Cannabis On Craigslist: A Prosecutor’s Dream

  • by Allen St. Pierre, Former NORML Executive Director June 10, 2011

    Michigan Medical Marijuana Act: Keep Your Business and Medicine Legal

    By Matthew Donigian, NORML Legal Intern, University of Illinois — College of Law

    On November 4, 2008 63 percent of Michigan voters enacted the Michigan Medical Marihuana Program (MMMP). Since then the state of Michigan has registered over 75,000 patients, who are now eligible to receive medical marijuana for serious illnesses, including: Cancer, HIV, glaucoma, severe/chronic pain, severe nausea, etc.  Like other states that have passed medical marijuana legislation, Michigan has made it safer for patients to receive the medicine they need. However, marijuana is still far from legal and both patients and caregivers should be sure they understand the limitations of the law.

    Under Michigan law, medical marijuana patients who have been issued a registry identification card are allowed to possess up to 2.5 ounces of marijuana. Additionally, medical marijuana patients are allowed to grow up to 12 marijuana plants. However, patients who choose to grow their own marijuana cannot have a caregiver growing for them.

    Caregivers are required to follow laws similar to those followed by patients. Caregivers are required to register with a patient and the state, and if they are not registered as a patient’s caregiver, they may NOT dispense marijuana to them. Caregivers are allowed to register up to 5 patients and may possess up to 2.5 ounces of marijuana for each of their patients. If a patient has registered a caregiver to cultivate marijuana for them, the caregiver may keep up to 12 plants for that patient.

    Restrictions on the amount of marijuana caregivers may possess can be difficult to follow.

    First, it is difficult to know how much marijuana a plant will yield. This can make it difficult to stay under the 2.5 ounces allowed per registered patient. And since the weight of marijuana fluctuates greatly when the plant is being dried it is difficult to know how much a plant has actually yielded.

    Second, many caregivers use clones of plants when growing a new crop, by taking cuttings from an adult plant and re-rooting them. However, the legality of this process is unclear. Since Michigan law only allows 12 plants per patient, and since clones must be cut before a plant has fully matured, it can be difficult for growers to stay under the number of plants allowed by the law, especially if they are already maintaining 12 plants per patient at the time the clones are cut.

    In order to avoid having more marijuana than the law allows, many growers have begun selling dried marijuana or plants to qualified patients via craigslist. It is important to understand that this practice is ILLEGAL. Caregivers are only allowed to sell marijuana to their registered patients, and any other sale could lead to fines and/or imprisonment.

    Caregivers should re-evaluate their business practices in order to stay in compliance with the law. Their safety and the safety of their patients depend upon it. More information may be attained by visiting Michigan’s online resource for the MMMP or by calling NORML at (202) 483-5500.

    49 responses to “Cannabis On Craigslist: A Prosecutor’s Dream”

    1. Bryan says:

      If MMJ users and providers cannot follow the laws that have been enacted for them and that they themselves fought for, its really going to give the MMJ opposition alot of fodder to get these laws repealed.

      MJ should be legal, as well as MMJ. However until that point we (users) should be on our best behavior. It only takes one dumbass, one major incident relating to MJ for the opposition to slam any MJ reform down.

      MJ reform is growing everyday, lets not waste all that progress by breaking the law in one of the few states that allows for possession of MMJ. The vast majority of the country does not have the luxury or ability to do what some are able to do in other states.

      PS> If you have extra pot, its called smoke it, grind it up and cook with it, grind it up and put in in alcohol. Some might say “well i have 2 oz extra, i cant smoke that, i have to sell it”. Well stop being a money grubbing defeatist, go buy a nice big bong and smoke until the color blue does not exist. I can assure you, you will burn through your extra weed in no time, without selling it on-line and putting your states MMJ and your future at risk.

    2. Bryan w says:

      12 plants sure is a large number for only 2.5 ounces, I can see this being a legal issue in the future as to wether or not the law considers the entire marijuana plant or only the “bud.” one sativa plant considering some can reach up to 6 foot or taller would easily go over this 2.5 ounce amount. I can see where alot of people could potentially be penalized for unintentional wrongdoing, such as having a plant that weighs well over 2.5 ounces but is only producing 1-2 ounces of “bud.”

