Michigan Medical Marihuana Program
Michigan Department of Community HealthBureau of Health Professions
April 14, 2009
Initiated Law 1 of 2008
• Referred to as the Medical Marihuana Act (MMA)
• Primary purpose of the act is to create a registry of authorized “users”
• Act was effective December 4, 2008• Program must be implemented by April 4, 2009• Responsibility assigned to MDCH Bureau of
Health Professions
Purpose of Registry
• To create a list of individuals who meet the definition of a qualified patient that can use marihuana for medical purposes
• To identify individual who is designated as the primary caregiver for a qualified patient
Registration Process
• Submits DCH approved application, fee, and physician certification to MDCH
• DCH reviews and approves/denies application with 15 days of receipt
• DCH issues registration card with 5 days of approval
• Registration is good for only one year
• Must reapply each year by submitting a completed application form, fee and physician certification form
Physician’s role
• Voluntary participation
• Completion of the Physician’s Certification– Patient was evaluated– Patient has 1 or more qualifying medical
conditions– Potential for therapeutic or palliative benefit
• Physician is not prescribing marihuana
Qualifying conditions
• Cancer • Glaucoma• HIV• AIDS• Hepatitis C• Amyotrophic lateral
sclerosis• Crohn’s disease• Agitation of Alzheimer’s
disease• Nail patella• Or the treatment of these
conditions
Treatment of 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 such as epilepsy• Severe or persistent muscle
spasms such as multiple sclerosis
How does someone become a caregiver?
• Patient identifies individual as the primary caregiver on the registration application form
• The primary caregiver must:– be 21 years old– have no felony convictions involving illegal
drugs– agree to assist patient with medical use of
marihuana
How much marihuana can qualifying patient possess?
• 2.5 ounces of usable marihuana (excludes seeds, stalks and roots)
• 12 marihuana plants kept in an enclosed, locked facility
How much marihuana can primary caregiver possess per patient?
• Caregiver can only possess marihuana if designated to do so by qualifying patient
• Limits per patient are: – 2.5 ounces of usable marihuana (excludes seeds,
stalks and roots)– 12 marihuana plants kept in an enclosed, locked
facility
• No more than 5 patients per caregiver
How does the qualified patient get the marihuana?
• Act is silent on this issue
• State is not authorized to regulate growing sites or quality of product under this Act
Qualifying Medical Condition Review Panel
• Review petitions for additional medical conditions or treatments to be added to the list of conditions or treatments for which the use of medical marihuana is approved
• Provide recommendations to DCH regarding whether petitions should be approved or denied
Employer Concerns
• Employees holding an approved registration card
• Patients holding an approved registration card
Relevant Provisions
• Sec. 7.(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
– (3)(B) Smoke marihuana in any public place
• Sec.7.(c) Nothing in this act shall be construed to require:
– (2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana
Patient Obligation• Question:
– If a patient holds a registration card, does the facility have to allow the patient to smoke in the facility?
• Response: – If the facility is a non-smoking facility, the
facility is under no obligation to allow the patient to smoke.
– The law prohibits smoking in public places.– Remember marihuana can be ingested in
other ways
• Question:– Is the patient or their caregiver obligated to
inform the facility that they hold a registration card?
• Response:– No. Participation in the program is
confidential and the patient is under no obligation to inform the facility.
– Patients should be encouraged to share the information with health care providers.
Additional Information
• www.michigan.gov/mmp– Updates on program– Act and Administrative Rules– Applications– Forms for record updates such as address
changes and designated caregiver changes– Frequently Asked Questions
Contact MMP
• Mailing Address: – P.O. Box 30670
Lansing, Michigan 48909
• Street Address: – 611 W. Ottawa Street
Lansing, Michigan 48933
• Telephone Number: – 517-373-0395
• Email Address: [email protected]
Contact Information
• Rae Ramsdell
Bureau of Health Professions
Licensing Director
(517)-373-6873