The Laws

Things you CAN DO:

  • Smoke marijuana at home
  • Hold up to 2.5 ounces
  • Grow for 5 patients (maximum)
  • Grow no more than 12 plants for yourself or each patient.
    If you caregive for 5 people, you can grow a max. of 60 plants!
  • Assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.

Things you CANNOT DO:

  • Smoke marijuana in public
  • Sell any medical marijuana
  • Transport over 2.5 ounces of marijuana

Frequently Asked Questions

(Source: Michigan.gov/mmp)


Patients must suffer from a debilitating medical condition, defined as:
(a) cancer, glaucoma, or positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, or nail patella.
(b) a chronic or debilitating disease or medical condition or its treatment that produces one of more of the following:
(i) cachexia or wasting syndrome;
(ii) severe and chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to those caused by epilepsy; or
(v) severe or persistent muscle spasms, including but not limited to, those which are characteristic of multiple sclerosis; or
(c) any other medical condition or treatment for a medical condition adopted by the department by rule. (NOTE: To date, the department has not added to the list by administrative rule.)


Registered caregivers must be 21 or older. Patients under age 18 must have the consent of their parent or guardian responsible for medical decisions. The parent or guardian must be the registered caregiver of the minor patient.


The federal government classifies marihuana as a Schedule 1 drug, which means that licensed medical practitioners cannot prescribe it. Your physician must provide written certification of a “debilitating medical condition” and can only recommend the use of medical marihuana.


The MMMA defines a “Primary Caregiver” as 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. Therefore, the qualifying patient (applicant or registrant) and you must complete a “Caregiver Attestation” to be submitted by the qualifying patient.


Yes. The MMMP does not give out lists of patients or caregivers. Law enforcement personnel may contact the MMMP only to verify if a patient or caregiver registration card is valid. The MMMP will tell law enforcement staff if the patient or caregiver is registered. The MMMP will disclose patient information to others only at the specific written request of the patient. MMMP computer files are secure and paper files are kept locked when not in use.


Presuming you are registered with the state patient registry and carrying your registry identification card, you may consume medical marihuana on your property or elsewhere. However, the law does not permit any person to do any of the following:
(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.
(2) Possess marihuana, or otherwise engage in the medical use of marihuana:
(a) in a school bus;
(b) on the grounds of any preschool or primary or secondary school; or
(c) in any correctional facility.
(3) Smoke marihuana:
(a) on any form of public transportation; or
(b) in any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.


This is up to the employer. Even if you are a registered patient, your employer may still prohibit medical marihuana use in the workplace.


Yes, in Section 4 of the MMMA, asserting medical use of your “paraphernalia relating to the consumption of marihuana” is an affirmative defense.


“Qualifying patients” must register with the Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Professions, P.O. Box 30083, Lansing, Michigan 48909.

To register, the patient must submit (on forms provided by the department) the following information:
(a) an application or renewal fee;
(b) the name, address, and birth date of the qualifying patient;
(c) the name, address, and telephone number of the qualifying patient’s physician;
(d) the name, address, and birth date of the qualifying patient’s caregiver, if any.
(e) written certification that the person is a qualifying patient.


The MMMA states that employers are not required to accommodate employees who use medical marihuana. You may wish to consult an attorney about whether or not to tell your employer that you are a patient in the MMMP. A patient may contact the MMMP in writing to ask the program to release information about the patient’s registration to an employer.


The state will maintain a confidential list of “qualified patients” and “approved caregivers” to whom the department has issued registry identification cards.  Individual names and other identifying information on the list must be confidential and is not subject to disclosure, except to:
(a)  authorized employees of the department as necessary to perform official duties of the department; or
(b)  authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry identification card.


The MMMP is not a resource for the growing process and does not have information to give to patients.


No, not under Michigan law. Possession of, or application for, a registry identification card does not alone constitute probable cause to search the person or property of the person possessing or applying for the registry identification card or otherwise subject the person or property to inspection by any governmental agency, including a law enforcement agency.


The MMMP enforces the registration process making sure applications are complete before issuing a registry identification card, terminating incomplete or fraudulent applications, and revoking cards if individuals commit violations of the MMMA. The MMMP verifies the validity of a registration card of patients and caregivers with local and state law enforcement personnel if they call the MMMP requesting such information. Local and state law enforcement personnel may take any action they believe is necessary to enforce the criminal laws of the state, including violations of the MMMA. Local and state law enforcement actions may vary.  The MMMP has no authority to direct the activities of local and state law enforcement agencies.


