Updated Michigan Medical Marihuana Laws
New Michigan Medical Marijuana Program Could Be Law By November 2015
3 new Bills passed the house: HB4209, HB4210, HB4827
1. New Application, Caregiver , and Doctor certification forms
2. NO MORE REDUCED application fee of $25. ALL registration fees are $60 for the 2 year period.
3. Each caregiver will be subject to a $25 background check fee.
Late last week, the director of Michigan’s Department of Licensing and Regulatory Affairs, accepted a recommendation that Post Traumatic Stress Disorder (“PTSD”) be added as a qualifying condition for Michigan’s medical marijuana program. This makes Michigan the eighth state where patients with PTSD qualify to use medical marijuana.
What: Public hearing on HB 4271 and HB 5104
Where: Rooms 402 and 403, Capitol Building, 100 S. Capitol Avenue, Lansing
When: Tuesday, March 11, at 1 p.m.
HB 4271 would allow local governments to license and regulate medical marijuana provisioning centers (dispensaries).
HB 5104 would extend the protections currently in place for smoked forms of marijuana to marijuana extracts, a key ingredient in non-smoked forms of the medicine.
Both bills are essential to providing safe and reliable access to medicine to thousands of patients in Michigan. Both bills passed the House of Representatives with landslide votes late last year. Special thanks to all who reached out to Sen. Richardville’s office and asked that he move forward with these bills.
7/8/13 No more SSD Accepted!!!
General Information about the mmmp
General Information about the Program
- An applicant/patient must be a Michigan resident to be registered in the Michigan Medical Marihuana Program (MMMP). Proof of residency is defined as a 1) Michigan Driver License, 2) Michigan Identification Card, or 3) other approved photo ID and Michigan voter registration card. Approved photo IDs are listed in the Administrative Rules, Section 3(b).
- There is an application fee with the State of Michigan to register for the MMMP. This fee is separate from any fee a physician may charge. The fee cannot be waived, although it can be reduced if the applicant is currently receiving FULL Medicaid, Social Security Disability or Supplemental Security Income and submits the appropriate documents with the application. Click here for the Reduced Fee Eligibility Information.
- An applicant must have a qualifying debilitating medical condition as approved by the Michigan Medical Marihuana Act and indicated on the Physician’s Certification.
- The MMMP cannot supply qualifying patients or their primary caregivers with seeds or starter plants or give advice on how to grow medical marihuana plants.
- An applicant’s/patient’s physician must be a Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO) fully licensed to practice in Michigan. An applicant/patient must have an established patient/physician relationship. Other licensed health professionals such as chiropractors, physician’s assistants or nurse practitioners cannot sign the certification.
- The MMMP cannot refer you to a physician and we do not have a physician referral list.
- An applicant/patient will designate on their application if the patient or their designated primary caregiver will grow the marihuana plants.
- The MMMP cannot find a primary caregiver for an applicant/patient and cannot find an applicant/patient for a primary caregiver. The MMMP is a confidential program and does not keep referral lists.
- An applicant/patient over 18 years of age is not required to designate a caregiver
- To protect the patient’s confidentiality, the MMMP will only speak directly with the patient regarding the patient’s registration.
- The Act neither protects marihuana plants from seizure nor individuals from prosecution if the federal government chooses to take action against patients or caregivers under the federal Controlled Substances Act.
- For further questions and answers, click here for our FAQs.
Supreme Court: State of Michigan vs. Mcqueen
Print 143824 – State of Michigan v McQueen
State of Michigan, Larry Burdick Plaintiff-Appellee, v (Appeal from Ct of Appeals) (Isabella – Chamberlain, P) Brandon McQueen and Matthew Taylor, d/b/a Compassionate Apothecary, LLC, Mary Chartier Defendants-Appellants. Appellant’s Brief on Appeal
Appellee’s Brief on Appeal
Appellant’s Reply Brief
Michigan Municipal League’s Amicus Brief
Ann Arbor Medical Cannabis Guild’s Amicus Brief
Attorney General of Michigan’s Amicus Brief
The Michigan Medical Marihuana Act generally provides immunity to patients, caregivers, physicians, and other persons from arrest, prosecution, or penalty for the medical use of marihuana. “Medical use” is defined in MCL 333.26423(e) as “the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.” Without the immunity established in the MMMA, the use of marihuana would violate the Public Health Code, which still lists marihuana as a schedule 1 controlled substance.
