michigan’s medical marihuana act

8/9/2019 Michigans Medical Marihuana Act

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MichiganMichigan s M edicals MedicalM arihuana ActM arihuana Act

OverviewOverview

March 9, 2010March 9, 2010


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MichiganMichigan

s Medicals M edical

M arihuana ActM arihuana ActNovember 4, 2008:November 4, 2008:Michigan voters approved Ballot Iniative that legalizedMichigan voters approved Ballot Iniative that legalizedMedical Marihuana (MCLA 333.26421Medical Marihuana (MCLA 333.26421 --333.26430).333.26430).

On December 4, 2008:On December 4, 2008:MichiganMichigan s Medical Marihuana law takes effect. The laws Medical Marihuana law takes effect. The law

required the MDCH to implement rules within 120 days.required the MDCH to implement rules within 120 days.

On April 4, 2009:On April 4, 2009:

MDCH adopts rules to implement the Act.MDCH adopts rules to implement the Act.


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Application Process for Application Process forthe Registry ID Cardthe Registry ID Card

An applicant submits a MDCH approved application, fee, copy An applicant submits a MDCH approved application, fee, copyof current photo ID and a physician certification to MDCHof current photo ID and a physician certification to MDCH

Fee is $100 for patient or $25 if receiving SSI, receiving fullFee is $100 for patient or $25 if receiving SSI, receiving fullMedicaid benefits, or SSDMedicaid benefits, or SSD

MDCH reviews and approves/denies application with 15 daysMDCH reviews and approves/denies application with 15 daysof receiptof receiptMDCH issues registration card with 5 days of approvalMDCH issues registration card with 5 days of approvalThe card is only good for 1 year and must be renewedThe card is only good for 1 year and must be renewedannually.annually.

*** Currently, MDCH is working on reviewing applications*** Currently, MDCH is working on reviewing applicationsreceived in early November ***received in early November ***


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Registry CardsRegistry CardsQualifying Patient:Qualifying Patient:

BlueBlue No photoNo photo Registry number, name, address, DOB,Registry number, name, address, DOB,

issued date, expiration date, authorizedissued date, expiration date, authorized

to possess plantsto possess plants yes or noyes or no Back will identify caregiver, if anyBack will identify caregiver, if any


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ConfidentialityConfidentialityof the Cardof the Card

MDCH keeps a confidential list of theMDCH keeps a confidential list of theindividuals to whom it has issued a card.individuals to whom it has issued a card.The names and other identifying informationThe names and other identifying information

on the list are confidential and exempt fromon the list are confidential and exempt fromdisclosure under the Freedom of Informationdisclosure under the Freedom of Information

Act. Act.MDCH is required to provide the stateMDCH is required to provide the statelegislature with an annual report.legislature with an annual report.


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M edical UseM edical Use

Medical UseMedical Use ::The acquisition, possession, cultivation, manufacture, use,The acquisition, possession, cultivation, manufacture, use,

internal possession, delivery, transfer, or transportation of internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate amarihuana to treat or alleviate a registered patientregistered patient ssdebilitating medical conditiondebilitating medical condition or symptoms associatedor symptoms associated

with the debilitating medical condition.with the debilitating medical condition.


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Qualifying PatientQualifying Patient

A person who has been A person who has been

diagnosed by adiagnosed by aphysician as having aphysician as having adebilitating medicaldebilitating medical

condition.condition.


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Physicians P layPhysicians Playa Key Rolea Key Role

Only a physician (M.D./D.O)Only a physician (M.D./D.O)

licensed in Michigan can makelicensed in Michigan can makea valid certification.a valid certification.


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Physician is notPhysician is notPrescribing M arihuanaPrescribing M arihuana

The certifying physician is not prescribingThe certifying physician is not prescribingmarihuana, physicians cannot do so.marihuana, physicians cannot do so.

The physician is not recommending marihuana; theThe physician is not recommending marihuana; the

law does not require them to do so.law does not require them to do so.The physician is only stating anThe physician is only stating an opinionopinion as to theas to thelikelihood of a medical benefit, and can do so underlikelihood of a medical benefit, and can do so underthe law without any legal or professional liability,the law without any legal or professional liability,except that a physician is always subject toexcept that a physician is always subject toprofessional malpractice.professional malpractice.


