Michigan medical marihuana act mmma quick reference materials. The bmmr is responsible for effectuating the mmfla and the 2008 medical marihuana act. Michigan s medical marihuana law was proposed and enacted based on the initiative process established in the michigan constitution, and is known as initiated law 1 of 2008, the michigan medical marihuana act the act. The mmfla established, among other things, the medical marihuana licensing board and license categories for entities that grow, process, transport, test, and sell medical marijuana. Michigan medical marijuana program patientscaregivers applications and forms. Medical marihuana facilities licensing act michigan legislature. Michigan medical marihuana act initiated law 1 of 2008. State of michigan advisory bulletin february 2, 2018 certified public accountant cpa attestations the purpose of this bulletin is intended to address requests for clarification on the issue of cpa attestations and capitalization as provided in rule 11 of the emergency administrative rules filed on december 4, 2017. Marijuana drunk driving people v koon michigan medical. Statelicensed sales of recreational cannabis began in december 2019. Pursuant to a petition and ballot proposal, michigan became one of the states enacted legislation allowing for the medical use of marihuana.
The act allows patients with a doctors recommendation or their caregivers to register with the state and legally possess up to 2. Prospective application of the michigan medical marijuana act by jesse viau submitted in partial fulfillment of the requirements of the king scholar program michigan state university college of law under the direction of professor catherine m. Registered primary caregiver of medical marijuana a primary caregiver as that term as defined in section 3 of initiated law 1 of 2008, as amended michigan medical marihuana act, being mcl 333. Conduct permitted under the act the michigan regulation and taxation of marihuana act would allow an individual who is at least 21 years old to do the following. The michigan bureau of medical marihuana regulation. Medical marijuana laws in michigan marijuana doctors. Michigan medical marihuana act current law marihuana is classified as a schedule 1 drug under the michigan public health code, mcl 333. Michigan medical marihuana act initiated law 1 of 2008 an initiation of legislation to allow under state law the medical use of marihuana. A 2018 initiative to legalize recreational use the michigan regulation and taxation of marihuana act passed with 56% of the vote. The passage of the act would appear to reflect a sentiment by many in the state that assistance should be provided to those truly suffering, and for this purpose a defined medical use exception should be made to the general policy that activities involving marihuana must be treated. The michigan compassionate care initiative was an indirect initiated state statute that allowed the medical use of marijuana for seriously ill patients. House bill 4210 amends the existing michigan medical marihuana act to allow for the manufacture and use of marihuana infused products such as products known as. In preparation, the state created the bureau of medical marihuana regulation bmmr. Legislative analysis summary as enacted 10202016 hb.
November 04, 2008, michigan voters approved proposal 1, michigan medical marihuana act effective december 04, 2008, removing all statelevel criminal penalties on the use, possession and cultivation of marijuana by patients possessing the medical recommendation from their physician, stating that he or she may benefit from the medical. Notice re regulation and taxation of marihuana act michigan. Introduction to medical marijuana facilities licensing. Yes, no more than 12 marijuana plants kept in an enclosed, locked facility. Michigan medical marijuana act mmma section 1 the title section the title of the act is the michigan medical marihuana act most notably, marijuana is spelled with an h instead of a j. The michigan marihuana act mma is found at mcl 333. Caregiving as a business under the michigan medical marihuana. City of muskegon muskegon county, michigan ordinance. The court distinguished the michigan motor vehicle code, mcl 257. The state of michigan has also been busy preparing for the upcoming deadline when applicants can first apply for state licensure to operate a commercial medical marihuana facility. Section8 defenses of the michigan medical marihuana act. Apr 25, 2018 november 04, 2008, michigan voters approved proposal 1, michigan medical marihuana act effective december 04, 2008, removing all statelevel criminal penalties on the use, possession and cultivation of marijuana by patients possessing the medical recommendation from their physician, stating that he or she may benefit from the medical.
