The Michigan Medical Marijuana Act is embodied in Proposal 1, an initiative which was approved by 63% of the voters on November 4, 2008, and was made effective on December 4, 2008. The law authorizes the possession and use of medical marijuana by qualifying patients who have been diagnosed with and/or are undergoing treatment of debilitating medical conditions as certified by a licensed physician.
The program prescribes the mandatory registration of qualifying patients and their designated caregivers. Registration is valid for two years and requires that applicants must submit proof of Michigan residency.
A primary caregiver is a person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marijuana and who has never been convicted of a felony involving illegal drugs. A primary caregiver who has been registered and provided a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege.
As a basic requirement of the application for registration of a qualifying patient, a designated caregiver must issue an attestation that he agrees to serve as the patient’s primary caregiver. The signed attestation must be dated within one year of the date that the patient’s application is received. The attestation shall authorize the department to use the information provided on the application to secure the primary caregiver’s criminal conviction history and determine if he has been convicted of any offenses related to regulated drugs and substances.
Operation of marijuana medical dispensaries have been declared illegal by the Michigan Supreme Court, and qualifying patients or their designated caregivers must grow and cultivate their own marijuana, not exceeding twelve plants in an enclosed, locked facility.
The law provides that qualifying patients or designated caregivers acting on behalf of the patients are allowed and authorized to grow and cultivate twelve marijuana plants, kept in an enclosed, locked facility.