PRIMARY CARE GIVERS

QUALIFYING PATIENTS         DOCTORS       TREATED MEDICAL CONDITIONS       LAWYERS         FREE LEGAL FORM BANK 

 This site is a FREE Service of Attorney Gregory Carl Schmid, Author of original Personal Responsibility Amendment Initiatives 

  USE THE LINKS ABOVE FOR INFORMATION THAT APPLIES TO YOU!  

  

A primary caregiver generally grows marijuana to assist the patient in  the medical use of marijuana.


FREE LEGAL RESOURCE & INFORMATION CLEARINGHOUSE

 

A Primary Caregiver Can Have Up to 5 Qualifying Patients

Maximum 12 plants and 2.5 oz. for each registered qualifying patient

(You get a card for each one when the Qualifying Patient designates you as Primary Care Giver) 

 

 

Inquiry and Survey for Primary Caregivers

This is not a Do It Yourself Project: You need a Lawyer and a Locksmith to maximize your protection. 

"Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.

 

Primary Caregivers - [Section 4(e)] "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs.  

Bystanders and assistants – A person 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.
Providers of Paraphernalia for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.
Compensation - [Section 3(g)] 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.

FAIR WARNING - this is a state law, and federal authorities will likely be able to arrest you despite the protections this law gives you from arrest under state laws. Statistically, about 1% of majiuana arrests and convictions are federal. 

DON'T BE A STATISTIC.


The Michigan Medical Marijuana Act
What Primary Care Givers Need to Know


Effective Date: 10 days after official certification of the election [Mich Const 1963 Art. 2, Sec. 9], which is  scheduled to be November 24, with a December 4, 2008 effective date. Registry ID Card Program could take until Early April to commence  accepting applications. It can take 20 days to get a card once you apply.

 

Law specifically authorizes medical use:  Section 7 (a) "The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act."

 

Medical Use of Marijuana - "Medical use" means 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.

 

Two Levels of Protection - The department will be issuing Registry ID Cards, which makea qualifying patient immune from arrest. If you don't get a card you can still use the Medical Marijuana Defense.

Registry ID Card Protections and Immunities

Affirmative Defense regardless of Registry ID card

 

Disqualifications for protections under Act: Section 8(a) provides that the defendant cannot assert the affirmative defense if possessing or engaging in the use of marijuana was in violation of Section 7(b) of the Act. Section 7(b) lists certain disqualifying criteria that apply to the Section 8 affirmative defense and to the Act's other more prophylactic immunities for registry participants. The defense may not be asserted for any of the following:

Smoking marijuana "in any public place";

Smoking marijuana on any form of public transportation;

Any use by a person who has no serious or debilitating medical condition;

Any conduct where being under the influence would constitute negligence or professional malpractice per se;

Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

Any use or possession in a school bus;

Any use or possession on the grounds of any preschool, primary, or secondary school;

Any use or possession in any correctional facility;

 

All State Laws Inconsistent with Act Do Not Apply to Medical Use: [Section 7(e)] "All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act."

No Seizure or Forfeiture of Marijuana Supply: 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. [Section 4(h)]

Card not Probable Cause: [Section 6(g)] Possession /application 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, or

·         otherwise subject the person or property of the person to inspection by any local, county or state governmental agency.

READ FULL TEXT OF THE NEW MICHIGAN MEDICAL MARIJUANA ACT HERE

 

Protections for Primary Care Givers for acts related to the Medical Use of Marihuana: [Section 4(b)] 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 marijuana

·         in accordance with this act,

 

THE MAX

The primary caregiver possesses an amount 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 [A caregiver can have no more than 5 patients], and

·         12 marihuana plants kept in an enclosed, locked facility 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; and

·         any incidental amount of seeds, stalks, and unusable roots.