Caregivers michigan medical marihuana act mmma scott f. A comprehensive overview of the michigan regulation and taxation of marihuana act. Michigans medical marihuana laws what you need to know. About medical marijuana facilities licensing introduction to medical marijuana facilities licensing the marijuana regulatory agency regulates the states medical marijuana facilities and licensees, including growers, processors, transporters, provisioning centers and safety compliance facilities in accordance with the medical marihuana facilities licensing act 2016. Michigan medical marijuana facts marijuana doctors. Michigan s road to marijuana access for medical and recreational use is one of the most unique of any state in the union. Or, outdoor plants must not be visible to the unaided eye from an adjacent property. A any term defined by the michigan medical marihuana act, 2008 il 1, mcl 333. Mckenna associates northille kalamazoo detroit, mi the october 2016 bulletin timel topics for communit leaders 888. City of muskegon muskegon county, michigan ordinance amendment no. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the state of michigan s formal registration process in accordance with the mmfla is not a medical marihuana facility.
New michigan medical marijuana law go into effect december. Medical marihuana facilities licensing act act 281 of 2016 an act to license and regulate. Caregiving as a business under the michigan medical. The proposed law would create a new act, the michigan medical marihuana act, to allow persons with debilitating medical conditions who have obtained a written certification from their physician and a registry identity card from the state to use marijuana to alleviate the symptoms or effects of their conditions. The michigan medical marihuana act authorizes a caregiver to sell medical marijuana on a limited basis. The michigan regulation and taxation of marihuana act allows individuals 21 years of age or older to possess, purchase, use, transport, and process up to 2. Michigan marijuana laws in 2020 medical marijuana, inc. Michigan medical marihuana act mmma summary for law enforcementprosecutorsdecember 20, 2016.
Michigan medical marijuana act up michigan caregivers. The michigan legislature website is a free service of the legislative internet technology team in cooperation with the michigan legislative council, the michigan house of representatives, and the michigan senate. The michigan judicial institute mji publications team creates and maintains the quick reference materials. Michigan medical marihuana act mmma statutory language. The general assembly finds and declares as follows. Medical use was legalized in 2008 through the michigan compassionate care initiative. Michigan medical marihuana act section4 defense mcl 333. Adoption by legislature of three bills addressing the commercialization of medical marihuana and medibles edible marijuana infused products signed into law by.
Ballot proposal 1 of 2018 michigan house of representatives. Frequently asked questions about the michigan medical. Contact us for a free noobligation case evaluation at 8006563557. All court opinions have chosen to ignore this uncommon spelling. An act to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance. Michigan medical marihuana act michigan municipal league. Michigan medical marijuana law norml working to reform. Regulatory aspects of mrtma mrtma establishes a comprehensive regulatory system for the issuance of licenses for the cultivation, processing, testing, transportation and retail sales of marihuana for.
Planning commission dates and submission deadlines pdf east lansing. The michigan department of state will certify the vote count, which usually takes 30 days. This act shall be known and may be cited as the michigan medical marihuana act. If mdch fails to adopt rules within 120 days, a qualifying patient may commence an action in the. Michigan medical marihuana act physician is not prescribing marihuana the certifying physician is not prescribing marihuana, physicians cannot do so. The michigan medical marihuana act provides that section 8 is applicable to patients and their primary caregivers regardless of whether they are registered under section 4. Marijuana is coming to the michigan electoral ballot this november, and we have been getting questions daily from medical marijuana clients and prospective marijuana business owners about what the ballot initiate says, what makes it different than the current law, and. A qualifying patient may elect to grow their own plants up to 12 or elect to have a primary caregiver assist them in growing medical marijuana.