Probably not. The MMMA does not 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.


Not under Michigan state law. A physician may not be arrested, prosecuted or penalized in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by the Board of Medicine or Board of Osteopathic Medicine.


You would submit a signed statement attesting to the fact that your registry ID card has been lost or stolen (whichever applies) requesting a replacement card. Include your full name clearly written, copy of your identification, and $10.00 check or money order made payable to “State of Michigan-MMMP.” Mail the statement and fee to:

Michigan Department of Licensing and Regulatory Affairs
Medical Marihuana Registry
PO Box 30083
Lansing, MI 48909


The fee for a new or renewal application is $100.00, unless a qualifying patient can demonstrate his or her current eligibility in the Medicaid Health Plan or receipt of current SSD or SSI benefits, in which case the application fee is $25.00.


Full payment, by check or money order, must be made at the time of the initial application and at renewal each year. The fee cannot be waived, and the department cannot accept installment payments.


Under the MMMA, only a person with a qualifying debilitating medical condition who has obtained a valid MMMP card is exempt from criminal laws of the state for engaging in the medical use of marihuana as justified to mitigate the symptoms or effects of the person’s debilitating medical condition.


No. The MMMP does not serve as a referral source. Any Doctor of Medicine (MD) or Doctor of Osteopathic Medicine (DO) licensed in Michigan can recommend a patient for the program.


Yes and no. No refund will be given for patients who withdraw once their cards have been issued. A refund may be given to a patient who withdraws before cards are issued.


Yes, under Section 4(j) of the MMMA, a registry identification card or its equivalent issued by another state government to permit the medical use of marihuana by a qualifying patient or to permit a person to assist with a qualify patient’s medical use of marihuana has the same force and effect as a registry identification card issued by the Department.


The law does not address this. Consult with your local law enforcement officer or personal attorney.


It is up to you to decide whether or not to tell your landlord that you are a patient in the MMMP. Nothing in the MMMA specifically addresses whether or not you can be evicted because you are a patient in the MMMP, even if you have only the amount of medical marihuana allowed by law. Nothing in the MMMA specifically addresses whether or not a person can be an MMMP patient and live in subsidized housing. If you have questions about these important issues, you may wish to talk to an attorney to learn about your rights and protections.


The authorities that are responsible for your probation/parole/post-prison supervision can impose restrictions on your possession and use of medical marihuana as a condition of your supervision, even if you have a valid MMMP card. Most offenders’ supervision is subject to an “obey all laws” condition. Since marihuana possession and use is illegal under federal law, supervisory authorities can sanction an offender for possessing marihuana, even if he or she has an MMMP card. Sanctions could result in your arrest and return to jail. If you are on probation, parole, post-prison supervision, or other form of conditional supervision for conviction of a crime, you should consult with your parole and probation officer regarding whether your possession or use of marihuana may subject you to sanction for violation of the conditions of your supervision.” The MMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marihuana or otherwise participating in the MMMP.


Pharmacies can only dispense medications “prescribed” by licensed physicians. The federal government classifies marihuana as a Schedule I drug, which means licensed physicians cannot prescribe it.


At this time, the MMMP is not aware of any “reciprocity” agreements with any other states to honor the Michigan law. This includes even those states that have medical marihuana laws of their own, such asWashington and California. Because medical marihuana programs vary by state, you may want to contact the state you are traveling to for information on their laws.


Yes, as long as the individual signing your application identifies him or herself as your proxy next to his or her signature on your application or has provided documentation showing guardianship or power of attorney.


Marihuana is one of two acceptable spellings in the dictionary and is consistent with the spelling in the Michigan Public Health Code, Act 368 of 1978, and Initiated Law 1 of 2008.


According to the Michigan Medical Marihuana Act (MMMA), a physician must state in writing that the patient has a qualifying debilitating medical condition and that medical marihuana may mitigate the symptoms or effects of that condition. The MMMP contacts each physician during the application process to verify the patient is under the physician’s care. A signed and dated “Physician Certification” must be current within 3 months of the date of a person’s new or renewal application.


The MMMA states that a “physician” means a Doctor of Medicine (MD) or Doctor of Osteopathic Medicine (DO) licensed under Article 15, Parts 170 and 175 of the Michigan Public Health Code. MDs and DOs are the physicians licensed under these parts. The law also specifies that a physician must be licensed in Michigan. The MMMP verifies with the Board of Medicine or Board of Osteopathic Medicine that each patient’s attending physician has a valid license to practice medicine in Michigan and has no disqualifying restrictions.