 

BUT WAIT....THERE IS ANOTHER RULE FOR THE AFFIRMATIVE DEFENSE 

The Reasonably Necessary Quantity [Section 8(a)2]:

The patient and the patient's primary caregiver, if any, were collectively

·         in possession of a quantity of marijuana that was

·         not more than was reasonably necessary

·         to ensure the uninterrupted availability of marijuana

·         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

 

Get Model Motion To Dismiss

The Medical Purpose Affirmative Defense

The law sets up a registry ID program, with written certifications for Doctors, and designated Primary Caregiver. This program offers more affirmative immunities, including immunity from arrest. However, if you are charged with any crime relating to marijuana, you can asset the Medical Purpose Affirmative Defense. This is an umbrella defense for patients and primary caregivers, regardless of whether they are registered with the government, and if defendant makes a showing of its elements at an evidentiary hearing the court must dismiss the case. This catch all defense is very powerful, and not difficult to prove.  

Statutory authority to assert defense and presumption: Section 8(a) authorizes assertion of the affirmative defense, and crates a presumption of validity of the defense where a showing is made as to its elements. "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 the elements of the defense." Generally, in asserting affirmative defenses, defendant has the burden of going forward, with proof by a preponderance of the evidence. At trial, where the defense has been asserted, and the threshold showing has been made by defendant, the prosecutor must show, beyond a reasonable doubt, that the legally excusing elements of the defense do not exist.

 

Statutory authority to bring a motion to dismiss, and mandatory dismissal:

Section 8(b) establishes the statutory authority for a motion to dismiss. "A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the specified elements of the defense." The showing must prove the elements by a preponderance of the evidence, and where this showing is made the dismissal is mandatory.

 

Standing and Scope of the Affirmative defense:

The affirmative defense is available to the following people:

Any "patient" who demonstrates the patient's medical purpose for using marihuana pursuant to this section; or

Any patient's "primary caregiver" who demonstrates the patient's medical purpose for using marihuana pursuant to this section.

The defense applies to the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia, in these proceedings:

Any prosecution involving marihuana [Section 8(a)]

Any disciplinary action by a business or occupational or professional licensing board or bureau [Section 8(c)1]; or

Forfeiture of any interest in or right to property. [Section 8(c)2]

 

No Seizure or Forfeiture of Marijuana Supply: 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. [Section 4(h)]

FAQ                   SECTION BY SECTION REFERENCE            HISTORY   

General inquiry

 

 Shall issue registry identification cards within 5 days of approval: [Section 6]

·         Expires 1 year after the date of issuance.

·         Contains all the following information:

Name, address, and date of birth of the qualifying patient.

Name, address, and date of birth of the primary caregiver, if any, of the qualifying patient.

The date of issuance and expiration date of the registry identification card.

A random identification number.

A photograph, if the department requires 1 by rule.

A clear designation showing whether the primary caregiver or the qualifying patient will be allowed under state law to possess the marihuana plants (determined based solely on the qualifying patient's preference)



Effective Date of Act: 10 days after official certification of the election [Mich Const 1963 Art. 2, Sec. 9], which in turn must occur within 2 weeks of the November 4 election date.  Registry ID Card Program could take until late March to commence  accepting applications. It can take 20 days to get a card once you apply.

 

Law specifically authorizes medical use:  Section 7 (a) "The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act."

 

Medical Use of Marijuana - "Medical use" means 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.

 

Two Levels of Protection - The department will be issuing Registry ID Cards, which makea qualifying patient immune from arrest. If you don't get a card you can still use the Medical Marijuana Defense.

Registry ID Card Protections and Immunities

Affirmative Defense regardless of Registry ID card

 

Disqualifications for protections under Act: Section 8(a) provides that the defendant cannot assert the affirmative defense if possessing or engaging in the use of marijuana was in violation of Section 7(b) of the Act. Section 7(b) lists certain disqualifying criteria that apply to the Section 8 affirmative defense and to the Act's other more prophylactic immunities for registry participants. The defense may not be asserted for any of the following:

Smoking marijuana "in any public place";

Smoking marijuana on any form of public transportation;

Any use by a person who has no serious or debilitating medical condition;

Any conduct where being under the influence would constitute negligence or professional malpractice per se;

Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

Any use or possession in a school bus;

Any use or possession on the grounds of any preschool, primary, or secondary school;

Any use or possession in any correctional facility;

 

 

The Medical Purpose Affirmative Defense

The law sets up a registry ID program, with written certifications for Doctors, and designated Primary Caregiver. This program offers more affirmative immunities, including immunity from arrest. However, if you are charged with any crime relating to marijuana, you can asset the Medical Purpose Affirmative Defense. This is an umbrella defense for patients and primary caregivers, regardless of whether they are registered with the government, and if defendant makes a showing of its elements at an evidentiary hearing the court must dismiss the case. This catch all defense is very powerful, and not difficult to prove.  