Marihuana sold under mrtma is referred to as recreational or adultuse marihuana. House bill 4209, now public act 281, is the medical marihuana facilities licensing act. Michigan medical marihuana act section4 defense mcl. Facilities licensing act marihuana facilities act or the michigan medical marihuana act. Michigan medical marihuana act what is medical marijuana. Lara medical marijuana facilities licensing michigan. It was enacted into law as the michigan medical marihuana act mcl 333. Medical use of marijuana is permitted only if the use is in accordance with the state laws.
It was approved by voters as proposal 1 on november 6, 2008, 63 percent in favor to 37 percent opposed. Social equity adultuse marijuana medical marijuana facilities licensing. Federal illegality of marijuana under the controlled substances act affects all considerations of marijuana business activity. Medical marijuana licensing board and marihuana advisory panel. Persons may apply for a medical marihuana facility permit as a. Marihuana facilities licensing act, the michigan medical marihuana act and. Although medical marijuana has been legal in michigan since 2008, there was no allowance for dispensaries. The michigan medical marihuana initiative was approved by voters on november 04, 2008. An initiation of legislation to allow under state law the medical use of marihuana. I attest that i have completed a full assessment of the patients medical history and current medical condition, including a relevant, inperson, medical evaluation. A comprehensive overview of the michigan regulation and. Michigan medical marihuana act mmma marihuana tracking act mta medical marihuana facilities licensing act mmfla michigan regulation and taxation of marijuana act mrtma adult use state of michigan emergency rules effective through july 3, 2020. The physician is only stating an opinion as to the likelihood of a medical benefit, and can do. A 17member marihuana advisory panel is created within lara to make recommendations concerning rules and the administration of the act.
Medical marihuana facilities licensing act act 281 of 2016 an act to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities. Michigan medical marihuana ordinance mortar cannabis. Apr 25, 2018 michigan joined the ranks of medical marijuana states in 2008 when 63% of voters approved the michigan medical marihuana act. Medical marijuana ballot proposal of 2008 michigan. Summary of changes to marijuana ordinance chapter 0. Some functions of this site are disabled for browsers blocking jquery. The mmma allows for 12 plants per patient, or 72 plants total, if the caregiver is also a patient. A caregiver business model that includes any transfer of marijuana to anyone other than a connected patient is probably. The michigan medical marihuana act mmma allows caregivers to grow marijuana for up to 5 patients. An act to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities. Michigan medical marihuana act mmma quick reference. Its purpose is to license and regulate the growth, processing, transport and provisioning of medical marijuana. In november 2018, michigan voters approved the regulation and taxation of marijuana act, making the great lake state the 10th in the u.
Medical marihuana act and associated administrative rules and have a bona fide physicianpatient relationship with this patient. The act permits an individual with a qualifying debilitating medical condition to register as a medical marihuana patient with the michigan department of community health mdch and avoid criminal penalties under state law for certain medical uses of marijuana. The marijuana regulatory agency regulates the states medical marijuana facilities and licensees, including growers, processors, transporters, provisioning centers and safety compliance facilities in accordance with the medical marihuana facilities licensing act 2016. Possess, use, consume, purchase, transport, or process up to 2. I attest that i am in compliance with the michigan medical marihuana act and associated administrative rules and have a bona fide physicianpatient relationship with this patient. This guidance has been written for townships, but the statutes discussed apply to cities, villages and townships in the same way.
Michigan medical marihuana act michigan association of chiefs of. Nov 14, 2016 in addition, the issue of michigan medical marijuana dispensaries has been cleared up. Administrative rules for the michigan medical marihuana program pdf icon michigan. This act shall be known and may be cited as the medical marijuana act. Dec 15, 2016 new michigan medical marijuana law goes into effect december 20th.