The MMMP has 15 days to review your application to make sure it is complete and all parts are current. If your application is complete, your registry identification card will be issued within 5 days after the MMMP verifies the information on your application. If you don’t send in all the required parts of your application, the application will be denied.


Yes. If your application has not yet been approved, denied or terminated you may provide law enforcement with a copy of your written documentation submitted to the department; you must also submit proof of the date of mailing or other transmission of the documentation. This documentation shall have the same legal effect as a registry identification card, until such time as you receive your card or you have received notification that your application has been approved, denied or terminated.


Yes. A patient must submit a written statement that he or she wishes to withdraw from the MMMP. The MMMP will request that all cards be returned and the file will be closed. The patient’s card and all cards associated will be voided. It is the responsibility of the patient to notify his or her caregiver, if applicable, that his or her card is no longer valid. It is the patient’s responsibility to collect all cards associated with his or her patient card and return them to the Department. If the Department is notified by the patient that he or she would like to withdraw from the program, the Department shall notify the primary caregiver by mail at the address of record informing the caregiver that his or her card is no longer valid and must be returned to the Department within fourteen (14) calendar days. All cards must be returned to the Department within fourteen (14) calendar days of the date that the Department was notified of withdrawal. If the patient so chooses he or she may reapply as a new patient at any time. In order to reapply a patient must submit the required documentation and application fee.


The answer to these questions is “yes”. You are required to tell the MMMP in writing of any such changes within 14 days of the change. The MMMP does not accept changes of information over the telephone. The MMMP only accepts written changes about the patient’s name, the patient’s address, the patient’s telephone number, the patient’s physician, or the patient’s primary caregiver. There is a $10.00 fee for issuance of a new registry card. Your new card reflects the changes you have requested. Your changes will be made in our computer database and will be put in your file. You will be protected from civil and criminal penalties for these changes. If you change your caregiver, you will be asked to return your old caregiver card within 14 days.


The MMMA provides for a system of designated caregivers.  The caregiver can acquire 2.5 ounces of usable marihuana and grow up to 12 marihuana plants for a qualifying patient.  The caregiver may assist up to 5 patients. The caregiver must sign a statement agreeing to provide marihuana only to the qualifying patients who have named the individual as their caregiver. The caregiver’s name, address, birth date and social security number must be provided to the state at the time of a patient’s registration.  The Department will issue a registry identification card to the caregiver who is named by a qualifying patient on his/her application. The Department may not issue a registry identification card to a proposed caregiver who has previously been convicted of a felony drug offense. The Department will verify through a background check with the Michigan State Police that the designated caregiver has no disqualifying felony drug conviction.  A caregiver may receive reasonable compensation for services provided to assist with a qualifying patient’s medical use of marihuana.


No. If you have questions concerning compliance with the Michigan Medical Marihuana Act, you may wish to consult with an attorney.


Presuming you are registered with the state patient registry and carrying your registry identification card, the law does not specifically prohibit the use of medical marihuana in those settings. However, the facility or home may have prohibitions. Therefore, you must verify with the facility if using medical marihuana is permitted and under what circumstances or conditions.


The MMMA does not address this issue. You may wish to contact an attorney about this issue.



 


INITIATIVE PETITION AMENDMENT TO THE CONSTITUTION


 
A Proposal to Amend the Constitution of the State of Michigan by adding a new Article I, Section 27 as follows:

An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.

The People of the State of Michigan enact:
1. Short Title.

This act shall be known and may be cited as the Michigan Medical Marihuana Act.

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 associated with a variety of debilitating medical conditions.

(b) Data from the Federal Bureau of Investigation Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marihuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marihuana.

(c) Although federal law currently prohibits any use of marihuana except under very limited circumstances, states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use and cultivation of marihuana. Michigan joins in this effort for the health and welfare of its citizens.

3. Definitions.

(a) “Debilitating medical condition” means 1 or more of the following:

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, or the treatment of these conditions.
(2) 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.
(3) Any other medical condition or its treatment approved by the department, as provided for in section 5(a).

(b) “Department” means the state department of community health.

(c) “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.

(d) “Marihuana” means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.

(e) “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.

(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.

(g) “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.

(h) “Qualifying patient” means a person who has been diagnosed by a physician as having a debilitating medical condition.

(i) “Registry identification card” means a document issued by the department that identifies a person as a registered qualifying patient or registered primary caregiver.