Statutory authority to assert defense and presumption: Section 8(a) authorizes assertion of the affirmative defense, and crates a presumption of validity of the defense where a showing is made as to its elements. "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 the elements of the defense." Generally, in asserting affirmative defenses, defendant has the burden of going forward, with proof by a preponderance of the evidence. At trial, where the defense has been asserted, and the threshold showing has been made by defendant, the prosecutor must show, beyond a reasonable doubt, that the legally excusing elements of the defense do not exist.

 

Statutory authority to bring a motion to dismiss, and mandatory dismissal:

Section 8(b) establishes the statutory authority for a motion to dismiss. "A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the specified elements of the defense." The showing must prove the elements by a preponderance of the evidence, and where this showing is made the dismissal is mandatory.

 

Standing and Scope of the Affirmative defense:

The affirmative defense is available to the following people:

Any "patient" who demonstrates the patient's medical purpose for using marihuana pursuant to this section; or

Any patient's "primary caregiver" who demonstrates the patient's medical purpose for using marihuana pursuant to this section.

The defense applies to the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia, in these proceedings:

Any prosecution involving marihuana [Section 8(a)]

Any disciplinary action by a business or occupational or professional licensing board or bureau [Section 8(c)1]; or

Forfeiture of any interest in or right to property. [Section 8(c)2]

 

No Seizure or Forfeiture of Marijuana Supply: 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. [Section 4(h)]

 

Disqualifications: Section 8(a) provides that the defendant cannot assert the affirmative defense if possessing or engaging in the use of marijuana was in violation of Section 7(b) of the Act. Section 7(b) lists certain disqualifying criteria that apply to the Section 8 affirmative defense and to the Act's other more prophylactic immunities for registry participants. The defense may not be asserted for any of the following:

Smoking marijuana "in any public place";

Smoking marijuana on any form of public transportation;

Any use by a person who has no serious or debilitating medical condition;

Any conduct where being under the influence would constitute negligence or professional malpractice per se;

Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

Any use or possession in a school bus;

Any use or possession on the grounds of any preschool, primary, or secondary school;

Any use or possession in any correctional facility;

 

Elements of the Affirmative Defense:

The Gatekeeper's Statement [Section 8(a)1]:

·         A physician (Licensed MD or Osteopath)

·         has stated that

·         in the physician's professional opinion

·         after having completed a full assessment of

·         the patient's medical history and

·         patient's current medical condition

·         which assessment was made in the course of a bona fide physician-patient relationship

·         that the 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 Reasonably Necessary Quantity [Section 8(a)2]:

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

The Medical Purpose [Section 8(a)3]:

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.

 


Medical Use of Marijuana - "Medical use" means 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.

 

 

Disqualifications for Protections under Act: Section 8(a) provides that the defendant cannot assert the affirmative defense if possessing or engaging in the use of marijuana was in violation of Section 7(b) of the Act. Section 7(b) lists certain disqualifying criteria that apply to the Section 8 affirmative defense and to the Act's other more prophylactic immunities for registry participants. The defense may not be asserted for any of the following:

Smoking marijuana "in any public place";

Smoking marijuana on any form of public transportation;

Any use by a person who has no serious or debilitating medical condition;

Any conduct where being under the influence would constitute negligence or professional malpractice per se;

Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

Any use or possession in a school bus;

Any use or possession on the grounds of any preschool, primary, or secondary school;

Any use or possession in any correctional facility;

 

 

Parties Protected by the Act

Patients - [affirmative defense only] a user or caretaker who possesses not more than an amount reasonably necessary to insure uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms, uses for a medical purpose, whose doctor has stated 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.

