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Amended Copy of the Michigan Medical Marihuana Act Includes Initiated Law 1 of 2008 Including the 2012 Amendments

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Amended Copy of the Michigan Medical Marihuana Act Includes Initiated Law 1 of 2008 Including the 2012 Amendments A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT A Guide to Understanding the MICHIGAN MEDICAL MARIJUANA ACT “WE MUST INCREASE AWARENESS TO INCREASE ACCEPTANCE” MYCOMPASSION.ORG OUR FOCUS: Medical Cannabis Education OUR OUTREACH: People, Patients, Caregivers, Healthcare Professionals, Research and Universities, Local and State Government A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT - Table of Contents - In a recent industry study published by Medical Marijuana Business Daily, “Marijuana Business Fact book 2013,” the State of Michigan was given a FAILING GRADE for stability in the regulatory structure of the Michigan Medical Marihuana Act with future projections of high volatility and low stability. This grade was the same grade given to the state of Montana where they have experienced a complete collapse of their medical cannabis law. Yet the most interesting facet of this study is that Michigan is cited as having the second largest medical cannabis market in the United States. This contrast of facts is very concerning. It’s ironic that this guide is subtitled “play by the rules,” as many of the characteristics of the conduct of the Michigan government have been similar to gamesmanship. It is the goal of every stakeholder within the protection of the Michigan Medical Marihuana Act to maintain compliance with the Act. At its present state, we are being sent signals by the Michigan government and courts that compliance is a moving target and if you think you are compliant today, you may not be compliant tomorrow. Many stakeholders have tried hard to self-regulate their activities to their best interpretation of the Act and industry standards practiced in other states only to have all established practices thrown out with the next, new wave of interpretations. It is the goal of this guide to help you to better understand the regulatory web that is now the framework for the Michigan Medical Marihuana Act. This guide is intended for informational purposes and should not be relied upon as a substitute for professional legal advice. This guide is the first widely published and distributed guide on the Michigan Medical Marihuana Act. Funding for the production of this guide is from generous donations received through Michigan Compassion, a 501(c)(3) exempt organization. Michigan Compassion’s mission, in part, is to educate the public on the Michigan Medical Marihuana Act. Your support for Michigan Compassion will ensure that we can continue to put out high quality programs like this guide to the general public. Please visit Michigan Compassions website for more information on its mission or to donate to the 2013 program initiatives, at www.mycompassion.org. James Campbell CPA Co-Founder and Governing Board Secretary Michigan Compassion FORWARD TABLE OF CONTENTS A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT - Table of Contents - Materials Compiled by Brad Forrester ~ 2013 Amended Copy of the Michigan Marihuana Act 6 - 13 Michigan Medical Marihuana Program 2012 Annual Report 14 - 18 Legislation that Affected Medical Cannabis Patients and Caregivers 19 - 22 Maps 23 - 28 Be Active in Your Own Municipality 29 - 32 Michigan Legislators 33 - 36 Summary of Legal Opinions and Court Findings 37 - 47 Understanding the Judicial Process 48 - 49 Being a Responsible Cannabis Consumer 50 FORWARD TABLE OF CONTENTS A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT Amended Copy of the Michigan Medical Marihuana Act Includes Initiated Law 1 of 2008 including the 2012 Amendments AN INITIATION of Legislation to allow under state law Section 333.26430 Severabilty. the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a 333.26421 Short title. system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for 1. Short Title. registry application and renewal; to provide for the Sec. 1. This act shall be known and may be cited as the promulgation of rules; to provide for the administration Michigan Medical Marihuana Act. of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for 333.26422 Findings, declaration. penalties for violations of this act. 2. Findings. History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 Sec. 2. The people of the State of Michigan find and © 2009 Legislative Council, State of Michigan declare that: The People of the State of Michigan enact: (a) Modern medical research, including as found by the National Academy of Sciences’ Institute of Medicine Document Description in a March 1999 report, has discovered beneficial uses for marihuana in treating or alleviating the pain, Section 333.26421 Short title. nausea, and other symptoms associated with a variety of debilitating medical conditions. Section 333.26422 Findings, declaration. (b) Data from the Federal Bureau of Investigation Section 333.26423 Definitions Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately Section 333.26424 Qualifying patient or primary 99 out of every 100 marihuana arrests in the United caregiver; arrest, prosecution, or penalty prohibited; States are made under state law, rather than under conditions; presumption; compensation; physician federal law. Consequently, changing state law will subject to arrest, prosecution, or penalty prohibited; have the practical effect of protecting from arrest the marihuana paraphernalia; person in presence or vicinity vast majority of seriously ill people who have a medical to medical use of marihuana; registry identification need to use marihuana. issued outside of department; sale of marihuana as felony; penalty. (c) Although federal law currently prohibits any use of marihuana except under very limited circumstances, Section 333.26425 Rules. states are not required to enforce federal law or prosecute people for engaging in activities prohibited Section 333.26426 Administration and enforcement of by federal law. The laws of Alaska, California, Colorado, rules by department. Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington Section 333.26427 Scope of act; limitations. do not penalize the medical use and cultivation of marihuana. Michigan joins in this effort for the health Section 333.26428 Defenses. and welfare of its citizens. Section 333.26429 Failure of department to adopt rules or issue valid registry identification card. 6 AMENDED COPY OF THE MICHIGAN MEDICAL MARIHUANA ACT A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT A GUIDE TO UNDERSTANDING THE MICHIGAN MEDICAL MARIJUANA ACT 3. Definitions. (3) Any other medical condition or its treatment approved by the department, as provided for in section Sec. 3. As used in this act: 6(k). (a) “Bona fide physician-patient relationship” means (c) “Department” means the department of licensing a treatment or counseling relationship between a and regulatory affairs. physician and patient in which all of the following are present: (d) “Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed (1) The physician has reviewed the patient’s relevant area equipped with secured locks or other functioning medical records and completed a full assessment security devices that permit access only by a registered of the patient’s medical history and current medical primary caregiver or registered qualifying patient. condition, including a relevant, in-person, medical Marihuana plants grown outdoors are considered to be evaluation of the patient. in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed (2) The physician has created and maintained records by an individual at ground level or from a permanent of the patient’s condition in accord with medically structure and are grown within a stationary structure accepted standards. that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material (3) The physician has a reasonable expectation that that prevents access by the general public and that is he or she will provide follow-up care to the patient to anchored, attached, or affixed to the ground; located monitor the efficacy of the use of medical marihuana on land that is owned, leased, or rented by either the as a treatment of the patient’s debilitating medical registered qualifying patient or a person designated condition. through the departmental registration process as the primary caregiver for the registered qualifying patient (4) If the patient has given permission, the physician or patients for whom the marihuana plants are grown; has notified the patient’s primary care physician of the and equipped with functioning locks or other security patient’s debilitating medical condition and certification devices that restrict access to only the registered for the use of medical marihuana to treat that condition. qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the (b) “Debilitating medical condition” means 1 or more of structure is located. Enclosed, locked facility includes the following: a motor vehicle if both of the following conditions are met: (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency
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