Medical marijuana became legal in Michigan after being overwhelmingly approved by voters though smoking a joint could despite this get a patient arrested as the regulations for their protection will take a few months to be prepared. This new law approved by voters in November allows patients with cancer, HIV, AIDS, glaucoma, and other diseases to use marijuana to relieve their symptoms on a doctor's recommendation.

The patients who qualify for this facility can register with the state and receive ID cards which would allow them to legally acquire, possess, grow, transport and use a limited amount of marijuana which is no more than 2.5 ounces and 12 plants. They also can designate a primary caregiver to receive similar protection. The cards will be issued sometime next year after the Department of Community Health introduces guidelines addressing how applications will be handled, what fees will be charged, and other issues with a deadline of April 4. Till this time anyone possessing marijuana can be arrested and prosecuted, including patients who later could qualify for the program although the law allows patients to use a medical justification defense at trial.

Jim Valentine, chief of police in Lowell and first vice president of the Michigan Association of Chiefs of Police said, "We have this void where this takes effect now, but there are no rules, regulations or guidance for the people who want to use it or the people who enforce the laws."

Until the issuance of the cards Chief Valentine said officers will arrest marijuana users even if they claim to be patients awaiting the card and let the prosecutor decide whether to pursue charges.

"I think we would be doing things backwards if we based our actions on what might happen at the court level," Chief Valentine said.

Michigan is the 13th state to allow medicinal use of marijuana, though the state does not specify how a patient can obtain it as it is illegal to sell marijuana even to a registered patient. California is the only state with the program that has legal "pot shops" to supply the drug to patients.

Rhode Island in 2006 saw a program similar to Michigan's being implemented without a hitch said Charles Alexandre, who oversees the program as chief of health professions regulation in Rhode Island's Department of Health. They too had a waiting period where the law went into effect before the regulations were in place and patients had to wait until the rules were in place.

John D. Pirich, a Lansing attorney who has worked on past ballot initiatives said state Legislature can modify the law with a three-fourths majority in both houses, the courts could intervene, or a second ballot initiative could modify the first if any aspect of Michigan's program becomes an issue.