Registered Qualifying Patients - [Section 3(f)]. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. Must have a registry identification card, or legal equivalent if department fails to issue. [Section 9(b)].

Visiting Qualifying Patient - [Section 4(j)] "Visiting qualifying patient" means a patient who is not a resident of this state or who has been a resident of this state for less than 30 days. [Section 3(k)] A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

Primary Caregivers - [Section 4(e)]"Primary caregiver" means 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 never been convicted of a felony involving illegal drugs. [Section 3(g)]    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.

Physicians - [Section 3(f)]"Physician" means an individual licensed as a physician under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556. 

Bystanders and assistants – A person 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.

Providers of Paraphernalia for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.

 

 

Scope of Protections

Ancillary Protections

All State Laws Inconsistent with Act Do Not Apply to Medical Use: [Section 7(e)] "All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act."

No Seizure or Forfeiture of Marijuana Supply: 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. [Section 4(h)]

Card not Probable Cause: [Section 6(g)] Possession /application 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, or

·         otherwise subject the person or property of the person to inspection by any local, county or state governmental agency.

Act does not create special entitlements [Section 7(c)]

Nothing in t his act shall be construed to require:

·         A government medical assistance program or commercial or non-profit health insurer

to reimburse a person for costs associated with the medical use of marihuana.

·         An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.

 

Parental Rights [Section 4(C)]

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.

 

Specific Protections Afforded under the Registry ID Card Program

 

Presumption afforded to Registry Participants: [Section 4(d)]

There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

·       is in possession of a registry identification card; and

·       is in possession of an amount of marihuana that does not exceed the amount allowed under this act.

The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

Registered Qualifying Patient Protections for the Medical Use of Marihuana:  [Section 4(a)]

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,

 

Amount Allowed. The qualified user may possesses an amount that does not exceed:

·         2.5 ounces of usable marihuana,

·         12 marihuana plants ( if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient)

·         Kept in an enclosed, locked facility. "Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only   by a registered primary caregiver or registered qualifying patient.

·         Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under       state law and shall not be included in this amount.

 

Protections for Primary Care Givers for acts related to the Medical Use of Marihuana: [Section 4(b)] 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,

 

Amount Allowed. The primary caregiver possesses an amount 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 [A caregiver can have no more than 5 patients], and

·         12 marihuana plants kept in an enclosed, locked facility 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; and

·         any incidental amount of seeds, stalks, and unusable roots.

 

Protections and Responsibilities of Physicians: [Section 4(f)]

Nothing prevents a professional licensing board from sanctioning a physician for

·         failing to properly evaluate a patient's medical condition, or

·         otherwise violating the standard of care for evaluating medical conditions.

 

Law provides that a  physician (as defined by the act) 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 the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau,

·         solely for providing written certifications, in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the qualifying patient's medical history,

·         or for otherwise stating that, in the physician's professional opinion, 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 associated with the serious or debilitating medical condition

 

Bystander or assistant [Section 4(i)]

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.

 

Provider of marihuana paraphernalia: [Section 4(g)] 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,

·         for providing

·         a registered qualifying patient or

·         a registered primary caregiver

·         with marihuana paraphernalia

·         for purposes of a qualifying patient's medical use of marihuana.

 

Specific Protections from assertion of  Affirmative Defense

·         Any prosecution involving marihuana [Section 8(a)]

·         Any disciplinary action by a business or occupational or professional licensing board or bureau [Section 8(c)1]; or

·         Forfeiture of any interest in or right to property. [Section 8(c)2]

Note: 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. [Section 4(h)]

 

 

 

Special Considerations for Minors

The department shall not issue a registry identification card to a qualifying patient who is under the age of 18 unless:

·         The qualifying patient's physician has explained the potential risks and benefits of the medical use of marihuana to the qualifying patient and to his or her parent or legal guardian;

·         The qualifying patient's parent or legal guardian submits a written certification from 2 physicians; and

·         The qualifying patient's parent or legal guardian consents in writing to: (A) Allow the qualifying patient's medical use of marihuana; (B) Serve as the qualifying patient's primary caregiver; and (C) Control the acquisition of the marihuana, the dosage, and the frequency of the medical use of marihuana by the qualifying patient.

