Michigan Medical Marijuana/Marihuana Act Rules and Regulations : Michigan Defense Attorney Charged For Possession Marijuana and Have Medical Marijuana Card

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I have my Michigan medical marijuana card and was charged with Possession of Marijuana in Troy Michigan by Troy cops who obviously don’t know the law or dont care.  I am a legal marijuana user for legitimate medical reasons and these narrow minded morons think I am some sort of criminal, and apparently dont care that Michigan voters gave me a legal right to use and possess marijuana.  I want to know how they can even charge me with possession of marijuana in Michigan when I have my medical maijuana card and am legally allowed to possess and use marijuana.  Have your Michigan defense attorneys encountered this problem frequently and can you help get these so-called ”drug” charged dumped?

I am not poor and will gladly pay for quality representation to embarass these conservative extremeists in court!!!!

Comments

  1. Peter A. Torrice on March 11, 2010 at 11:45 am said:

    Great question. Canu Torrice Law leads Michigan in their knowledge and understanding of Michigan’s medical marijuana laws and all drug crimes because we are primarily a criminal defense law firm with many specialty areas of practice.

    Legal medical marijuana use is licensed by the State of Michigan. The Michigan Medical Marihuana (or Marihuana) Act provides certain protections and “Affirmative Defenses” for marijuana users that insulates them from criminal prosecution for alleged illegal possession or use of marijuana.

    Go to the following http://www.AllLegalMatters.com Michigan complied laws link and type in “333.26427″ in the “MCL Section Number” box to read Michigan’s Medical Marijuana Act in its entirety. Sections 4 and 8 are the relevant sections dealing with the defenses available to legal medical marijuana users in Michigan.

    http://www.alllegalmatters.com/michigan-compiled-laws.html

    Unfortunately, as is common with any new laws, the language of the statute itself is poorly written, and therefore subject to some interpretation (and largely misinterpretation) by Court, Judges, Prosecutors, and Law Enforcement in Michigan.

    Many conservative law enforcement officials simply do not care (or are intelligent enough) to learn about or understand the protections that the Michigan Medical Marijuana Act affords to legal users of Marijuana in Michigan, and tehrefore they charge people (like you)with illegal possession of marijuana when in fact there is nothing illegal whatsoever about their possession or use of this natural and medically benefical plant under current Michigan law.

    Michigan’s Medical Marijuana laws do have certain restrictions and limitations on the possession and use of marijuana however, which could still expose you to criminal possession or use of marijuana charges (or even felony deliver / manufacture of marijuana charges). Some of the legal prohibitions for medical marijuana use or possession by someone with a Medical Marijuana Card include possession or use of marihuana:

    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.

    The Michigan Medical Marihuana Act also prohibits Medical Marijuana users in Michigan from smoking marihuana:

    (A) on any form of public transportation; or

    (B) in any public place.

    And, of course (and this may be the most important to know if you plan on driving while or after smoking marijuana), a user of Medical marihuana in Michigan cannot:

    (4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

    Some more ambiguous prohibitions include the limitation that a person cannot:

    (5) Use marihuana if that person does not have a serious or debilitating medical condition.

    It is also important to know that just because you may be eligible to use medical marijuana, or intend on applying for a Michigan Medical Marihuana Card, does not mean you can use or possess marihuan, which is still a crime without the protections of the Medical Marihuana Act. In fact, the Michigan Legislature has included a provision in the act that any “[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.”

    As you can see from the very small excerpts from the Michigan Medical Marihuana Act cited above, interpretation of the law can be confusing.

    At Canu Torrice Law our Michigan drug defense attorneys are experts in all areas of drug crime laws, and our intimately familiar with the provisions of the Michigan Medical Marijuana Act. We have successfully defended countless misdemeanor drug possession and felony drug delivery charges throught the State of Michigan, especially in Macomb County, Oakland County and Wayne County. Our Michigan Medical Marijuana lawyers have not only had possession of marijuana cases dismissed, but we have successfully convinced courts to allow our clients to use marijuana while on probation, when those defendants were subject to drug testing for a prior criminal charge but obtained their Michigan Medical Marijuana Card after the fact. Our familiarity with Michigan drug laws and the Michigan Medical Marijuana Act qualifies Canu Torrice Law as an elite criminal defense law firm for charges exactly like yours.