(j) “Usable marihuana” means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

(k) “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.

(l) “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.

4. Protections for the Medical Use of Marihuana.

(a) “Debilitating medical condition” means 1 or more of the following:

5. Department to Promulgate Rules.

(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 medical conditions or treatments to the list of debilitating medical conditions set forth in section 3(a) of this act. In promulgating rules, the department shall allow for petition by the public to include additional medical conditions and treatments. In considering such petitions, the department shall include public notice of, and an opportunity to comment in a public hearing upon, such petitions. The department shall, after hearing, approve or deny such petitions within 180 days of the submission of the petition. The approval or denial of such a petition shall be considered a final department action, subject to judicial review pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Jurisdiction and venue for judicial review are vested in the circuit court for the county of Ingham.

(b) 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 it shall consider applications for and renewals of registry identification cards for qualifying patients and primary caregivers. The department’s rules shall establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this act. The department may establish a sliding scale of application and renewal fees based upon a qualifying patient’s family income. The department may accept gifts, grants, and other donations from private sources in order to reduce the application and renewal fees.

6. Administering the Department’s Rules.

(a) The department shall issue registry identification cards to qualifying patients who submit the following, in accordance with the department’s rules:

(1) A written certification
(2) Application or renewal fee;
(3) Name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;
(4) Name, address, and telephone number of the qualifying patient’s physician;
(5) Name, address, and date of birth of the qualifying patient’s primary caregiver, if any; and
(6) 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.

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

(1) 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;
(2) The qualifying patient’s parent or legal guardian submits a written certification from 2 physicians; and
(3) 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.

(c) The department shall verify the information contained in an application or renewal submitted pursuant to this section, and shall approve or deny an application or renewal within 15 days of receiving it. The department may 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. Rejection of an application or renewal is considered a final department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the circuit court for the county of Ingham.

(d) The department shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patient’s approved application; provided that 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.

(e) The department shall issue registry identification cards within 5 days of approving an application or renewal, which shall expire 1 year after the date of issuance. Registry identification cards shall contain all of the following:

(1) Name, address, and date of birth of the qualifying patient.
(2) Name, address, and date of birth of the primary caregiver, if any, of the qualifying patient.
(3) The date of issuance and expiration date of the registry identification card.
(4) A random identification number.
(5) A photograph, if the department requires 1 by rule.
(6) A clear designation showing whether the primary caregiver or the qualifying patient will be allowed under state law to possess the marihuana plants for the qualifying patient’s medical use, which shall be determined based solely on the qualifying patient’s preference.

(f) 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.

(g) Possession of, or application for, a 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 person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any local, county or state governmental agency.

(h) The following confidentiality rules shall apply:

(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.
(2) The department shall 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.
(3) The 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.
(4) 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, punishable by imprisonment for not more than 6 months, or a fine of not more than $1,000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

(i) The department shall 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:

(1) The number of applications filed for registry identification cards.
(2) The number of qualifying patients and primary caregivers approved in each county.
(3) The nature of the debilitating medical conditions of the qualifying patients.
(4) The number of registry identification cards revoked.
(5) The number of physicians providing written certifications for qualifying patients.

7. Scope of Act.

(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.

(b) This act shall not permit any person to do any of the following:

(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.
(2) Possess marihuana, or otherwise engage in the medical use of marihuana:

(A) in a school bus;
(B) on the grounds of any preschool or primary or secondary school; or
(C) in any correctional facility.

(3) Smoke marihuana:
(A) on any form of public transportation; or
(B) in any public place.

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.
(5) Use marihuana if that person does not have a serious or debilitating medical condition.

(c) Nothing in this act shall be construed to require:

(1) 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.
(2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.

(d) Fraudulent representation 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.

(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.

8. Affirmative Defense and Dismissal for Medical Marihuana.

(a) Except as provided in section 7, 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 that:

(1) A physician has stated that, in the physician’s 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, 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;
(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; and
(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.

(b) 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 elements listed in subsection (a).

(c) If a patient or a patient’s primary caregiver demonstrates the patient’s medical purpose for using marihuana pursuant to this section, the patient and the patient’s primary caregiver shall not be subject to the following for the patient’s medical use of marihuana:

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or
(2) forfeiture of any interest in or right to property.

9. Enforcement of this Act.

(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 county of Ingham to compel the department to perform the actions mandated pursuant to the provisions of this act.

(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.

(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.

10. Severability.

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.