Medical marijuana was legalized in 2008, but until recently dispensaries were considered illegal. Moreover, the court pointed out that the act does forbid an individual from operating a motor vehicle under the influence of marihuana, i. Medical document authorizing the use of cannabis for medical. Marihuana is classified as a schedule 1 drug under the michigan public health code, mcl. The medical marihuana act does not allow medical use of marihuana in school bus, school ground or any correctional centers. The act permits individuals with debilitating medical conditions to use marihuana if a physician certifies in writing that it may mitigate the symptoms of the condition. Com medical marijuana in michigan what hasnt changed. The michigan medical marihuana act the act became michigan law on december 4, 2008. Initiated law 1 of 2008, the michigan medical marihuana act, mcl 333. This amendatory act clarifies ambiguities in the law in accordance with the original intent of the people, as expressed in section 2b of the michigan medical marihuana act, 2008 il 1, mcl 333. It is a schedule 1 drug if the michigan board of pharmacy.
New michigan medical marijuana law go into effect december 20th. Fast facts under the michigan medical marihuana act, both an immunity provision section 4 and an affirmative defense provision section 8 offer protection against prosecution for the medical use of marijuana. If you are acting as either the legal guardian or medical durable power of attorney mdpoa for the applicant, you must submit a copy of proof of legal guardianship or mdpoa with signatory authority with the application. In an extraordinary vote, the people of michigan elected to allow individuals with a chronic or debilitating disease or medical condition the ability to use legally use marijuana as a valid medicine. Michigan medical marijuana laws cannabis legal group. Michigans medical marihuana act michigan municipal. The following qualify as a debilitating medical condition under the michigan medical marijuana act. Any section of this act being held invalid as to any person or circumstances shall not affect the application of. Cannabis in michigan is legal for recreational use. Effectivedecember 4, 2008 michigan department of community health mdch has 120 days after december 4, 2008, to adopt rules to implement the act. House bill 4827 creates a second new act the marihuana tracking act requiring the establishment of a seedtosale system to track marihuana. An overview of michigan s recreational marihuana law on november 6, 2018, michigan voters legalized recreational marijuana.
An overview of michigans recreational marihuana law. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the michigan medical marihuana act, 2008 il 1, mcl 333. Michigan medical marihuana act michigan legislature state of. Aug 22, 2012 how to become a registered qualifying patient under the michigan medical marihuana act. Michael komorn is recognized as a leading expert on the michigan medical marihuana act. Legislature modified the medical marijuana framework in michigan by enacting the medical marihuana facilities licensing act mmfla. Advice from david rudoi, criminal defense attorney. Medical document authorizing the use of cannabis for medical purposes under the access to cannabis for medical purposes regulations help on accessing alternative formats, such as portable document format pdf, microsoft word and powerpoint ppt files, can be obtained in the. In carrying out its responsibility, the bmmr has already released five advisory bulletins that shed light on the rules and regulations that will control growers, processors, transporters, provisioning centers, and safety compliance facilities. He is the president of the michigan medical marijuana association mmma, a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Michigan regulation and taxation of marihuana act full text. 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.
The mdpoa or legal guardian must also submit a copy of his or her proof of michigan residency see below. Michigan office of administrative hearings and rules. New michigan medical marijuana law goes into effect december 20th posted on december 15, 2016 april 16, 2018 by administrator in september, governor rick snyder signed three new medical marijuana mmj regulations into law, which are expected to take effect on december 20 th. However, you should carry a stateissued medical marijuana registry identification card to notify law enforcement officials that you are authorized under the act to use medical marijuana. The michigan bureau of medical marihuana regulation provides.
Dec 04, 2008 michigan medical marihuana act compilers note. Michigan medical marihuana act mmma summary for law enforcement prosecutorsdecember 20, 2016. In september, governor rick snyder signed three new medical marijuana mmj regulations into law, which are expected to take effect on december 20 th. Jun 19, 2018 michigan initiated law 1 of 2008known as the michigan medical marihuana actmade it legal to grow and use marijuana for debilitating medical conditions. Chapter 34, article iv of the code of ordinances of the city of muskegon, michigan is amended in its entirety, replacing sections 34101 through 34115 with the following. Law 1 of 2008, the michigan medical marihuana act the act.