    Following the Grateful Dead for years and attending 134 Dead shows doesn’t hurt my knowledge of marijuana laws either.

    Contact Canu Torrice Law today for your free consultation at (586) 285-1700. We have legal staff answering our phones 24 hours a day/ 7 days a week / 365 days a year. The police never stop arresting, so we never stop defending our clients.

    PETER A. TORRICE
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

    If you want more information on how to apply for a Medical Marijuana Card in Michigan you may click on the link below:

    http://www.michigan.gov/documents/mdch/Medical_Marihuana_Packet_3-27-09_272862_7.pdf

    The Michigan Department of Health also has a homepage for the Medical Marijuana Program with more information at the link below:

    http://www.mi.gov/mdch/0,1607,7-132-27417_51869—,00.html

    Know your rights, and if you have any questions, remember that Canu Torrice Law is Michigan’s best drug / marijuana defense law firm!

    http://www.AllLegalMatters.com

  2. GDTRFB on March 11, 2010 at 1:31 pm said:

    PETER A. TORRICE :

    Great question. Canu Torrice Law leads Michigan in their knowledge and understanding of Michigan’s medical marijuana laws and all drug crimes because we are primarily a criminal defense law firm with many specialty areas of practice.

    Legal medical marijuana use is licensed by the State of Michigan. The Michigan Medical Marihuana (or Marihuana) Act provides certain protections and “Affirmative Defenses” for marijuana users that insulates them from criminal prosecution for alleged illegal possession or use of marijuana.

    Go to the following http://www.AllLegalMatters.com Michigan complied laws link and type in “333.26427? in the “MCL Section Number” box to read Michigan’s Medical Marijuana Act in its entirety. Sections 4 and 8 are the relevant sections dealing with the defenses available to legal medical marijuana users in Michigan.

    http://www.alllegalmatters.com/michigan-compiled-laws.html

    Unfortunately, as is common with any new laws, the language of the statute itself is poorly written, and therefore subject to some interpretation (and largely misinterpretation) by Court, Judges, Prosecutors, and Law Enforcement in Michigan.

    Many conservative law enforcement officials simply do not care (or are intelligent enough) to learn about or understand the protections that the Michigan Medical Marijuana Act affords to legal users of Marijuana in Michigan, and tehrefore they charge people (like you)with illegal possession of marijuana when in fact there is nothing illegal whatsoever about their possession or use of this natural and medically benefical plant under current Michigan law.

    Michigan’s Medical Marijuana laws do have certain restrictions and limitations on the possession and use of marijuana however, which could still expose you to criminal possession or use of marijuana charges (or even felony deliver / manufacture of marijuana charges). Some of the legal prohibitions for medical marijuana use or possession by someone with a Medical Marijuana Card include possession or use of marihuana:

    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.

    The Michigan Medical Marihuana Act also prohibits Medical Marijuana users in Michigan from smoking marihuana:

    (A) on any form of public transportation; or

    (B) in any public place.

    And, of course (and this may be the most important to know if you plan on driving while or after smoking marijuana), a user of Medical marihuana in Michigan cannot:

    (4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

    Some more ambiguous prohibitions include the limitation that a person cannot:

    (5) Use marihuana if that person does not have a serious or debilitating medical condition.

    It is also important to know that just because you may be eligible to use medical marijuana, or intend on applying for a Michigan Medical Marihuana Card, does not mean you can use or possess marihuan, which is still a crime without the protections of the Medical Marihuana Act. In fact, the Michigan Legislature has included a provision in the act that any “[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.”