    3. Jeanne says:

      My God, this is a plant, everyone has their ass in an uproar over a PLANT. What is the matter with you people.ADULTS have the right to smoke anything they want ,hey alchol and cigeretts will kill you better and faster, than this plant will. You people have nothing better to do than go to war on a plant, you have lost your minds!Cannabis is safer tham any perscription you can pass out, to the sick and that makes them sicker.Get off the wagon and make cannabis legal! SICK AND TIRED!!!!

    4. Joel: the other Joel says:

      Which is worse under the law to live by: a registered caregiver, a registered medical marijuana patient, or a registered sex offender?

      Without cannabis legalization, the nation will always be under the influence of the Controlled Substance Act of 1970.

      Legalize Cannabis and enjoy the freedom!

    5. Ned says:

      These laws are a refection of the antipathy and ignorance of lawmakers. These heavily restrictive and micro managing rules are more about pandering to the perceived public fears of mmj by lawmakers than they are meaningful necessary regulation.

      Non commercial home alcohol producers are regulated solely on what amounts of finished product they can produce not how they do it. Home winemakers are restricted on square feet of vines or numbers of vines, just on how many gallons they can make before needing a permit and having to pay excise tax.

      The law is designed to hinder to greatest extent possible rather than enable and accommodate. The rules are completely arbitrary and have no actual demonstrable necessity other than to allow as little as possible while still pretending to be considerate of the need.

    6. […] NORML Blog, Marijuana Law Reform Share and Enjoy: […]

    7. […] online resource for the MMMP or by calling NORML at (202) 483-5500.Resourced: NORMLGot Hemp?Sign upWould you like to know when we are shipping Medical Marijuana in your […]

    8. TheOracle says:

      I’ll make it easy for you all. A $1 a gram cannabis stamp on it from the post office or Mailboxes or some other postal and UPS shipping kind of store, and you have no adverse consequences, not even if you fail a drug test, still get considered or to keep a job.

      For now it could be a state stamp from a private sector mailing and shipping store, and that’ll keep them off your back. It’s just too bad the Feds won’t sell the cannabis stamps at the post offices. The postal service sure as hell could use the propping up from it’s share.

      And when is that Holder going to clarify the federal rules for enforcement in states where it is legal at the state level? (Spare me any bullshit about the federal law trumping state law and cannabis not really being legal. It is de facto and physically and fiscally and financially a part of life and the economy, private and government.) He said “soon.” Well, what does that ever mean: “soon,” before the election, after the election? He has just enough time to tell the international bodies to get together and rewrite international law so that cannabis is no longer prohibited internationally and that it is up to the individual governments to decide about cannabis. Some countries want to legalize. Some countries want prohibition, Middle Eastern countries where alcohol is forbidden, for example. After Holder gets that from them by Labor Day 2011, he can do the same in the U.S. Specifically, you prohibitionist dolts, Holder then in turn says the cannabis prohibition is a state and local enforcement decision in medical states and no money from the budget is allowed to be spent on it in medical states. States had better bitch like hell because the squeaky wheel gets the oil. It’s a waste of federal money and takes away state and local revenues. On the grounds that the Feds can’t possibly afford to pay to prosecute and incarcerate every medical marijuana patient to enforce the federal law from the federal perspective with federal money, you dolts.

      Holder, get on it.

    9. Rather then stating that fact the usage of Marijuana can decrease, eliminate or curb the use of Alcohol, they still insist you buy their drugs to do the same thing with probally less effectiveness. If you don’t think the pharmaceutical profiteers are doing everything to stop the increasing viable, sensible use & legalization of marijuana then read this .

      — Neuropharmacologists ran clinical trials to find that a drug called topiramate is an effective therapeutic medication for decreasing heavy drinking and diminishing the physical and psychosocial harm caused by alcohol dependence. The drug works by blocking the right amount of the feel good effects of alcohol (brought on by increased levels of dopamine), making drinking less enjoyable and thus reducing cravings and helping to stop heavy drinking. Topiramate was also found to lower blood pressure and cholesterol levels which may lead to a decrease in heart disease in alcohol dependent patients.