Legally And Safely Transporting Medical Marijuana.

[tricharious]

First of all I'd like to discuss the new imposition related to the legal transport of medical marijuana. Public Act 460 of 2012:

 

 

Public Act 460 of 2012:

Sec. 474. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health 

 

code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel 

 

unless the usable marihuana is 1 or more of the following:

 

(a) Enclosed in a case that is carried in the trunk of the vehicle.

 

(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person 

 

is traveling does not have a trunk.

 

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 

93 days or a fine of not more than $500.00, or both.

 

The People of the State of Michigan enact:

Sec. 474. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is 1 or more of the following:

(a) Enclosed in a case that is carried in the trunk of the vehicle.

(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

 

This is important.

 

My question is about transporting non-registered passengers in a car with medical marijuana. Does the law state anything about this particular situation? I heard somewhere that all individuals inside the vehicle must be registered during the transport of medical marijuana. Now unless that was state in an earlier act, you'd think it would be listed in this one if it were true. 

Let's clear the air and figure this out once and for all. 

 

[itisi]

The non registered patients being in the vehicle has to do with transporting live plants.  It is an amendment made to the act it self amending the definition of enclosed locked facility.

 

 

.Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

(1) The vehicle is being used temporarily to transport living marijuana plants from 1 location to another with the intent to permanently retain those plants at the second location.

(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marijuana plants belong or the individual designated through the departmental registration process as the primary caregiver for the registered qualifying patient.

[tricharious]

that's what i thought.

[kentuckyrain]

Could someone please help me with a question related to this thread? And did these amendments already take place, if not, does anyone  know the date?

 

Since I have a truck only, without a topper, does that mean I have to enclose it in a case in the bed of my truck,, and hope that the case is not stolen at any red lights I stop for, and if I need to stop at a store then would it be ok to put the case inside my cab temporarily just to lock it up and then take it back out and put it in the bed of my truck again? Sorry but this is confusing for me, will suck this summer if I want to take a trip downstate or even to the UP and not be able to make any stops for gas/food, etc. If anyone has any suggestions on what type of case or where I can obtain one from, I would love the advice,, 

[Dr. Bob]

Ok, the changes take effect 4-1-13.  That answers your first question.

 

Second, in a pickup, you need a locked container.  You can get one at Walmart for $15.  I carry something like that and use a bike lock to secure it to a tie down in the back.  Getting a bed box or something would would 'create' a trunk, and it is lockable.  Unless anyone else has something to say different, I think if you got one of those walmart lockboxes and bike locked it to the rear of the driver's seat frame you would be just fine, gas stops and all.

 

Really not worth stressing over, very easy to comply with the rule.

 

Dr. Bob

[itisi]

Yep there really clearing things up now aren't they.

 

Not sure if this is right or not, but the idea of this is to make sure your not smoking and driving just like the open container law to make sure your not drinking and driving.  Here is how I'm handling it I have a locked case this in it self makes it difficult to access the meds.  I also bought a magnetic key case.  I lock the meds in the case put it behind the seat put the key in the magnetic case stick it in the box of the truck.  I believe this makes inaccessible, but I'm no lawyer.

 

[Dr. Bob]

Yep there really clearing things up now aren't they.

 

Not sure if this is right or not, but the idea of this is to make sure your not smoking and driving just like the open container law to make sure your not drinking and driving.  Here is how I'm handling it I have a locked case this in it self makes it difficult to access the meds.  I also bought a magnetic key case.  I lock the meds in the case put it behind the seat put the key in the magnetic case stick it in the box of the truck.  I believe this makes inaccessible, but I'm no lawyer.

 

Great solution!  And yes, it is very clear.  

 

 

(a) Enclosed in a case that is carried in the trunk of the vehicle.

 

(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person 

 

is traveling does not have a trunk.

[SFC]

If it is behind the seat I wouldn't consider that accessible at all.  In a regular cab pickup it is impossible to get behind the seat while driving and with an extended cab it would be very difficult. I actually think those with hatchbacks and minivans will have a much riskier deal complying with the law.

Edited March 24, 2013 by SFC

[Dr. Bob]

Accessible has two meanings.

 

One is that you can 'reach' it, the other is that you can get at the contents.

 

In this case, the meaning is clear.  Access the contents.

 

Dr. Bob

[SFC]

So any case or container behind that completely unaccessible seat in the truck should fly. At very least I am fairly confident a decent attorney would have no trouble winning that..

