The MMMA was enacted in 2008 and allows for the possession, use and cultivation and sale of marihuana to individualized cardholders. There are two classes of cardholder: patients and caregivers. A patient can be a caregiver, yet is not required. Moreover, the caregiver is allowed to possess a certain amount of marihuana for the individual patient connected to them. They are also allowed to grow a certain amount of plants for the patient.
Patients can grow marihuana plants for themselves, but they are also free to have an individual caregiver. If they choose to have a caregiver then they will not be allowed to possess marihuana plants. They will also be limited to the amount of marihuana that they can possess. It is important to note that the MMMA supplements the Michigan Recreational Marihuana law. This will apply to both patients and caregivers.
It is important to understand that the MMMA DOES NOT allow an individual to:
- undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice;
- possess marihuana, or otherwise engage in the medical use of marihuana in a school bus, on the ground of any preschool [primary or secondary school], in any correctional facility;
- smoke marihuana on any form of public transportation or in any public place; operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana; or
- use marihuana if that person does not have a serious or debilitating medical condition.
Michigan Marihuana Facilities Act (MMFA)
In 2016, Michigan enacted the Michigan Marihuana Facilities Act (MMFA), which became effective in December 2017. The MMFA establishes a access to safe sources of marijuana for medical use and regulated licensed growers, processors, secure transporters, provisioning centers, and safety compliance facilities, operating under clear requirements to promulgate the public health, safety, or welfare. See MCL 333.27201. The MMFA does not legalize marijuana here in Michigan but instead is designed to allow registered patients and caregivers the ability to purchase medical marihuana at a licensed operator or business.
In order for these licensed businesses to dispense medical marihuana, they will need to cooperate and do business with other licensed facilities outlined in the Marihuana Facilities Act. There are five different licenses (1) grower, (2) processor, (3) secure transporter, (4) provisioning (dispensing) center, (5) testing or compliance facility. Each of these individual facilities will require an application along with local and state approval in order to begin operation. The application process can be done online or by paper; however, it is important to contact and advise legal counsel prior to engaging in the submission of an application under the Marihuana Facilities Act. The reasoning for this is due to the required disclosures and assets needed in support of the application, along with ensuring general legal compliance within the marihuana business. Moreover, there are specific technological requirements for each individual license in order to track the distribution, creation, and transportation of the various products created under the Marihuana Facilities Act.
These facilities will be continuing to run as the Michigan Recreational Marihuana law matures. The difference in law will see medical marihuana patients and caregivers able to maintain access under the MMMA since it is supplemental. However, if and when Recreational shops open and begin to operate, patients and caregivers will be provided more avenues of obtaining their medical marihuana. Know the law, maintain your rights, and lawyer-up with Josh Jones. He always has your back and is here for you 7-days a week.