    As you can see from the very small excerpts from the Michigan Medical Marihuana Act cited above, interpretation of the law can be confusing.

    At Canu Torrice Law our Michigan drug defense attorneys are experts in all areas of drug crime laws, and our intimately familiar with the provisions of the Michigan Medical Marijuana Act. We have successfully defended countless misdemeanor drug possession and felony drug delivery charges throught the State of Michigan, especially in Macomb County, Oakland County and Wayne County. Our Michigan Medical Marijuana lawyers have not only had possession of marijuana cases dismissed, but we have successfully convinced courts to allow our clients to use marijuana while on probation, when those defendants were subject to drug testing for a prior criminal charge but obtained their Michigan Medical Marijuana Card after the fact. Our familiarity with Michigan drug laws and the Michigan Medical Marijuana Act qualifies Canu Torrice Law as an elite criminal defense law firm for charges exactly like yours.

    Following the Grateful Dead for years and attending 134 Dead shows doesn’t hurt my knowledge of marijuana laws either.

    Contact Canu Torrice Law today for your free consultation at (586) 285-1700. We have legal staff answering our phones 24 hours a day/ 7 days a week / 365 days a year. The police never stop arresting, so we never stop defending our clients.

    PETER A. TORRICE
    & Torrice, PLLC / Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

    If you want more information on how to apply for a Medical Marijuana Card in Michigan you may click on the link below:

    http://www.michigan.gov/documents/mdch/Medical_Marihuana_Packet_3-27-09_272862_7.pdf

    The Michigan Department of Health also has a homepage for the Medical Marijuana Program with more information at the link below:

    http://www.mi.gov/mdch/0,1607,7-132-27417_51869—,00.html

    Know your rights, and if you have any questions, remember that Canu Torrice Law is Michigan’s best drug / marijuana defense law firm!

    http://www.AllLegalMatters.com

    Awesome info! Nothing like a Dead Head Michigan drug defense lawyer to fight for brothers wringfully prosecuted under Michigan Medical Marijuana law! Right on bro, right on!

  3. Peter A. Torrice on May 12, 2010 at 10:00 am said:

    Due to the volume of calls we receive requesting more information on the Michigan Medical Marijuana Act, rhe requirements of the Michigan Medical Marijuana laws, what it takes to be a caregiver or hold a Medical Marijuana Card, etc., the following is a reprint of the administrative rules for Medical Marijuana Act in Michigan:

    ________________________________________________________________________

    DEPARTMENT OF COMMUNITY HEALTH

    DIRECTOR’S OFFICE

    MICHIGAN MEDICAL MARIHUANA

    (By authority conferred on the director of the department of community health
    by section 5 of initiated law 1 of 2008, MCL 333.26421 and executive
    reorganization order numbers 1996-1, 1996-2 and 2003-1, MCL 330.3101, MCL
    445.2001 and MCL 445.2011)

    R 333.101 Definitions.
    Rule 1. As used in these rules:

    (1) “Act” means the Michigan medical marihuana act, Initiated Law 1 of
    2008, MCL 333.26421.

    (2) “Applicant” means a qualifying patient applying for a medical
    marihuana registry identification card on a form provided by the department
    of community health.

    (3) “Code” means 1978 PA 368, MCL 333.1101.

    (4) “Conviction” or “convicted” means a criminal conviction of an offense
    by a guilty verdict from a judge or jury, plea of guilty, or plea of no
    contest.

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

    (a) 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.
    (b) A chronic or debilitating disease or medical condition or its
    treatment that produces, for a specific patient, 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.
    (c) Any other medical condition or treatment for a medical condition
    approved by the department pursuant to a petition submitted under R 333.133.

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

    (7) “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.

    (8) “Marihuana” means that term as defined in section 7106 of the code.

    (9) “Medicaid health plan” means the medical assistance program managed by
    the department.

    (10) “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.

    (11) “Paraphernalia” means any item defined as “drug paraphernalia”
    pursuant to section 7451 of the code.

