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Michigan Medical Marihuana Act - Full
Text
The People of the State of Michigan enact:
1. Short Title. - Michigan Codified Law (MCL) Section:
333.26421
to
333.26430
Section 1.
This act shall be known and may be cited as the Michigan Medical Marihuana
Act.
2. Findings.
Section 2. The people of the State of Michigan find and declare that:
(a) Modern medical research, including as found by the National Academy of
Sciences' Institute of Medicine in a March 1999 report, has discovered
beneficial uses for marihuana in treating or alleviating the pain, nausea,
and other symptoms associated with a variety of debilitating medical
conditions.
(b) Data from the Federal Bureau of Investigation Uniform Crime Reports and
the Compendium of Federal Justice Statistics show that approximately 99 out
of every 100 marihuana arrests in the United States are made under state
law, rather than under federal law. Consequently, changing state law will
have the practical effect of protecting from arrest the vast majority of
seriously ill people who have a medical need to use marihuana.
(c) Although federal law currently prohibits any use of marihuana except
under very limited circumstances, states are not required to enforce federal
law or prosecute people for engaging in activities prohibited by federal
law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana,
Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not
penalize the medical use and cultivation of marihuana. Michigan joins in
this effort for the health and welfare of its citizens.
3. Definitions.
Section 3. As used in this act:
(a) "Debilitating medical condition" means 1 or more of the following:
(1) Cancer, glaucoma, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral
sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella,
or the treatment of these conditions.
(2) A chronic or debilitating disease or medical condition or its treatment
that produces 1 or more of the following: cachexia or wasting syndrome;
severe and chronic pain; severe nausea; seizures, including but not limited
to those characteristic of epilepsy; or severe and persistent muscle spasms,
including but not limited to those characteristic of multiple sclerosis.
(3) Any other medical condition or its treatment approved by the department,
as provided for in section 5(a).
(b) "Department" means the state department of community health.
(e)
"Enclosed, locked facility" means a closet, room, or other enclosed area
equipped with locks or other security devices that permit access only by a
registered primary caregiver or registered qualifying patient.
(d) "Marihuana" means that term as defined in section 7106 of the public
health code, 1978 PA 368, MCL 333.7106.
(e) "Medical use" means 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.
(f) "Physician" means an individual licensed as a physician under Part 170
of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an
osteopathic physician under Part 175 of the public health code, 1978 PA 368,
MCL 333.17501 to 333.17556.
(g) "Primary caregiver" means a person who is at least 21 years old and who
has agreed to assist with a patient's medical use of marihuana and who has
never been convicted of a felony involving illegal drugs.
(h) "Qualifying patient" means a person who has been diagnosed by a
physician as having a debilitating medical condition.
(i) "Registry identification card" means a document issued by the department
that identifies a person as a registered qualifying patient or registered
primary caregiver.
(j) "Usable marihuana" means the dried leaves and flowers of the marihuana
plant, and any mixture or preparation thereof, but does not include the
seeds, stalks, and roots of the plant.
(k) "Visiting qualifying patient" means a patient who is not a resident of
this state or who has been a resident of this state for less than 30 days.
(l) "Written certification" means a document signed by a physician, stating
the patient's debilitating medical condition and stating that, in the
physician's professional opinion, the patient is likely to receive
therapeutic or palliative benefit from the medical use of marihuana to treat
or alleviate the patient's debilitating medical condition or symptoms
associated with the debilitating medical condition.
4. Protections for the Medical Use of Marihuana.
Section 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 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.
5. Department to Promulgate Rules.
Section 5. (a) Not later than 120 days after the effective date of this act,
the department shall promulgate rules pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the
manner in which the department shall consider the addition of medical
conditions or treatments to the list of debilitating medical conditions set
forth in section 3(a) of this act. In promulgating rules, the department
shall allow for petition by the public to include additional medical
conditions and treatments. In considering such petitions, the department
shall include public notice of, and an opportunity to comment in a public
hearing upon, such petitions. The department shall, after hearing, approve
or deny such petitions within 180 days of the submission of the petition.
The approval or denial of such a petition shall be considered a final
department action, subject to judicial review pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Jurisdiction and
venue for judicial review are vested in the circuit court for the county of
Ingham.
