Michigan passed the Medical Marihuana Act in November of 2008.
This Act allows doctor-approved use of marijuana by patients who have certain serious medical conditions and who register with the state to use and/or grow limited amounts of marijuana to treat their illness.
The growing, possessing, and use of marijuana remain illegal in the state of Michigan except for state registered patients with
serious defined medical conditions.
1) Does the Act make it legal to grow and use marijuana in Michigan?
No. The act does not change the laws and penalties for use or distribution of marijuana under federal or state law.
The Michigan Medical Marihuana Act only allows state registered patients and state registered caregivers to use and grow marijuana under very specific circumstances. Other than those registered individuals no one else is allowed to grow, use or distribute marijuana.
2) Who can grow and use marijuana under the Michigan’s Medical Marijuana Act?
Registered Patients: Patients with specific, serious medical conditions, including cancer, glaucoma, HIV, AIDS, hepatitis C, ALS, Crohn’s disease, Alzheimer’s, nail patella (a rare genetic disorder) and several specific life-altering symptoms may qualify if they have the written certification of their doctor.
Those persons must get written certification from their doctor (M.D. or D.O.) that they have a defined medical condition and that, in the doctor’s opinion, they would benefit from the medical use of marijuana. The patient can then apply to the state Department of Community Health to register for an identification card. As a registered patient, the person can grow limited amounts (up to 12 plants) of marijuana for their own use. It is illegal for them to allow others to use their marijuana. It is illegal for them to use in public, at school or drive under the influence of marijuana.
Registered Caregivers: A registered patient can designate a specific caregiver to assist in growing the marijuana. A registered patient can only have one caregiver and each registered caregiver can only provide marijuana to 5 registered patients. Caregivers must be 21 or over and have no drug felony convictions. It is illegal for a caregiver to give or sell marijuana to anyone but the registered patient(s) who have named them in their registration application. Caregivers cannot use the marijuana they grow unless they are also registered patients.
3) When will Michigan’s Medical Marijuana Act go into effect?
The registration process will likely be in place by April, 2009. Registration must be renewed by the patient every year. The Department will charge each registered patient enough to make the program self-supporting.
For the PDF version of this information click here MI Medical Marijuana Act.
The Michigan State Police website also has additional details of this initiative and consequences. Visit (http://www.michigan.gov/msp/) seach for a legal update Number 69 or key words "Michigan Medical Marihuana Program"/ "MMMP" http://www.michigan.gov/mdch/0,1607,7-132-2941_4871_4878_48563-189165--,00.html
Since issues have risen with the wording and interpretation of this law, updates and adjustment were signed (12-28-12 by Gov Snyder: 512.2012) to amend MMMA (HB4834, HB4851, HB4853, HB4856). An overiew of these changes include:
- Require a patient registry identification card to contain a photo ID
- Require registry identification cards to be valid for two years.
- Require LARA to privatize portions of the application precess for registry ID card.
- Revise confidentiality provisions to apply to private vendors.
- Define "bona fide physician-patient relationship" to include an in-person, physical examination of the patient, and revise the other definitions, as well.
- Place the penalty for selling marihuana in violation of registry identification card restrictions within the sentencing guidelines.
- Regulate the transportation of medical marihuana in motor vehicle and prescribe penalties for a violation.
Click here to see full summary