State and Relevant Medical Marijuana Laws

Proposal 1 “Michigan Medical Marihuana Act” — Approved by 63% of voters on Nov. 4, 2008
Approved: Nov. 4, 2008
Effective: Dec. 4, 2008

Approved Conditions: Approved for treatment of debilitating medical conditions, defined as cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, multiple sclerosis, and PTSD.

Possession/Cultivation: Patients may possess up to two and one-half (2.5) ounces of usable marijuana and twelve marijuana plants kept in an enclosed, locked facility. The twelve plants may be kept by the patient only if he or she has not specified a primary caregiver to cultivate the marijuana for him or her.

Amended:HB 4856
Effective: Dec. 31, 2012

Makes it illegal to “transport or possess” usable marijuana by car unless the marijuana is “enclosed in a case that is carried in the trunk of the vehicle.” Violation of the law is a misdemeanor “punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

Amended:HB 4834
Effective: Apr. 1, 2013

Requires proof of Michigan residency when applying for a registry ID card (driver license, official state ID, or valid voter registration) and makes cards valid for two years instead of one.

Amended:HB 4851
Effective: Apr. 1, 2013

Requires a “bona fide physician-patient relationship,” defined in part as one in which the physician “has created and maintained records of the patient’s condition in accord with medically accepted standards” and “will provide follow-up care;” protects patient from arrest only with registry identification card and valid photo ID.

Amended:State of Michigan vs. McQueen
Decided: Feb. 8, 2013

The Michigan Supreme Court ruled 4-1 that dispensaries are illegal. As a result, medical marijuana patients in Michigan will have to grow their own marijuana or get it from a designated caregiver who is limited to five patients.

Not all information from each bill is listed here. We have extracted information that is relevant to business ownership.

Note that “Department” means the department of licensing and regulatory affairs.

From House Bill 4834 – April 1, 2013

Requirements for Obtaining Medical Card

Written certification from a physician; application/renewal fee; name, address, and DoB (no address required if homeless) of the qualifying patient, physician and caregiver; proof of Michigan residency (drivers license, state issued personal identification card or copy of a valid Michigan voter registration); proof over 18 or consent in writing from parent/legal guardian stating they will serve as primary caregiver and control dosage plus obtain written certification from 2 physicians.

Application Process

The department shall verify the information contained in an application/renewal, and approve or deny an application/renewal within 15 business days of receiving it. The department may deny an application/renewal that is deemed incomplete or falsified. Rejection of an application/renewal is considered a final department action, and subject to judicial review by the circuit court for the county of Ingham.

Caregivers

Designation of caregiver being allowed under state law to possess marihuana plants for the qualifying patient’s medical use must be established in the initial application. The department shall issue a registry identification card to the primary caregiver named in a qualifying patient’s approved application. A 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.

Cards

Registry identification cards are issued within 5 business days of approving an application or renewal, and expire 2 years after the date of issuance. Registry identification cards shall contain: Name, address, and date of birth of the qualifying patient and primary caregiver; date of issuance and expiration date; random identification number; photograph; 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 determined by patient’s preference. The card can be nullified if department is notified in writing that person ceased to suffer from debilitating medical condition.

Confidentiality

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. Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential. 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 are confidential and are exempt from disclosure under the freedom of information act. A person, including an employee, contractor, 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.

Confidentiality Exceptions

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. Department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

Department Annual Report (useful for market research)

Does not disclose any identifying information about qualifying patients, primary caregivers, or physicians, but include: The number of applications filed for registry identification cards; The number of qualifying patients and primary caregivers approved in each county; The nature of the debilitating medical conditions of the qualifying patients; The number of registry identification cards revoked; The number of physicians providing written certifications for qualifying patients.

From House Bill 4851 – April 1, 2013

“Bona-Fide Physician-Patient Relationship”

Treatment or counseling relationship between a physician and patient in which the physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient, and has created and maintained records of the patient’s condition in accord with medically accepted standards. The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient’s debilitating medical condition.

“Enclosed, locked facility”

Closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle being used temporarily to transport living marihuana plants from 1 location to another with the intent to permanently retain those plants at the second location, and only the patient and caregiver are in the vehicle during transport.

“Medical use”

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.

“Primary caregiver” or “caregiver”

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 not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive.

“Usable Marijuana”

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.

“Written Certification”

A document signed by a physician, stating the patient’s debilitating medical condition; details of a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation and 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.

Patient Protections for the Medical Use of Marihuana.

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. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient. 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. 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. 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.

Caregiver Protections for the Medical Use of Marihuana.

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. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses an amount of marihuana that does not exceed: 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department’s registration process; and 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 any incidental amount of seeds, stalks, and unusable roots. 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.

Caregiver Compensation

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.

Penalties for Misuse

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.

Affirmative Defense and Dismissal for Medical Marihuana.

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 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 of the patient’s serious or debilitating medical condition; 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 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. The patient and the patient’s primary caregiver shall not be subject to the following for the patient’s medical use of marihuana, disciplinary action by a business or occupational or professional licensing board or bureau; or forfeiture of any interest in or right to property.

From House Bill 4856 – December 1, 2013

A person shall not transport or possess usable marihuana as defined in section in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is enclosed in a case that is carried in the trunk of the vehicle, not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk, and transported by a person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.