Michigan Medical Marijuana

Timeline November 4, 2008: Michigan voters approved a ballot initiative that legalized medical marijuana. December 4, 2008: Michigan’s Medical Marijuana law takes effect. The law required the Michigan Department of Community Health (MDCH) to implement rules within 120 days. April 4, 2009: MDCH adopts rules to implement the Act. Facts As of 6/29/10, the state had issued 29,453 cards—20,548 patients cards and 8,905 caregiver cards. MDCH keeps a confidential list of the individuals to whom it has issued cards, which is exempt from disclosure under the Freedom of Information Act.

*****The Michigan Supreme Court has recently issued an opinion in a very important case, The State of Michigan v McQeen, regarding patient to patient transfers under the Michigan Medical Marihuana Act. This opinion is likely to alter the landscape of medical marihuana regulation; municipal attorneys are working to see how this case affects municipalities.*****

In November 2008, Michigan voters passed a referendum to enable certain specified persons to legally obtain, possess, cultivate/grow, use, and distribute marijuana. The "Medical Marihuana Act" went into effect on December 4, 2008, with a key element missing, however--how medical marijuana will be dispensed. As a result, municipalities are grappling with how to respond to the Act. The Michigan Department of Community Mental Health (MDCH) is charged with administering the "Michigan Medical Marihuana Act ."

“The "Michigan Medical Marihuana Act" does not specifically address marijuana dispensaries. Similar laws in other states, however, do address them and allow dispensaries. In states where the law addresses marijuana dispensaries, the law establishes a system to regulate those facilities. Since the law in Michigan does not address dispensaries or offer any regulating system for them, the Michigan Department of Community Health interprets the law as saying that it is illegal to operate a marijuana dispensary.”

James McCurtis, Jr.
Public Information Officer
Michigan Department of Community Health

Concerns about the "Medical Marihuana Act":

• It does not specify how patients and caregivers would acquire marijuana for medical purposes.

• It does not address how medical marijuana would be dispensed by caregivers.

• It conflicts with federal law.

Changes that have been proposed to the Act:

• Treat medical marijuana as any other Schedule II drug.

• Require a doctor's prescription, with the drug sold only through a pharmacist.

• License 10 growers statewide to provide medical marijuana to pharmacists.

How Michigan municipalities are responding to the "Medical Marihuana Act":

Columbiaville (GLV) pop. 815 (ordinance regulating the use and possession of medical marihuana and the operation of a medical marihuana dispensary)

Ferndale (HRC) pop. 22,105 ( zoning ordinance changes—adding medical marihuana facility and medical marihuana grow operation)

Fraser (HRC) pop. 15,297 (Resolution establishing moratorium regarding the establishment of businesses engaged in the dispensation or distribution of marihuana)

Garden City (HRC) Pop. 30,047 (zoning ordinance language regulating the location of dispensaries)

Grand Haven (HRC) pop. 11,168 (ordinance regulating medical marijuana care-giving as a "minor" home occupation)

Grand Rapids (HRC) Pop. 197,800 - (Q&A, zoning ordinance amendments, and Home Occupation ordinance)

Hartford (HRC) Pop. 2,476 (requires all establishments that sell medical marijuana to obtain a dispensing license from the city)

Huntington Woods (HRC) Pop. 6,151 (prohibits primary caregivers under the Michigan Medical Marihuana Act as a home occupation)

Lake Isabella (HRV) pop. 1,243 (classifies a medical marihuana caregiver as a home occupation)

Niles (HRC) Pop. 12,204 (ordinance requiring plants to be grown indoors and the location from which a primary caregiver provides services to a qualifying patient to not be within 1,000 feet of a drug-free school zone)

Roseville (HRC) 48,129 (zoning ordinance language regulating the location of dispensaries)

Saginaw (HRC) Pop. 61,799 - is in preliminary discussions on a zoning ordinance amendment to regulate dispensaries.

Sturgis (HRC) pop. 11,285 (ordinance amendment regulating certain acts by individuals who are qualified patients or primary caregivers)

Tawas City (HRC) pop. 2,005 (zoning medical marihuana dispensaries)

Traverse City (HRC) pop. 14,532 (ordinance establishing a moratorium on the issuance of permits or licenses for the sale or dispensation of medical marihuana)

The League is staying abreast of the issue and will make information available to our members as we receive it. In addition, we are in the process of planning a medical marijuana seminar, so please stay tuned.

Resources:

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

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

The "Medical Marihuana Act"

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

State of Michigan "Medical Marihuana Program" (MMMP)

State of Michigan "Medical Marihuana Q&A"

State of Michigan Prosecuting Attorneys Association PowerPoint (PDF)

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

Media Coverage:

Click here for recent news stories on medical marijuana in Michigan.