to enforce
the criminal laws of the state, including violations of the act.

The MMMP has no authority to direct the activities of local and state
law enforcement.

For more information on the Michigan Medical Marihuana Act and
Michigan Medical Marihuana Program, visit the website, www.michigan.gov/mdch.