 

Parental Rights: 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.

 

 

Maximum Amount

Primary caregiver may possess an amount 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 [NO MORE THAN 5 PATIENTS/caregiver] and

12 marihuana plants kept in an enclosed, locked facility 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; and

any incidental amount of seeds, stalks, and unusable roots.

 

Registered Qualified User

2.5 ounces of usable marihuana,

12 marihuana plants ( if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient)

 

Affirmative Defense: The Reasonably Necessary Quantity [Section 8(a)2]:  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

 

 

 

Medical Conditions Covered

Physicians as Gatekeepers – There is no provision whatsoever in this law that allows anyone to second guess your physician’s professional judgment. This includes not only the judgment that marijuana is likely to produce therapeutic or palliative benefits but also the judgment as to whether your condition meets the statutory criteria. This statutory criterion has several options that allow the specific list to be expanded substantially. As shown below, if not on the specific list of conditions immediately below, you can qualify if your doctor determines, in his or her  judgment that that you have, “A chronic or debilitating disease or medical condition or its treatment that produces 1 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; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.

Even more expansive is the very general criteria set for umbrella affirmative defense. It includes any “serious medical condition” in addition to “debilitating medical condition” and does not require any “chronic and sever pain” or other specific symptoms

 

Specific Medical Conditions listed in Statute

“Debilitating medical conditions":[Section 3 (a)1]

Applies to these medical conditions and the treatment of the following conditions:

Cancer

Glaucoma

Positive status for human immunodeficiency virus

Acquired immune deficiency syndrome

Hepatitis C

Amyotrophic lateral sclerosis (ALS - Lou Gehrig's Disease)

Crohn's disease

Agitation of Alzheimer's disease

Nail patella

New conditions can be specified: [Section 3 (a)3] Applies to any other medical condition or its treatment approved by the department, as provided for in section 5(a).

 

General Diseases , Medical Conditions, and treatment not listed but authorized in Statute: Open ended definition of  "Debilitating medical condition" includes any other conditions below [Section 3 (a)2]

A chronic disease or its treatment

A chronic medical condition or its treatment

A debilitating disease or its treatment

A debilitating medical condition or its treatment

if it produce sany of these symptoms or side effects:

cachexia or wasting syndrome;

severe nausea;

seizures, including but not limited to those characteristic of epilepsy; or

severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.

Departmental Authority to expand conditions covered

New conditions can be specified in future: [Section 3 (a)3] Applies to any other medical condition or its treatment approved by the department, as provided for in section 5(a).

 

Affirmative Defense Conditions Covered [section 8] - any “serious or debilitating medical condition” or “symptoms” of a serious or debilitating medical condition, if a doctor has stated, in his professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's the condition or symptoms.

·         This standard is different than for obtaining the written certification for the registry ID card – it includes any “serious medical condition” in addition to “debilitating medical condition” and does not require any “chronic and sever pain” or other specific symptoms, so the defense applies if your doctor, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, makes the statement that, “in my professional opinion, you likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate your serious condition or its symptoms.”

 

 

Issuing Registry ID Cards

 

The Certificate

The law requires a qualifying patient to present a written certificatation to the Department in order to obtain a Registry ID Card. This remains confidential. “Written certification" means a document signed by a physician, stating the patient's debilitating medical condition and stating 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. The written certification is not a prerequisite to asserting the Affirmative Defense.

 

Shall issue a Registry ID Card. [Section 6]

Shall issue registry identification cards to qualifying patients who submit the following:

A written certification;

Application or renewal fee;

Name, address, and date of birth of the qualifying patient, ( homeless need no address)

Name, address, and telephone number of the qualifying patient's physician;

Name, address, and date of birth of the qualifying patient's primary caregiver, if any; and

If the qualifying patient designates a primary caregiver, a designation as to whether the qualifying patient or primary caregiver will be allowed under state law to possess marihuana plants for the qualifying patient's medical use.

 

Shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patient's approved application; [Section 6]

·         each 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.