    (12) “Parent or legal guardian” means the custodial parent or legal
    guardian with responsibility for health care decisions for a qualifying
    patient who is under 18 years of age.

    (13) “Petition” means a written request for the department to add new
    medical conditions or treatments to the list of debilitating medical
    conditions under R 333.101(5).

    (14) “Physician” means an individual licensed as a physician under part
    170 or 175 of the code. For purposes of the act, neither a physician
    assistant nor a nurse practitioner is authorized to sign the statement
    attesting to the patient’s debilitating medical condition.

    (15) “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.

    (16) “Public place” means a place open to the public.

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

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

    (19) “Supplemental Security Income” means the monthly benefit assistance
    program administered by the federal government for persons who are age 65 or
    older, or blind, or disabled and who have limited income and financial
    resources.

    (20) “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.

    (21) “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.
    (22) “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.

    (23) Terms defined in the act have the same meanings when used in these
    rules.

    R 333.103 New registration application; qualifying patient and primary
    caregiver.

    Rule 3. A qualifying patient applying for a registry identification card
    shall comply with all of the following:

    (a) Submit a completed application on a form provided by the department,
    together with the requisite fee. The completed application shall include all
    of the following:
    (i) Name, address, and date of birth of the qualifying patient. The
    address for the qualifying patient shall be a physical address located in
    this state. A qualifying patient who is homeless shall not be required to
    provide a physical address.
    (ii) Name, address, and telephone number of the qualifying patient’s
    physician.
    (iii) The name, address, and date of birth of the patient’s primary
    caregiver, if applicable. A qualifying patient may designate 1 primary
    caregiver to assist with his or her medical use of marihuana.
    (iv) A designation of whether the qualifying patient or the patient’s
    primary caregiver, if applicable, will be allowed to possess marihuana plants
    for the qualifying patient’s medical use.
    (v) An attestation by the primary caregiver named on the application that
    he or she agrees to serve as the patient’s primary caregiver.
    (vi) A primary caregiver shall authorize the department to use the
    information provided on the application to secure his or her criminal
    conviction history to determine if he or she has a felony conviction
    involving illegal drugs.
    (b) Submit photographic identification of both the qualifying patient and
    the patient’s primary caregiver, if applicable. If the qualifying patient is
    under the age of 18 and does not have photographic identification, no
    photographic identification is required. Photocopies of the following shall
    be considered acceptable forms of identification:
    (i) Current driver’s license or identification card, with photo, issued by
    a state.
    (ii) Identification card with photo issued by a federal, state, or
    government agency.
    (iii) Current military identification card.
    (iv) Current passport.
    (v) Current student identification card with photo.
    (vi) Native American tribal identification with photo
    (vii) Permanent resident card or alien registration receipt card.
    (c) Submit a written certification, as defined in R 333.101(22), signed by
    a licensed physician. If the qualifying patient is under the age of 18,
    written certifications from 2 physicians are required.
    (d) If the qualifying patient is under the age of 18, submit a declaration
    of person responsible form.

    R 333.105 Declaration of person responsible form.

    Rule 5. A declaration of person responsible form is required for any
    qualifying patient who is under the age of 18. The form shall include all of
    the following:

    (a) A statement that the qualifying patient’s physician has explained to
    the patient and the patient’s parent or legal guardian the potential risks
    and benefits of the medical use of marihuana.
    (b) Consent of the qualifying patient’s parent or legal guardian to allow
    the qualifying patient’s medical use of marihuana.
    (c) Consent of the qualifying patient’s parent or legal guardian to serve
    as the patient’s primary caregiver and to control the acquisition, dosage,
    and frequency of use of the marihuana by the patient.

    R 333.107 Incomplete application.
    Rule 7. If an applicant fails to provide the information required under R
    333.103 or R 333.105, as applicable, the application shall be denied. The
    department shall notify the applicant of the information that is missing in
    the event the applicant wishes to reapply. An applicant may reapply at any
    time.

