In November 2008, the Michigan Medical Marijuana Initiative was approved by 62.7% of voters, making Michigan the thirteenth state to legalize medical marijuana. On the ballot as Proposal 1, the Michigan Medical Marijuana Initiative decriminalized the cultivation and use of medical marijuana by seriously ill individuals who have obtained a doctor’s approval. It allows patients to grow up to 12 marijuana plants and possess up to 2.5 ounces of usable marijuana. Qualified caregivers can grow up to 12 marijuana plants for each patient, with a maximum of five patients per caregiver.
The Michigan Medical Marihuana Act is administered by the Michigan Medical Marihuana Program, which issues Michigan Medical Marihuana Program Registry Identification Cards. It is mandatory for medical marijuana patients and primary caregivers to maintain a valid state registry ID card to receive any protections afforded by the Michigan Medical Marihuana Act. A patient or caregiver who possesses a valid state registry ID card is presumed to be in possession of marijuana for medical purposes if the amount does not exceed the limits allowed by state law.
TABLE OF CONTENTS
- Michigan Medical Marijuana Statistics And Facts
- The Michigan Medical Marihuana Program (MMMP)
- Medical Marijuana Dispensaries In Michigan
- Michigan Recreational Marijuana Laws
- Michigan Marijuana News
MICHIGAN MEDICAL MARIJUANA STATISTICS AND FACTS
- According to the Michigan Department of Licensing and Regulatory Affairs, there were 84,785 new and renewal Medical Marijuana Program ID Card issued between October 2014 and October 2015.
- During Fiscal Year 2015, there were a total of 1,426 physicians who provided written certifications for qualifying medical marijuana patients.
- Between October 2014 and October 2015, the Michigan Medical Marihuana Program spent $3,872,590.51 administering the program and collected $7,091,549.98 in application and renewal fees.
- The top three counties for medical marijuana ID cards issued in 2015 were Wayne County (12,061 cards), Oakland County (7,927 cards), and Macomb County (6,405 cards).
- A Michigan Medical Marijuana Program participant cannot be disqualified from receiving unemployment benefits due to a positive marijuana test. However, a participant can be disqualified from unemployment for ingesting or being under the influence of marijuana while in the workplace.
- In 2015, the Michigan Court of Appeals ruled that registered medical marijuana patients cannot smoke marijuana in their car if it is parked in a lot open to the general public.
THE MICHIGAN MEDICAL MARIHUANA PROGRAM (MMMP)
The Michigan Medical Marihuana Program (MMMP) is a state registry program administered by the Department of Licensing and Regulatory Affairs. The MMMP administers the Michigan Medical Marihuana Act, issues Michigan Medical Marihuana Program Registry ID Cards, and ensures the confidentiality of program participants. Click here to visit the Michigan Medical Marihuana Program’s official website.
HOW TO QUALIFY FOR A MEDICAL MARIJUANA CARD IN MICHIGAN
- You must be a resident of the State of Michigan
- You must obtain written certification from a state licensed physician stating your debilitating medical condition and that you are likely to receive therapeutic or palliative benefit from the medical use of marijuana. Under the Michigan Medical Marihuana Program, a “debilitating medical condition” means one or more of the following:
- 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
- The treatment for any of the above conditions
- A chronic or debilitating disease or medical condition or its treatment that produces one 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
- Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis
- Any other medical condition or its treatment that is approved by the Department of Licensing and Regulatory Affairs
- Michigan citizens have the right to submit a request to the Michigan Medical Marihuana Review Panel to add conditions or treatments to the list of debilitating medical conditions that qualify for the use of medical marihuana
HOW TO APPLY FOR A MEDICAL MARIJUANA CARD IN MICHIGAN
To apply for a medical marijuana card in Michigan, you will need:
- A copy of your doctor’s written statement noting your medical condition and recommending medical marijuana
- Proof of identity and residency, which can be either:
- A valid Michigan photo ID, or
- A valid out-of-state photo ID with a copy of your Michigan voter’s registration card as proof of residency.
- Applicants under 18 years of age must provide two doctors’ statements and their parent or guardian must provide proof of identity, residency, and parentage or legal guardianship (such as a birth certificate or court order)
- A completed Michigan Medical Marihuana Program Application
In a single envelope, mail the above documents and a check or money order payable to State of Michigan-MMMP (see next section for fee rates) to:
Michigan Medical Marihuana Program
PO Box 30083
Lansing, MI 48909
FEES FOR A MEDICAL MARIJUANA CARD IN MICHIGAN
For applicants 18 years of age and older, there is a $60 application fee for patients and a $25 application fee for caregivers. Applicants under 18 years of age must pay both the $60 patient application fee and the $25 caregiver application fee.
CONTACT THE MICHIGAN MEDICAL MARIHUANA PROGRAM (MMMP)
Department of Licensing and Regulatory Affairs
Bureau of Professional Licensing
Michigan Medical Marihuana Program
PO Box 30083
Lansing, MI 48909
Telephone Number: 517-284-6400
Email Address: [email protected]
MEDICAL MARIJAUANA DISPENSARIES IN MICHIGAN
The Michigan Medical Marihuana Initiative does not allow or disallow for dispensaries and Michigan does not have any statewide dispensary regulations. Under state law, the only way to legally obtain medical marijuana is to grow it, have a caregiver grow it, or receive it as a gift. Regardless, there are several dispensaries operating in the state.