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Certain Specific DebilitatingCertain Specific DebilitatingM edical ConditionsM edical Conditions

CancerCancerGlaucomaGlaucomaPositive HIVPositive HIV

AIDS AIDSHepatitis CHepatitis C

Amyotrophic lateral sclerosis (Lou Gehrig Amyotrophic lateral sclerosis (Lou Gehrig s Disease)s Disease)

CrohnCrohn s Diseases Disease Agitation of Alzheimer Agitation of Alzheimer s diseases diseaseNail patellaNail patella


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Covered DebilitatingCovered Debilitating

M edical ConditionsM edical Conditions

Cachexia or wasting syndromeCachexia or wasting syndromeSevere and chronic painSevere and chronic pain

Severe nauseaSevere nauseaSeizures, including but not limited toSeizures, including but not limited to

those characteristics of epilepsy; orthose characteristics of epilepsy; orSevere and persistent muscle spasmsSevere and persistent muscle spasms Any other medical condition or its Any other medical condition or itstreatment approved by the departmenttreatment approved by the department


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Debilitating M edicalDebilitating M edicalCondition is not EnoughCondition is not Enough

The mere presence of such debilitatingThe mere presence of such debilitatingmedical condition does not entitle amedical condition does not entitle a

patient to certification. To certify thepatient to certification. To certify thepatient, the physician must specificallypatient, the physician must specifically

give an opinion that the patient willgive an opinion that the patient will likelylikely receive areceive a palliative or therapeuticpalliative or therapeutic

benefit.benefit.


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Benefits for Qualifying PatientBenefits for Qualifying Patient

A patient is protected from A patient is protected from arrest, prosecution, or penaltyarrest, prosecution, or penaltyin any manner, or denied any right or privilege, including,in any manner, or denied any right or privilege, including,but not limited to civil penalty or disciplinary action by abut not limited to civil penalty or disciplinary action by abusiness or occupational or professional licensing board orbusiness or occupational or professional licensing board orbureaubureau for medicinal use or possession of marihuana.for medicinal use or possession of marihuana.

How much Marihuana?How much Marihuana?

2.5 ounces2.5 ounces of usable marihuana andof usable marihuana and 12 plants kept in an12 plants kept in an

enclosed, locked facilityenclosed, locked facility ..

Either the Qualifying Patient or the Primary Caregiver canEither the Qualifying Patient or the Primary Caregiver canbe allowed to possess the marihuana plants.be allowed to possess the marihuana plants.


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Registered Primary CaregiverRegistered Primary Caregiver

Patient designates an individual as thePatient designates an individual as theprimary caregiver on the registrationprimary caregiver on the registrationapplication formapplication form

The primary caregiver must:The primary caregiver must: be 21 years oldbe 21 years old have no felony convictions involving illegalhave no felony convictions involving illegal

drugsdrugs agree to assist patient with medical use of agree to assist patient with medical use of

marihuanamarihuana

Can only assist 5 qualifying patients.Can only assist 5 qualifying patients.


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Registered Primary CaregiverRegistered Primary Caregiver

How much Marihuana can they have?How much Marihuana can they have? 2.5 ounces for each qualifying patient they2.5 ounces for each qualifying patient they

assist (up to 15 ounces).assist (up to 15 ounces). 12 plants per qualifying patient (up to 6012 plants per qualifying patient (up to 60plants).plants).

Plants must be kept in an enclosed, lockedPlants must be kept in an enclosed, lockedfacility.facility.


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Enclosed, LockedEnclosed, LockedFacilityFacility

A closet, room, or other enclosed area A closet, room, or other enclosed areaequipped with locks or other securityequipped with locks or other securitydevices that permit access only by adevices that permit access only by a

registered primary caregiver or registeredregistered primary caregiver or registered

qualifying patient.qualifying patient.


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Limitations on Use of Limitations on Use of M edical M arihuanaM edical M arihuana

Medical Marijuana cannot be used or possessedMedical Marijuana cannot be used or possessed On a school busOn a school bus On the grounds of any school (preschool, primary orOn the grounds of any school (preschool, primary or

secondary school)secondary school) In any correctional facility.In any correctional facility.

Medical Marihuana cannot be smokedMedical Marihuana cannot be smoked In any public place, including any form of publicIn any public place, including any form of public

transportation.transportation.

