Medical Marijuana in the State of Michigan: 

About the Michigan Medical Marijuana Program (MMMP):

Purpose of the MMMP:

The Michigan Medical Marihuana Program (MMMP) is established to administer the registration program provided for in the Michigan Medical Marihuana Act (MMMA), which was approved by Michigan voters on November 4, 2008.

Mission Statement

To assure that the registration process is conducted efficiently and effectively, consistent with all statutes and administrative rules pertaining to the MMMP.

Administration of the MMMP

The MMMP is administered by the Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Care Services, Health Professions Licensing Division.

Qualifying Conditions to receive Medical Marijuana (Marihuana):

• Alzheimer’s disease
• Amyotrophic Lateral Sclerosis
• Cachexia or wasting syndrome
• Cancer
• Chronic pain
• Crohn’s disease
• Glaucoma
• HIV or AIDS
• Hepatitis C
• Nail patella
• Nausea
• Post-traumatic stress disorder (PTSD)
• Seizures
• Severe and persistent muscle spasms

Patient Possession Limits:

Two and half (2 & 1/2) ounces of usable Marijuana.

HOME CULTIVATION

No more than 12 marijuana plants can kept in an enclosed, locked facility. Outdoor plants must not be “visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure” and must be “grown within a stationary structure that is enclosed on all sides, except the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached or affixed to the ground, located on land that is owned, leased, or rented” by the registered grower and restricted to that grower’s access.

CAREGIVERS

Yes, primary caregiver is a person who has agreed to assist with a patient’s medical use of marihuana. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a felony involving illegal drugs, or must not have been convicted of any felony within the last ten years, or any violent felony ever. Each patient can only have one primary caregiver. The primary caregiver may assist no more than 5 qualifying patients with their medical use of marihuana. State-qualified caregivers must not have been convicted of any felony within the last ten years, or any violent felony ever. Caregivers essentially give patients their medicine via the caregivers cultivation.

MEDICAL MARIJUANA STATUTES

• Mich. Comp. Law § 333.26424(j) (2008)
• Mich. Comp. Law §§ 333.26423; 333.26426(d) (2008)

 

 

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2008
333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; privilege from arrests; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity of medical use of marihuana; registry identification issued outside of department; sale of marihuana as felony; penalty.4. Protections for the Medical Use of Marihuana

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.4. Protections for the Medical Use of Marihuana

(b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department’s registration process with the medical use of marihuana in accordance with this act. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses an amount of marihuana that does not exceed:

(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department’s registration process; and

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility; and

(3) any incidental amount of seeds, stalks, and unusable roots.

(c) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

(1) is in possession of a registry identification card; and

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.

(f) A physician shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau, solely for providing written certifications, in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the qualifying patient’s medical history, or for otherwise stating that, in the physician’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition, provided that nothing shall prevent a professional licensing board from sanctioning a physician for failing to properly evaluate a patient’s medical condition or otherwise violating the standard of care for evaluating medical conditions.

(g) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient’s medical use of marihuana.

(h) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.

(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient’s medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.

History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 ;-- Am. 2012, Act 512, Eff. Apr. 1, 2013 
Compiler's Notes: MCL 333.26430 of Initiated Law 1 of 2008 provides:10. Severability.Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.

 

All links below provide further information about Medical Marijuana in the State of Michigan:

http://www.legislature.mi.gov/(S(tnz4oq45diytunioecbnken5))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0514.pdf

http://www.legislature.mi.gov/(S(abpid22srdkttuvy0iy0us55))/mileg.aspx?page=getObject&objectName=mcl-333-26424

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0512.pdf