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Michigan Medical Marijuana Laws

In Michigan, the medical use of Marihuana is regulated by the Michigan Medical Marihuana Act.  The Act uses the spelling “marihuana” instead of marijuana.  Any patient having a debilitating condition and his/her primary caregiver is permitted to possess, cultivate, manufacture, use, deliver, or transfer marihuana or paraphernalia to treat or improve the qualifying patient’s debilitating medical condition.  A qualifying patient is a patient who has been diagnosed by a physician as suffering from a debilitating condition.  Additionally, to qualify for the use of medical marijuana, the qualifying patient and his/her primary care giver , if any should hold a registry identification card issued by the Michigan Department of Community Health. 

Any qualifying patient in Michigan may only possess 2.5 ounces of usable marihuana.  The patient may possess 12 marijuana plants in a locked room if the qualifying patient has not designated a primary caregiver to cultivate and possess the same.  A registered primary care giver may possess up to 2.5 ounces of usable marihuana for each qualifying patient.  Any registered primary caregiver may cultivate and possess 12 marihuana plants in an enclosed, locked facility if he/she is designated to do the same.  The locked room shall be accessed only by the registered qualifying patient and registered primary caregiver.    

The Michigan Department of Community Health is responsible for issuing registry identification cards to qualifying patients and qualifying patient’s primary care givers.  To apply for the card you have to furnish the following: written certification from a physician stating that the patient is having a debilitating condition and he/she may improve his/her condition by resorting to medical marijuana; application or renewal fee; name, address, and date of birth of the qualifying patient; name, address, and telephone number of the qualifying patient’s physician; name, address, and date of birth of the qualifying patient’s primary caregiver, if any designated at the time of application; and a declaration as to whether the qualifying patient or primary caregiver will possess marihuana plants for the qualifying patient’s medical purposes.[1] 

The Department may approve or deny the application after verifying the details furnished. On approval, the department shall issue a registry identification card within five days of the approval.  The validity period for the card is one year from the date of issuance.  The department may deny an application or renewal only if the applicant did not give adequate information, or if the department determines that the information was falsified.  The department shall maintain a confidential list of the persons holding the registry identification cards.

The Department may issue registry identification cards to qualifying patients below the age of 18 only if the qualifying patient’s parent or legal guardian submits a written certification from two physicians and consents in writing to the qualifying patient’s medical use of marihuana.  Additionally, the qualifying patient’s parent or legal guardian should also serve as the qualifying patient’s primary caregiver, and control the dosage and frequency of the qualifying patient’s medical use of marihuana.  A part from this, the qualifying patient’s physician should explain to the qualifying patient and to his/her parent or legal guardian the risks and benefits of medical marihuana. 

The Department shall issue registry identification cards to any primary caregiver whose name is stated in the qualifying patient’s approved application.  However, the primary care giver should not be below 21 years, and should not be convicted for any drug related felony.  A qualifying patient can have only one primary caregiver, and a primary caregiver may not assist more than five qualifying patients at a time.

Any qualifying patient or qualifying patient’s primary care giver holding a valid registry identification card shall not be arrested, penalized or denied any right of privilege under state law for possessing permissible amount of medical marihuana.  Any physician who recommends the use of medical marihuana shall not be penalized or deprived of any right of privilege.  However, the recommendation should be made under a bona fide physician-patient relationship after assessing the medical history and current condition of the qualifying patient.  Any person who provides the registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for medical purposes shall not be arrested or penalized under the state law

Any qualifying patient and patient’s primary caregiver, if any may raise the defense of medical marihuana in any prosecution involving marihuana under the state law.[2]  However, this defense shall be valid only if the qualifying patient’s physician after a complete assessment of the patient’s medical history and present medical condition has stated that medical marijuana would be helpful in improving the patient’s condition.  Additionally, any qualifying patient and qualifying patient’s primary caregiver should collectively possess only permissible amount of marijuana.

The Act restricts use of medical marihuana under certain circumstances.  Medical use of marijuana is permitted only if the use is in accordance with the state laws.  The Medical Marihuana Act does not allow medical use of marihuana in school bus, school ground or any correctional centers.[3]  In Michigan, undertaking any task under the influence of marihuana constitutes negligence or professional malpractice. 

Relevant state law defining “debilitating medical condition”:

MCLS § 333.26423:  Definitions.

 Sec. 3. Definitions.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).

[1] MCLS § 333.26426

[2] MCLS § 333.26428

[3] MCLS § 333.26427


Inside Michigan Medical Marijuana Laws