Michigan Legislature passes host of restrictions on medical marijuana
Just as the 2011-12 legislative session was coming to a close, the Michigan Legislature approved a package of bills adding restrictions to the state’s voter-approved medical marijuana law, though not without removing some of the most dangerous language, thanks to input from MPP and advocates throughout Michigan. In all, six bills were passed, though two initially failed to receive the constitutionally required 3/4 majority needed to amend initiatives. It was only after a motion to reconsider was filed and two Democrats joined with Republicans that the entire package, which takes effect April 1, was finally approved.
We’ve posted a full summary of the bills, which will be come law unless vetoed by Gov. Snyder. Here are some of the key changes:
HB 4834 – Makes registry cards valid for two years and establishes a panel to review petitions to add to the list of debilitating medical conditions.
HB 4851 – Requires a “bona fide physician-patient relationship” before a doctor can recommend marijuana to a patient.
HB 4853 – Sets sentencing guidelines for patients/caregivers who sell marijuana illegally.
HB 4856 – Requires patients to carry marijuana in the trunk of their vehicle.
SB 321 – Makes insurance reimbursement for medical marijuana optional for insurers.
SB 933 – Makes it explicit that employers are not required to reimburse employees for medical marijuana treatment as part of workers’ compensation benefits.
We’ve linked the full summary on the right panel of this page. You should also subscribe to our email alerts to be the first to know about future legislation affecting Michigan’s medical marijuana program.
Marijuana laws in Michigan (non-medical)
Michigan law is unusual in that it includes separate penalties for the possession and use of marijuana. Possession of any amount of marijuana – whether several ounces or a single gram – is a misdemeanor punishable by up to a year in jail and a fine of up to $2,000. Separately, use of marijuana is also a misdemeanor, but punishable by 90 days in jail and a fine of not more than $100. Lastly, possession in or within 1,000 feet of a public or private park can land the offender in jail for up to two years. For statistics and information on Michigan’s marijuana laws, check out this excellent summary by Jon Gettman, Ph.D.
If you’ve been arrested or need legal assistance, there are many options in the state, but MPP recommends Neil Rockind, PC, who generously provided MPP with pro bono legal assistance. Neil is a zealous and effective advocate.
The Michigan Medical Marihuana Program
Application forms, which include written certification forms for physicians, can be found here.
Under the MMMA, patients can choose to either cultivate their own medical marijuana in an enclosed, locked facility or to designate a caregiver to do so for them. Caregivers can assist no more than five patients. Michigan's law is also one of the few that also extends its protections to visiting seriously ill patients who are allowed to use medical marijuana in their home states. For more details, you can read the full text of both the law and accompanying regulations here.