(b) Not later than 120 days after the effective date of this act, the
department shall promulgate rules pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in
which it shall consider applications for and renewals of registry
identification cards for qualifying patients and primary caregivers. The
department's rules shall establish application and renewal fees that
generate revenues sufficient to offset all expenses of implementing and
administering this act. The department may establish a sliding scale of
application and renewal fees based upon a qualifying patient's family
income. The department may accept gifts, grants, and other donations from
private sources in order to reduce the application and renewal fees.
6. Administering the Department's Rules.
Section 6. (a) The department shall issue registry identification cards to
qualifying patients who submit the following, in accordance with the
department's rules:
(1) A written certification;
(2) Application or renewal fee;
(3) Name, address, and date of birth of the qualifying patient, except that
if the applicant is homeless, no address is required;
(4) Name, address, and telephone number of the qualifying patient's
physician;
(5) Name, address, and date of birth of the qualifying patient's primary
caregiver, if any; and
(6) If the qualifying patient designates a primary caregiver, a designation
as to whether the qualifying patient or primary caregiver will be allowed
under state law to possess marihuana plants for the qualifying patient's
medical use.
(b) The department shall not issue a registry identification card to a
qualifying patient who is under the age of 18 unless:
(1) The qualifying patient's physician has explained the potential risks and
benefits of the medical use of marihuana to the qualifying patient and to
his or her parent or legal guardian;
(2) The qualifying patient's parent or legal guardian submits a written
certification from 2 physicians; and
(3) The qualifying patient's parent or legal guardian consents in writing
to:
(A) Allow the qualifying patient's medical use of marihuana;
(B) Serve as the qualifying patient's primary caregiver; and
(C) Control the acquisition of the marihuana, the dosage, and the frequency
of the medical use of marihuana by the qualifying patient.
(c) The department shall verify the information contained in an application
or renewal submitted pursuant to this section, and shall approve or deny an
application or renewal within 15 days of receiving it. The department may
deny an application or renewal only if the applicant did not provide the
information required pursuant to this section, or if the department
determines that the information provided was falsified. Rejection of an
application or renewal is considered a final department action, subject to
judicial review. Jurisdiction and venue for judicial review are vested in
the circuit court for the county of Ingham.
(d) The department shall issue a registry identification card to the primary
caregiver, if any, who is named in a qualifying patient's approved
application; provided that each qualifying patient can have no more than 1
primary caregiver, and a primary caregiver may assist no more than 5
qualifying patients with their medical use of marihuana.
(e) The department shall issue registry identification cards within 5 days
of approving an application or renewal, which shall expire 1 year after the
date of issuance. Registry identification cards shall contain all of the
following:
(1) Name, address, and date of birth of the qualifying patient.
(2) Name, address, and date of birth of the primary caregiver, if any, of
the qualifying patient.
(3) The date of issuance and expiration date of the registry identification
card.
(4) A random identification number.
(5) A photograph, if the department requires 1 by rule.
(6) A clear designation showing whether the primary caregiver or the
qualifying patient will be allowed under state law to possess the marihuana
plants for the qualifying patient's medical use, which shall be determined
based solely on the qualifying patient's preference.
(f) If a registered qualifying patient's certifying physician notifies the
department in writing that the patient has ceased to suffer from a
debilitating medical condition, the card shall become null and void upon
notification by the department to the patient.
(g) Possession of, or application for, a registry identification card shall
not constitute probable cause or reasonable suspicion, nor shall it be used
to support the search of the person or property of the person possessing or
applying for the registry identification card, or otherwise subject the
person or property of the person to inspection by any local, county or state
governmental agency.
(h) The following confidentiality rules shall apply:
(1) Applications and supporting information submitted by qualifying
patients, including information regarding their primary caregivers and
physicians, are confidential.
(2) The department shall maintain a confidential list of the persons to whom
the department has issued registry identification cards. Individual names
and other identifying information on the list is confidential and is exempt
from disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(3) The department shall verify to law enforcement personnel whether a
registry identification card is valid, without disclosing more information
than is reasonably necessary to verify the authenticity of the registry
identification card.
(4) A person, including an employee or official of the department or another
state agency or local unit of government, who discloses confidential
information in violation of this act is guilty of a misdemeanor, punishable
by imprisonment for not more than 6 months, or a fine of not more than
$1,000.00, or both. Notwithstanding this provision, department employees may
notify law enforcement about falsified or fraudulent information submitted
to the department.
