While the Medical Marijuana Licensing Board and other entities can impose certain sanctions on licensees, there are some things that they cannot do. Except in circumstances that are otherwise provided, a licensee and its agents are not subject to certain penalties. This protection from Michigan medical marijuana prosecution and sanctions is vital to assuring that local business owners can provide the much-needed service that they do, without fear of persecution or interference from law enforcement. If you want to know more about what protections you are afforded, get in touch with a knowledgeable medical marijuana lawyer that can fight tirelessly to protect your rights.
Protections for Licensed Business OwnersBusiness owners with commercial medical marijuana licenses are not subject to criminal or civil penalties related to marijuana at the state or local level. However, is is important to note that the Medical Marijuana Facilities Licensing Act does not protect licensed individuals who face federal charges. The federal government can still prosecute those who break federal laws related to controlled substances.
In addition, these parties are protected from inspection or search, unless it is one authorized by the Marijuana Licensing Act and seizure of real or personal property, including marijuana, based on a marijuana offense.
Those with licenses also cannot face a sanction, denial of a privilege, or disciplinary action based on marijuana-related offenses. Licensed commercial entities are not subject to inconsistent provisions in acts such as the Nonprofit Corporation Act, the Business Corporation Act, the Uniform Partnership Act, the Michigan Limited Liability Company Act, and the Michigan Revised Uniform Limited Partnership Act.
Protections for Those Leasing to a License HolderThose who have licenses are not the only ones with protection from Michigan medical marijuana prosecution and sanctions. A property owner or lessor will not face criminal penalties, prosecution, inspection, search or seizure, or other sanctions if they lease the property to a license holder and are unaware of the licensee's violation of the Marijuana Licensing Act.
These property owners or lessors cannot face state or local civil and criminal penalties, nor will they be subject to inspection and search. The only situation in which inspection will be authorized is if the municipality, the department, or law enforcement conduct a search under the Act.
So long as they purchase the quantity of marijuana within the legal limit from a provisioning center, registered patients and caregivers cannot be sanctioned for their purchase. In addition, a registered primary caregiver cannot be sanctioned for transporting 2.5 ounces or less of marijuana to a testing facility.
What a State License can doIf a person has a state license, they can do things within the scope of this license. These tasks might include:
If an individual is persecuted for doing things within that scope, they should get in touch with a Michigan medical marijuana attorney that can protect their rights.
Contacting an AttorneyProtection from Michigan medical marijuana prosecution and sanctions is vital to ensuring that the medical marijuana industry in Michigan stays legitimate. Without these protections, business owners could be forced to conduct their business in an illegal manner. Doing so would also mean less regulation of product, and less accountability if something does go wrong. These protections ensure that those requiring medical marijuana can purchase and medicate with it without putting their health at risk. If you want to know more about these protections or you feel that your rights as a medical marijuana business owner have been violated, seek the legal services of a qualified attorney.