Michigan Medical Marijuana Act

The Michigan Medical Marijuana Act, also known as the “Michigan Medical Marijuana Act” (notice the “”h”) was enacted in December 2008. It was to provide medical marijuana patients the freedom to own and use marijuana without the fear of prosecution. Since then it has been amended a few times in order to whittle, or weed out, the items that make the Act better. Since the Medical Marijuana Act was put in place there have been three (4) amendments:

• HB 4856: Adds a that it would be illegal to transport marijuana by automobile unless the weed “…enclosed in a case that is carried in the trunk of the vehicle.” This violation is a misdemeanor and stating: “punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.” Date of Amendment: December 2012 Download House Bill 4856
• HB 4834: Simply requires that the medical marijuana patient provide proof of residency. This amendment also doubles the time from 1 year to 2 years for registration. Date of Amendment: April 2013 Download House Bill 4834
• HB 4851: Now requires that the patient and the doctor signing the certificate have a “bona fide physician-patient relationship.” Date of Amendment: April 2013 Download House Bill 4851
• State of Michigan vs. McQueen: Now rules that medical marijuana dispensaries are illegal and that patients will need to grow their own medical marijuana or receive it from a licensed caregiver. Licensed caregivers can now only have 5 patients maximum. Date of Amendment: February 2013

Michigan Medical Marijuana Act – Excerpts

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 marijuana in accordance with this act, provided that the qualifying patient possesses an amount of marijuana that does not exceed 2.5 ounces of usable marijuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marijuana for the qualifying patient, 12 marijuana 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 marijuana in accordance with this act, provided that the primary caregiver possesses an amount of marijuana that does not exceed:

1. 2.5 ounces of usable marijuana 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 marijuana for the qualifying patient, 12 marijuana 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 marijuana 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 marijuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marijuana 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 marijuana. 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 marijuana 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 marijuana paraphernalia for purposes of a qualifying patient’s medical use of marijuana. (h) Any marijuana, marijuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marijuana, 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 marijuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marijuana. (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 marijuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient’s medical use of marijuana, 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 marijuana to someone who is not allowed to use marijuana 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 marijuana.

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