333.26421 Short title. 1. Short Title. Sec. 1. This act shall be known and may be cited as the Michigan Medical Marihuana Act. History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 Compiler’s Notes: MCL 333.26430 of Initiated Law 1 of 2008 provides:10. Severability.Sec. 10. Any section of this act being held invalid as to […]
333.26422 Findings, declaration. 2. Findings. Sec. 2. The people of the State of Michigan find and declare that: (a) Modern medical research, including as found by the National Academy of Sciences’ Institute of Medicine in a March 1999 report, has discovered beneficial uses for marihuana in treating or alleviating the pain, nausea, and other symptoms […]
333.26423 Definitions. Sec. 3. 3. Definitions. As used in this act: (a) “Bona fide physician-patient relationship” means a treatment or counseling relationship between a physician and patient in which all of the following are present: (1) The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history […]
333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; privilege from arrests; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity of medical use of marihuana; registry identification card issued outside of department; sale of marihuana as felony; penalty; marihuana-infused product. 4. Protections for […]
333.26424a Registered qualifying patient or registered primary caregiver; arrest, prosecution, or penalty, or denial of right or privilege prohibited; conditions. Sec. 4a. (1) This section does not apply unless the medical marihuana facilities licensing act is enacted. (2) A registered qualifying patient or registered primary caregiver shall not be subject to arrest, prosecution, or penalty […]
333.26424b Transporting or possessing marihuana-infused product; violation; fine. Sec. 4b. (1) Except as provided in subsections (2) to (4), a qualifying patient or primary caregiver shall not transport or possess a marihuana-infused product in or upon a motor vehicle. (2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product […]
333.26425 Rules. 5. Department to Promulgate Rules. Sec. 5. (a) Not later than 120 days after the effective date of this act, the department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in which the department shall consider the addition of […]
333.26426 Administration and enforcement of rules by marijuana regulatory agency; transfer of funds. 6. Administering the Marijuana Regulatory Agency’s Rules. Sec. 6. (a) The marijuana regulatory agency shall issue registry identification cards to qualifying patients who submit all of the following, in accordance with the marijuana regulatory agency’s rules: (1) A written certification. (2) Application […]
333.26427 Scope of act; limitations; application of certain provisions of the revised judicature act of 1961. 7. Scope of Act. Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it complies with this act. (b) This act does not authorize a person to do any of the […]
333.26428 Defenses. 8. Affirmative Defense and Dismissal for Medical Marihuana. Sec. 8. (a) Except as provided in section 7(b), a 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 […]
333.26429 Failure of department to adopt rules or issue valid registry identification card. 9. Enforcement of this Act. Sec. 9. (a) If the department fails to adopt rules to implement this act within 120 days of the effective date of this act, a qualifying patient may commence an action in the circuit court for the […]
333.26430 Severabilty. 10. Severability. Sec. 10. 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. History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 Compiler’s Notes: […]