A person cannot operate, navigate, or be in actual A person cannot operate, navigate, or be in actualphysical control of any motor vehicle, aircraft, orphysical control of any motor vehicle, aircraft, ormotorboat while under the influence of marihuanamotorboat while under the influence of marihuana


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Other ConcernsOther ConcernsIndividuals who have been issued a marihuanaIndividuals who have been issued a marihuanaregistry identification card can legally purchaseregistry identification card can legally purchasemarihuana, but the person selling it to them can bemarihuana, but the person selling it to them can beprosecuted.prosecuted.

Qualifying patients can cultivate their own medicalQualifying patients can cultivate their own medicalmarihuana, but there is no place to legally purchasemarihuana, but there is no place to legally purchasethe seeds.the seeds.

There is no language in the Act that protects anyoneThere is no language in the Act that protects anyonefrom being terminated from their job for the medicalfrom being terminated from their job for the medicaluse of marihuana.use of marihuana.


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Concerns w ith the PlantsConcerns w ith the PlantsMichigan does not limit the size or distinguish betweenMichigan does not limit the size or distinguish between

seedlings and mature, producing plants.seedlings and mature, producing plants.

A caregiver can cultivate 12 marihuana plants per patient A caregiver can cultivate 12 marihuana plants per patientfor up to 5 patients. However, the law does not set anyfor up to 5 patients. However, the law does not set any

parameters as to how much the caregiver can charge forparameters as to how much the caregiver can charge fortheir services.their services.

12 plants can produce quite a bit of marihuana. The12 plants can produce quite a bit of marihuana. The

annual yield of a 12 plant indoor marihuana grow siteannual yield of a 12 plant indoor marihuana grow sitewould generate between 44 and 72 ounces.would generate between 44 and 72 ounces.

It can be assumed that the primary caregiver is not legallyIt can be assumed that the primary caregiver is not legallyallowed to keep part of theallowed to keep part of the harvestharvest as payment.as payment.


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State Law v.State Law v.Federal LawFederal Law

On October 19, 2009, the ObamaOn October 19, 2009, the Obamaadministration put forth new legaladministration put forth new legalguidelines.guidelines.Prosecutors will be told it is not a goodProsecutors will be told it is not a gooduse of their time to arrest people whouse of their time to arrest people who

use or provide medical marihuana inuse or provide medical marihuana instrict compliance with state law.strict compliance with state law.


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New State OffensesNew State OffensesSale of Marihuana to NonSale of Marihuana to Non --Medical Marihuana UserMedical Marihuana User A qualifying patient and caregiver could face felony A qualifying patient and caregiver could face felony

penalties of imprisonment for up to two years and/or finepenalties of imprisonment for up to two years and/or fineof not more than $2,000.00 and revocation of his/her IDof not more than $2,000.00 and revocation of his/her IDcard for selling Marihuana to someone who is not allowedcard for selling Marihuana to someone who is not allowedto use Marihuana.to use Marihuana.

False Representation to Law EnforcementFalse Representation to Law Enforcement The Act would impose a $500.00 fine for fraudulentThe Act would impose a $500.00 fine for fraudulent

representation of any fact or circumstance relating to therepresentation of any fact or circumstance relating to themedical use of Marihuana to avoid prosecution.medical use of Marihuana to avoid prosecution.


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Legal ConcernsLegal ConcernsPotential conflict with MCLA Potential conflict with MCLA 257.625(8);257.625(8);Section 8Section 8 -- Affirmative Defense Affirmative DefenseLocal OrdinancesLocal Ordinances


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Recent LegislationRecent LegislationState Senator Wayne Kuipers recently has introducedState Senator Wayne Kuipers recently has introduced

legislation that would:legislation that would:Treat medical marihuana as any other Schedule II drug.Treat medical marihuana as any other Schedule II drug.Require a doctor's prescription, with the drug sold onlyRequire a doctor's prescription, with the drug sold onlythrough a pharmacist.through a pharmacist.License 10 growers statewide to provide medicalLicense 10 growers statewide to provide medicalmarihuana to pharmacists.marihuana to pharmacists.

Any changes in the law would require three Any changes in the law would require three --quarterquartermajority votes in both state chambers.majority votes in both state chambers.

michigan’s medical marihuana act

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