 

Approve or deny an application or renewal within 15 days of receiving it. [Section 6]

Deny an application or renewal only if the applicant did not provide the information required pursuant to this section, or if the department determines that the information provided was falsified.

Subject to judicial review in the circuit court for the county of Ingham.

 

 

Shall issue registry identification cards within 5 days of approval: [Section 6]

·         Expires 1 year after the date of issuance.

·         Contains all the following information:

Name, address, and date of birth of the qualifying patient.

Name, address, and date of birth of the primary caregiver, if any, of the qualifying patient.

The date of issuance and expiration date of the registry identification card.

A random identification number.

A photograph, if the department requires 1 by rule.

A clear designation showing whether the primary caregiver or the qualifying patient will be

allowed under state law to possess the marihuana plants (determined based solely on the

qualifying patient's preference)

 

Card deemed granted [Section 9(b)]

If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.

 

Affidavit in lieu of Registry ID Card: [Section 9(c)] If at any time after the 140 days following the effective date of this act the department is not accepting applications, including if it has not created rules allowing qualifying patients to submit applications, a notarized statement by a qualifying patient containing the information required in an application, pursuant to section 6(a)(3)-(6) together with a written certification, shall be deemed a valid registry identification card.

 

 

The Department of Community Health

 

Department to Promulgate Rules by March 2009. [Section 5]

Not later than 120 days after the effective date of this act. [effective date is 10 days after election certified] Department must make rules that:

·         Govern the manner in which the department shall consider the addition of medical conditions or treatments

·         Shall allow for petition by the public to include additional medical conditions and treatments.

·         Provide notice of, and an opportunity to comment in a public hearing upon, such petitions.

After hearing, approve or deny such petitions within 180 days of the submission of the petition.The approval or denial subject to judicial review in the circuit court for the county of Ingham.

Promulgate rules govern the manner in which it shall consider applications for and renewals of Registry identification cards for qualifying patients and primary caregivers.

·         Establish application/renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this act.

·         may establish a sliding scale of application and renewal fees based upon a qualifying patient's family income.

·         may accept gifts, grants, and other donations from private sources to reduce the application and renewal fees.

 

Annual Program Report to Legislature:

submit to the legislature an annual report that does not disclose any identifying information about qualifying patients, primary caregivers, or physicians, but does contain, at a minimum, all of the following information:

·         The number of applications

·         The number approved in each county.

·         The nature of the debilitating medical conditions.

·         The number cards revoked.

·         The number of physicians providing written certifications for qualifying patients.

 

 

 

Revocation of Registry ID Cards

 

Physician Notice to Department-Card Revoked: If a registered qualifying patient's certifying physician notifies the department in writing that the patient has ceased to suffer from a debilitating medical condition, the card shall become null and void upon notification by the department to the patient. [Section 6(f)]

 

Revocation of Registry Identification Card and Felony for Abuse:[Section 4(k)]

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.

 

 

Penalties for False Pretenses and Abuse of Program

 

Penalty for Fraudulent representation [Section 7(d)]

·         False Stements made

·         to a law enforcement official

·         of any fact or circumstance

·         relating to the medical use of marihuana

·         to avoid arrest or prosecution

·         shall be punishable by a fine of $500.00, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marihuana other than use undertaken pursuant to this act.

 

Revocation of Registry Identification Card and Felony for Abuse:[Section 4(k)]

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.

 

 

Confidentiality Rules

Confidentiality Rules: [Section 6(h)]

·         Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

·         Department must 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 is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

·         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.

·         A person, including an employee 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

·         Department employees may notify law enforcement about falsified or fraudulent information submitted

 

I know how to spell Marijuana! If you see it spelled with an H (marihuana) don't laugh. The Michigan laws have always spelled it that way, and the new law left it alone becasue of the technical difficulty and risk associates with changing a spelling. I have tried to correct it where I find it, but I miss a few.

