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Michigan Medical Marijuana

Facts

In 2013, there were

· 133,890 applications for medical marihuana registry identification cards were filed

· 118,368 qualifying patients and 27,046 primary caregivers

· 0 registry identification cards revoked

· 1,457 physician-provided written certification for qualifying medical marihuana patients

MDCH keeps a confidential list of the individuals to whom it has issued cards, which is exempt from disclosure under the Freedom of Information Act.

*****In November 2008, Michigan voters passed a referendum to enable certain specified persons to legally obtain, possess, cultivate/grow, use, and distribute marijuana. The "Medical Marihuana Act" went into effect on December 4, 2008..*****

Sample Ordinances:
Click here to see how Michigan municipalities are responding to the Medical Marihuana Act

Recent developments:
Ter Beek Supreme Court Ruling (February 6, 2014) A local ordinance cannot prohibit the usage of medical marihuana in Michigan by claiming cover under the federal Controlled Substances Act.

Ter Beek v Wyoming amicus brief filed by the Michigan Municipal League’s Legal Defense Fund Board on behalf of the city of Wyoming.

McQueen Supreme Court Ruling
This ruling limits medical marihuana sales to caregiver to patient, prohibiting patient to patient sales.

House Bill 4271: A bill to regulate medical marihuana provisioning centers and other related entities; to provide for the powers and duties of certain state and local governmental officers and entities; to provide immunity for persons engaging in medical marihuana-related activities in compliance with this act; to prescribe penalties and sanctions and provide remedies; and to allow the promulgation of rules.

This bill was passed by the House on 12/12/13; it was referred to the Senate Committee on Government Operations on 1/8/14.

Resources:

Michigan Attorney General's Formal Opinion Issued June 28, 2011

A Local Government View of the MMMA by Gerald A. Fisher, Consultant

The "Medical Marihuana Act"

Department of Community Health Administrative Rules, effective April 4, 2209

State of Michigan "Medical Marihuana Program" (MMMP)

State of Michigan "Medical Marihuana Q&A"

State of Michigan Prosecuting Attorneys Association PowerPoint (PDF)

Video on Pre-Con Education Session: Medical Marihuana Act and Your Community

 

 

 

 

 

 

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