CULTIVATION AND POSSESSION OF MEDICAL MARIJUANA IN MICHIGAN
Under the Michigan Medical Marihuana Program, a qualified patient may possess up to 2.5 ounces of usable marijuana and grow up to 12 marijuana plants. A medical marijuana patient may designate a primary caregiver to grow up to 12 plants on their behalf. Each caregiver can grow marijuana for up to 5 patients, for a total of 60 plants. State law requires a caregiver to store each patient’s medical marijuana in a separate and securely locked location.
THE MICHIGAN MEDICAL MARIJUANA ACT
The Michigan Medical Marihuana Initiative was approved by voters on November 04, 2008. It was enacted into law as the Michigan Medical Marihuana Act (MCL 333.26421 to 333.26430) and became effective on December 04, 2008. The Act allows patients to grow up to 12 marijuana plants and possess up to 2.5 ounces of usable marijuana, allows primary caregivers to grow up to 12 marijuana plants for a patient, and limits primary caregivers to a maximum of 5 patients. The Michigan Medical Marijuana Act of 2008:
- Allows and provides protections for the medical use of marihuana under state law
- Provides for a system of registry identification cards for qualifying patients and primary caregivers and imposes a fee for registry application and renewal
- Allows for rules, administration, enforcement, and penalties regarding medical marijuana
- Allows affirmative defenses under state law for the medical use of marijuana
AMENDMENTS TO THE MICHIGAN MEDICAL MARIHUANA ACT
House Bill 4856 became effective on December 27, 2012
- Requires medical marijuana to be stored in an enclosed case in the trunk of the car when being transported in an automobile. If the automobile does not have a trunk, the medical marijuana must be enclosed in a case that is not readily accessible from the interior of the vehicle. Violation is a misdemeanor punishable by up to 93 days in jail and/or up to a $500 fine.
House Bill 4834 became effective on April 01, 2013
- Requires proof of Michigan residency when applying for a Medical Marihuana Program Registry ID Card (either an in-state photo ID or an out-of-state photo ID and proof of voter registration)
- Makes Registry ID Cards valid for two years instead of one
House Bill 4851 became effective on April 01, 2013
- Requires a “bona fide physician-patient relationship” for a physician to provide a medical marijuana certification, stating that a physician must create and maintain records of the patient’s condition and provide follow-up care
- Provides that state law protects a medical marijuana patient from arrest only if they have a valid Medical Marihuana Program Registry ID Card and photo ID.
PROPOSED MARIJUANA LEGISLATION IN MICHIGAN
House Bill 4209
- Would create the Medical Marihuana Facilities Licensing Act to establish a licensing and regulation framework for medical marihuana growers, processors, secure transporters, provisioning centers, and safety compliance facilities. The bill’s regulatory framework for medical marijuana is similar to the regulatory structure in place for alcohol under the Michigan Liquor Control Code and gaming under the Michigan Gaming Control and Revenue Act.
House Bill 4827
- Would create the Marihuana Tracking Act to require the establishment of a “seed-to-sale” system to track marijuana grown, processed, transferred, stored, or disposed of under the Medical Marihuana Facilities Licensing Act (House Bill 4209).
House Bill 4210
- House Bill 4210 would amend the Michigan Medical Marihuana Act to allow for the manufacture and use of marijuana-infused products by qualifying patients and the manufacture and transfer of such products by primary caregivers to their patients.
Note: House Bills 4209 and 4827 are tie-barred to each other, meaning neither could take effect unless both are enacted. All three bills would take effect 90 days after enactment.
Read the Bill Analyses for the most recent versions of HB 4209, HB 4827, and HB 4210.
MICHIGAN RECREATIONAL MARIJUANA LAWS
Currently, Michigan law does not allow for recreational marijuana use. The following penalties and fines are for the non-medical use of marijuana. Refer to MICHIGAN MEDICAL MARIJUANA LAWS for information about medical marijuana laws in Michigan.
PENALTIES AND FINES
|Any specified amount||Misdemeanor||1 year||
|In a park or playground||Misdemeanor or Felony||2 years||
|Use of marijuana||Misdemeanor||90 days||
|Sale without remuneration||Misdemeanor||1 year||
|Less than 5 kg.||Felony||4 years||
|5 kg. To 45 kg.||Felony||7 years||
|More than 45 kg.||Felony||15 years||
|Less than 20 plants||Felony||4 years||
|20 plants to 200 plants||Felony||7 years||
|200 plants or more||Felony||15 years||
|Hash & Concentrates|
|*Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.|
|Sale of paraphernalia||Misdemeanor||90 days||
RECENT ATTEMPT TO PLACE RECREATIONAL MARIJUANA ON THE NOVEMBER 08, 2016 BALLOT
In 2016, a group known as MI Legalize (also called the Comprehensive Cannabis Law Reform Initiative Committee) circulated the Michigan Marijuana Legalization Initiative, turning in 354,000 signatures on June 1st. On June 6th, Governor Rick Snyder signed Senate Bill 776 into law, which amended Michigan election law to prohibit signatures older than 180 days from being counted. The passage of SB 776 invalidated 137,000 of MI Michigan’s petition signatures, causing the Michigan Marijuana Legalization Initiative to be invalid. There are currently no recreational marijuana legalization initiatives on Michigan’s November 8th ballot.
Michigan passed its medical marijuana law in 2008, but the law remained murky, without clear definition as to whether dispensaries are legal. The law ...