Stedman's Concise Medical Dictionary for health professionals v2 4th edition
patient - one who is suffering from disease, injury, abnormal state, or mental disorder.

relationship - the state of being related, associated, or connected.

symptom - any morbid phenomenon or departure from the normal in structure, function, or sensation, experienced by the patient and indicative of disease. See Also: phenomenon (1), reflex (1), syndrome, sign (1).

relieve - to free wholly or partly from pain or discomfort, either physical or mental.

chronic - 1. referring to a health-related state, lasting a long time. 2. referring to exposure, prolonged or long-term, sometimes meaning also low-intensity. 3. the U.S. National Center for Health Statistics defines a chronic condition as one of three months' duration or longer.

pain - 1. an unpleasant sensation associated with actual or potential tissue damage, and mediated by specific nerve fibers to the brain where its conscious appreciation may be modified by various factors. 2. term used to denote a painful uterine contraction occurring in childbirth.

Chronic
1. referring to a health-related state, lasting a long time.
2. referring to exposure, prolonged or long-term, sometimes meaning also low-intensity.
3. the U.S. National Center for Health Statistics defines a chronic condition as one of three months' duration or longer.

symptom - any morbid phenomenon or departure from the normal in structure, function, or sensation, experienced by the patient and indicative of disease. See Also: phenomenon (1), reflex (1), syndrome, sign (1).

cachexia - a general weight loss and wasting occurring in the course of a chronic disease or emotional disturbance.

nausea - a feeling of being sick at the stomach; an inclination to vomit.

seizure - 1. an attack; the sudden onset of a disease or of certain symptoms.
2. an epileptic attack. Syn: convulsion (2).

epilepsy - a chronic disorder characterized by paroxysmal brain dysfunction due to excessive neuronal discharge, and usually associated with some alteration of consciousness. The clinical manifestations of the attack may vary from complex abnormalities of behavior including generalized or focal convulsions to momentary spells of impaired consciousness. These clinical states have been subjected to a variety of classifications, none universally accepted to date and, accordingly, the terminologies used to describe the different types of attacks remain purely descriptive and nonstandardized; they are variously based on 1) the clinical manifestations of the seizure (motor, sensory, reflex, psychic or vegetative), 2) the pathologic substrate (hereditary, inflammatory, degenerative, neoplastic, traumatic, or cryptogenic), 3) the location of the epileptogenic lesion (rolandic, temporal, diencephalic regions), and 4) the time period at which the attacks occur (nocturnal, diurnal, menstrual). Syn: fit (3), seizure disorder.


spasm - a sudden involuntary contraction of one or more muscle groups; includes cramps, contractures. Syn: spasmus, muscle spasm.


multiple sclerosis (MS) - common demyelinating disorder of the central nervous system, causing patches of sclerosis (plaques) in the brain and spinal cord; occurs primarily in young adults; clinical manifestations depend upon the location and size of the plaques; typical symptoms include visual loss, diplopia, nystagmus, dysarthria, weakness, paresthesias, bladder abnormalities, and mood alterations; characteristically, the symptoms show exacerbations and remissions.

patient - one who is suffering from disease, injury, abnormal state, or mental disorder.

relationship - the state of being related, associated, or connected.

relieve - to free wholly or partly from pain or discomfort, either physical or mental.

debilitating - denoting or characteristic of a morbid process that causes weakness.

medical - 1. relating to medicine or the practice of medicine. Syn: medicinal

cancer - general term for malignant neoplasms; carcinoma or sarcoma, especially the former.

neoplasm - an abnormal tissue that grows by cellular proliferation more rapidly than normal and continues to grow after the stimuli that initiated the new growth cease. Neoplasms show partial or complete lack of structural organization and functional coordination with the normal tissue, and usually form a distinct mass of tissue which may be either benign (benign tumor) or malignant (cancer). Syn: tumor (2).

carcinoma, pl. carcinomas, carcinomata (CA) - any of the various types of malignant neoplasm derived from epithelial tissue, occurring more frequently in the skin and large intestine in both sexes, the lung and prostate gland in men, and the lung and breast in women. Carcinomas are identified histologically on the basis of invasiveness and the changes that indicate anaplasia, i.e., loss of polarity of nuclei, loss of orderly maturation of cells (especially in squamous cell type), variation in the size and shape of cells, hyperchromatism of nuclei (with clumping of chromatin), and increase in the nuclear-cytoplasmic ratio. Carcinomas may be undifferentiated, or the neoplastic tissue may resemble (to varying degree) one of the types of normal epithelium.