Brandon McQueen and Matthew Taylor owned and operated CA (once entitled Compassionate Apothecary), LLC, a medical marihuana dispensary in Mt. Pleasant. McQueen and Taylor claim that their operation of CA, through which they facilitated the distribution of marihuana to the dispensary’s members, is permitted under the MMMA. CA members were MMMA registered qualifying patients, or their registered primary caregivers, who purchased marihuana that other members stored in lockers rented from CA. Some members were qualifying patients who were unable to grow marihuana for medical use and sought a safe source. McQueen is both a registered qualifying patient and primary caregiver for three qualifying patients, while Taylor is a registered primary caregiver for two qualifying patients. McQueen and Taylor retained a minimum 20 percent transaction fee.
The State of Michigan, through the Isabella County Prosecuting Attorney, filed a complaint against McQueen and Taylor for injunctive relief. The prosecutor claimed that McQueen and Taylor’s dispensary did not comply with the MMMA, and therefore was a public nuisance or nuisance per se as a violation of the Public Health Code. The MMMA does not allow patient-to-patient transfers or sales of marihuana, nor does it allow marihuana taken from a caregiver to be dispensed to patients who are not the caregiver’s registered qualifying patients, the prosecutor contended.
After a two-day hearing, the trial court held that McQueen and Taylor operated their dispensary in accordance with the MMMA. The court ruled that patient-to-patient transfers fell within the scope of medical marihuana, as defined in MCL 333.26423(e). McQueen and Taylor did not own, possess, purchase, or sell marihuana through CA, the court said, but merely collected membership fees, locker rental fees, and the 20 percent sales transfer fee.
The State of Michigan appealed, and the Court of Appeals reversed the trial court in a published opinion. The appellate panel noted that the MMMA allows a qualifying patient to obtain marihuana from his or her primary caregiver, but the statute does not state how a primary caregiver or a qualifying patient without a primary caregiver is to obtain marihuana. The MMMA does not authorize marihuana dispensaries, the Court of Appeals added. Moreover – in contrast to the trial court’s ruling – the Court of Appeals concluded that McQueen and Taylor did possess the marihuana stored in the dispensary’s lockers, and that McQueen and Taylor were selling the marihuana stored there. McQueen and Taylor were engaged in the patient-to-patient sales of marihuana, and the MMMA did not authorize such sales, the panel said. Accordingly, held the Court of Appeals, McQueen and Taylor were not entitled to the presumption that they were engaged in the “medical use” of marihuana because “medical use” does not include “sale,” the panel ruled. “Defendants, therefore, have no authority under the MMMA to operate a marihuana dispensary that actively engaged in and carries out patient-to-patient sales of marihuana.” Because the defendants’ operation of CA does not comply with the MMMA, the dispensary is a public nuisance, the panel held, and “must be enjoined.”
McQueen and Taylor appeal.
Michigan Supreme Court Ruling: Dispensaries “SELLING” Medical Marijuana can be shut down
Read Article on MLive Feb.8, 2013
Michigan Attorney General Bill Schuette: ‘These pot shops need to be shut down’ Published: Thursday, August 25, 2011, 8:24 AM Updated
MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT) Initiated Law 1 of 2008
333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity to 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.
(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, provided that 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
Rendered Monday, March 28, 2011 Page 1 Michigan Compiled Laws Complete Through PA 13 of 2011 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
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.
MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT) Initiated Law 1 of 2008
333.26427 Scope of act; limitations.
7. Scope of Act.
Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.
(b) This act shall not permit any person to do any of the following:
(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.
(2) Possess marihuana, or otherwise engage in the medical use of marihuana: (A) in a school bus; (B) on the grounds of any preschool or primary or secondary school; or (C) in any correctional facility.
(3) Smoke marihuana: (A) on any form of public transportation; or (B) in any public place. (4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while
under the influence of marihuana. (5) Use marihuana if that person does not have a serious or debilitating medical condition. (c) Nothing in this act shall be construed to require: (1) A government medical assistance program or commercial or non-profit health insurer to reimburse a
person for costs associated with the medical use of marihuana. (2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working
while under the influence of marihuana. (d) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the
medical use of marihuana to avoid arrest or prosecution shall be punishable by a fine of $500.00, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marihuana other than use undertaken pursuant to this act.
(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.
History: 2008, Initiated Law 1, Eff. Dec. 4, 2008.
Compiler’s note: 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.