(i) The department shall submit to the legislature an annual report that
does not disclose any identifying information about qualifying patients,
primary caregivers, or physicians, but does contain, at a minimum, all of
the following information:
(1) The number of applications filed for registry identification cards.
(2) The number of qualifying patients and primary caregivers approved in
each county.
(3) The nature of the debilitating medical conditions of the qualifying
patients.
(4) The number of registry identification cards revoked.
(5) The number of physicians providing written certifications for qualifying
patients.
7. Scope of Act.
Section 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.
8. Affirmative Defense and Dismissal for Medical Marihuana.
Section 8. (a) Except as provided in section 7, a patient and a patient's
primary caregiver, if any, may assert the medical purpose for using
marihuana as a defense to any prosecution involving marihuana, and this
defense shall be presumed valid where the evidence shows that:
(1) A physician has stated that, in the physician's professional opinion,
after having completed a full assessment of the patient's medical history
and current medical condition made in the course of a bona fide
physician-patient relationship, the 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 of the patient's serious or debilitating medical condition;
(2) The patient and the patient's primary caregiver, if any, were
collectively in possession of a quantity of marihuana that was not more than
was reasonably necessary to ensure the uninterrupted availability of
marihuana for the purpose of treating or alleviating the patient's serious
or debilitating medical condition or symptoms of the patient's serious or
debilitating medical condition; and
(3) The patient and the patient's primary caregiver, if any, were engaged in
the acquisition, possession, cultivation, manufacture, use, delivery,
transfer, or transportation of marihuana or paraphernalia relating to the
use of marihuana to treat or alleviate the patient's serious or debilitating
medical condition or symptoms of the patient's serious or debilitating
medical condition.
(b) A person may assert the medical purpose for using marihuana in a motion
to dismiss, and the charges shall be dismissed following an evidentiary
hearing where the person shows the elements listed in subsection (a).
(c) If a patient or a patient's primary caregiver demonstrates the patient's
medical purpose for using marihuana pursuant to this section, the patient
and the patient's primary caregiver shall not be subject to the following
for the patient's medical use of marihuana:
(1) disciplinary action by a business or occupational or professional
licensing board or bureau; or
(2) forfeiture of any interest in or right to property.
9. Enforcement of this Act.
Section 9. (a) If the department fails to adopt rules to implement this act
within 120 days of the effective date of this act, a qualifying patient may
commence an action in the circuit court for the county of Ingham to compel
the department to perform the actions mandated pursuant to the provisions of
this act.
(b) If the department fails to issue a valid registry identification card in
response to a valid application or renewal submitted pursuant to this act
within 20 days of its submission, the registry identification card shall be
deemed granted, and a copy of the registry identification application or
renewal shall be deemed a valid registry identification card.
(c) If at any time after the 140 days following the effective date of this
act the department is not accepting applications, including if it has not
created rules allowing qualifying patients to submit applications, a
notarized statement by a qualifying patient containing the information
required in an application, pursuant to section 6(a)(3)-(6) together with a
written certification, shall be deemed a valid registry identification card.
10. Severability.
Section 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.
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Attorney Bruce Alan
Block is a Grand
Rapids, Michigan criminal defense attorney who takes pride in
defending his clients and representing their interests. He has recently
been involved in assisting medical marijuana patients and caregivers assert
the statutory and affirmative defense in court.
He has successfully
handled marijuana cases involving possession of
marijuana, manufacture, delivery, possession with intent to deliver, and
similar offenses. Put his experience to work for you.
Call (616) 458-8585.
This page is provided as a courtesy by Attorney Bruce Alan Block for his
Website visitors. No claim of copyright is made as to original governmental
law or works.
Located on the corner of Cascade Rd. and Kenmoor Ave.,
one block from the
Cascade
District Court, just east of Interstate I-96, six miles from the Kent County Courthouse.
Bruce Alan Block, PLC
represents clients in Grand Rapids, Michigan,
and West Michigan communities of Ada, East Grand Rapids,
Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade,
Rockford, Holland,
Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry
County,
Ionia County, Newaygo, Montcalm, and Allegan County.
We represent students from
Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand
Rapids Community College, and Michigan State University.
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