sarcoma - a connective tissue neoplasm, usually highly malignant, formed by proliferation of mesodermal cells.

glaucoma - a disease of the eye characterized by increased intraocular pressure and excavation and atrophy of the optic nerve; produces defects in the visual field and may result in blindness.

human immunodeficiency virus (HIV) - human T-cell lymphotropic virus type III; a cytopathic retrovirus that is the etiologic agent of acquired immunodeficiency syndrome (AIDS). Syn: lymphadenopathy-associated virus.
MEDICINE denoting a response to a diagnostic maneuver or laboratory study that indicates the presence of the disease or condition tested for.

AIDS - a syndrome of the immune system characterized by opportunistic diseases, including candidiasis, Pneumocystis carinii pneumonia, oral hairy leukoplakia, herpes zoster, Kaposi sarcoma, toxoplasmosis, isosporiasis, cryptococcosis, non-Hodgkin lymphoma, and tuberculosis. The syndrome is caused by the human immunodeficiency virus (HIV-1, HIV-2), which is transmitted in body fluids (notably blood and semen) through sexual contact, sharing of contaminated needles (by IV drug abusers), accidental needle sticks, contact with contaminated blood, or transfusion of contaminated blood or blood products. Hallmark of the immunodeficiency is depletion of T4+ helper/inducer lymphocytes, primarily the result of selective tropism of the virus for the lymphocytes. Syn: acquired immunodeficiency syndrome.

hepatitis C - a viral hepatitis, usually mild but often progressing to a chronic stage; the most prevalent type of post-transfusion hepatitis, which is inflammation of the liver; usually from a viral infection, but sometimes from toxic agents.

amyotrophic lateral sclerosis (ALS) - a disease of the motor tracts of the lateral columns and anterior horns of the spinal cord, causing progressive muscular atrophy, increased reflexes, fibrillary twitching, and spastic irritability of muscles; associated with a defect in superoxide dismutase. Syn: Lou Gehrig disease, Aran-Duchenne disease, Duchenne-Aran disease, Charcot disease, progressive muscular atrophy, Cruveilhier disease.

regional enteritis chrohns disease - a chronic enteritis, of unknown cause, involving the terminal ileum and less frequently other parts of the gastrointestinal tract; characterized by patchy deep ulcers that may cause fistulas, and narrowing and thickening of the bowel by fibrosis and lymphocytic infiltration, with noncaseating tuberculoid granulomas that also may be found in regional lymph nodes; symptoms include fever, diarrhea, cramping abdominal pain, and weight loss. Syn: granulomatous enteritis, distal ileitis, Crohn disease, terminal ileitis, regional ileitis.

Alzheimer disease - progressive mental deterioration manifested by loss of memory, ability to calculate, and visual-spatial orientation; confusion; disorientation. Begins in late middle life and results in death in 5-10 years. The brain is atrophic; histologically, there is distortion of the intracellular neurofibrils (neurofibrillary tangles) and senile plaques composed of granular or filamentous argentophilic masses with an amyloid core; the most common degenerative brain disorder. Syn: primary senile dementia, presenile dementia


nail
1. one of the thin, horny, translucent plates covering the dorsal surface of the distal end of each terminal phalanx of fingers and toes. A nail consists of corpus or body, the visible part, and radix or root at the proximal end concealed under a fold of skin. The under part of the nail is formed from the stratum germinativum of the epidermis, the free surface from the stratum lucidum, the thin cuticular fold overlapping the lunula representing the stratum corneum.
2. a slender rod of metal, bone, or other solid substance, used in operations to fasten together the divided extremities of a broken bone.
 Syn: onyx, unguis [TA], nail plate.


patella - the large sesamoid bone that covers the anterior surface of the knee.  It is formed in the tendon of the quadriceps femoris muscle and is attached to the tibia by the patellar tendon.

treatment - medical or surgical management of a patient. See Also: therapeutics, therapy.