Edited March 24, 2013 by SFC

[Dr. Bob]

So any case or container behind that completely unaccessible seat in the truck should fly.

 

Where can you carry a pistol in a van?  You can carry cannabis in the same location.  Go to walmart and get the hunting guide handout, it is right there.

 

Dr. Bob

[SFC]

 I am not talking about the vans, the seats in a pickup have storage behind them that is not accessible in a similarly to a trunk.

[+Malamute]

If you have a trunk. it MUST be int he trunk.

 

Trucks, Minivans, motorcycles and hatchbacks are generally the only ones that have interesting compliance issues. ANYTHING locked is top notch and more than needed by any legal standard.  Out of reach back of vehicle in a case recommended i guess. :-)

 

I think the pickups are covered there well beyond compliance. :-)

[+Malamute]

Btw, i find this to be one of the most retarrded things ever.  Hopefully someday we can get this crap changed.

[Dr. Bob]

I am talking about both.  The only problem I see to having a locked case in the back of a van or behind the seat is if an argument could be made that the driver could pass the key back to a passenger who could in turn access the case.  But as you said, I think ANY attorney could demolish the argument unless a passenger was caught in the act of doing it by LEO.

 

Dr. Bob

[kentuckyrain]

Ok, the changes take effect 4-1-13.  That answers your first question.

 

Second, in a pickup, you need a locked container.  You can get one at Walmart for $15.  I carry something like that and use a bike lock to secure it to a tie down in the back.  Getting a bed box or something would would 'create' a trunk, and it is lockable.  Unless anyone else has something to say different, I think if you got one of those walmart lockboxes and bike locked it to the rear of the driver's seat frame you would be just fine, gas stops and all.

 

Really not worth stressing over, very easy to comply with the rule.

 

Dr. Bob

 

 

Ok, the changes take effect 4-1-13.  That answers your first question.

 

Second, in a pickup, you need a locked container.  You can get one at Walmart for $15.  I carry something like that and use a bike lock to secure it to a tie down in the back.  Getting a bed box or something would would 'create' a trunk, and it is lockable.  Unless anyone else has something to say different, I think if you got one of those walmart lockboxes and bike locked it to the rear of the driver's seat frame you would be just fine, gas stops and all.

 

Really not worth stressing over, very easy to comply with the rule.

 

Dr. Bob

Ok,, thank u so much,,,

[Ms Chocolate]

Public Act 460 of 2012 does not require a lock, not that anything has to be locked.

 

It would be wise, but not required.

[+Malamute]

Exactly.  No lock required, but it is kinda like shoving it in the cops face good. :-) (but not really shove it)  Hahaha... But definitely make ya feel like ya can say "peee off".

Public Act 460 of 2012 does not require a lock, not that anything has to be locked.

 

It would be wise, but not required.

[itisi]

No locks required agreed, I just figure better safe then sorry.  If I'm ever in the position where LEO finds me to be transporting medical marijuana I want there to be no question as to weather I'm in compliance.

[ozzrokk]

And I believe the transporting meds part is in affect NOW.....

[tricharious]

It's simple, get a small fire-safe security box... they have locks and would carry at least an ounce or more. They are discrete and easy to transport. Carry it in the trunk. Those without trunk would be required to use the bed of truck. SUV is different story not sure about that.

[Ezrah]

I have always used a backpack, I just added a padlock to the zippers so now its cant be unzipped without the lock being opened.   To me locking it up avoids  any debate and that is awalys me goad 3 dollar lock,done and done.

[BirdHunter]

The law says "enclosed in a case" rather than "locked".

 

If you are going to a lock, get a combination lock. The police can't steal yout combination and lie saying you gave it to them like they do keys.

 

Whenever they get you to hand over keys they take that as permission to search.

 

Combinations are more secure.

[ozzrokk]

The law says "enclosed in a case" rather than "locked".

 

If you are going to a lock, get a combination lock. The police can't steal yout combination and lie saying you gave it to them like they do keys.

 

Whenever they get you to hand over keys they take that as permission to search.

 

Combinations are more secure.

Very well stated all of it.

[Dr. Bob]

It also says 'inaccessible'.  Let's not get involved in splitting frog hairs.  Read it as locked.  Because sure as shootin if you just have to unsnap a latch they will say it is 'accessible'.

 

Dr. Bob