    R 333.109 Verification of information.
    Rule 9. The department shall verify the information contained in an
    application and the accompanying documentation, which may include, but is not
    limited to, the following:

    (a) Contacting each applicant by telephone or by mail. If proof of
    identity cannot be determined with reasonable reliability, the department may
    require the production of additional identification materials.
    (b) Contacting the parent or legal guardian of a qualifying patient who is
    under the age of 18.
    (c) Verifying that a physician is licensed to practice in the state.
    (d) Contacting the certifying physician directly to confirm the validity
    of the written certification.

    R 333.111 Fees; reduced fees; renewal.

    Rule 11. (1) The fee for a new or renewal application is $100.00, unless a
    qualifying patient can demonstrate his or her current enrollment in the
    Medicaid health plan or receipt of current Supplemental Security Income
    benefits, in which case the application fee is $25.00. To qualify for a
    reduced fee, an applicant shall satisfy either of the following requirements:
    (a) Submit a copy of the qualifying patient’s current Medicaid health plan
    enrollment statement.
    (b) Submit a copy of the qualifying patient’s current monthly Supplemental
    Security Income benefit card, showing dates of coverage.

    (2) The department shall deny the application of a qualifying patient who
    submits a reduced fee for which he or she is not eligible and shall notify
    the qualifying patient of the application denial. A qualifying patient may
    resubmit the correct fee with his or her qualifying documentation at any time.

    (3) The fee for a revised or duplicate copy of the registration
    identification card for the qualifying patient or the primary caregiver is
    $10.00. If a duplicate card is requested, the qualifying patient or primary
    caregiver shall submit to the department the fee with a statement attesting
    to the loss or destruction of the card.

    R 333.113 Registration approval; denial.
    Rule 13. (1) Pursuant to section 6(c) of the act, the department shall
    approve or deny an application within 15 days of receiving a completed
    application and the requisite fee.

    (2) If an application is approved, within 5 days of approving the
    application, the department shall issue a registry identification card to the
    registered qualifying patient and the registered primary caregiver, if
    applicable. The registry identification card shall include all of the
    following:

    (a) The name, address, and date of birth of the registered qualifying
    patient.
    (b) If the registered qualifying patient has designated a primary
    caregiver, the name, address, and date of birth of the registered primary
    caregiver.
    (c) The issue date and expiration date of the registry identification
    card.
    (d) A random and unique identification number.
    (e) A clear designation showing whether the registered primary caregiver
    or the registered qualifying patient will be authorized to possess marihuana
    plants for the registered qualifying patient’s medical use. The designation
    shall be determined based solely on the registered qualifying patient’s
    preference.

    (3) When a registered qualifying patient has designated a primary
    caregiver, the department shall issue a registry identification card to the
    registered primary caregiver. The registered primary caregiver’s registry
    identification card shall contain the information specified in subrule (2) of
    this rule, as appropriate.

    (4) The department shall deny an application for any of the following:

    (a) The applicant did not provide the physician’s written certification.
    (b) The department determines that any information provided by the
    applicant was falsified.
    (c) An applicant fails to provide a physical address located in this
    state. This provision shall not apply if the applicant is homeless.
    (d) The applicant failed to meet the requirements of R 333.107.

    (5) If the department denies an application, the department shall mail the
    applicant a denial letter within 15 days of receipt of the completed
    application. The denial letter shall be sent by certified mail to the address
    listed on the application form and shall state the reasons for denial and
    when the applicant may reapply.

    (6) Denial of a registry identification card shall be considered a final
    department action, subject to judicial review.

    Rule 333.115 Primary caregiver; number of qualified patients; compensation.

    Rule 15. (1) The department shall issue a registry identification card to
    the primary caregiver, if any, who is named in a qualifying patient’s
    approved application. A registered primary caregiver may assist not more than
    5 qualifying patients with their medical use of marihuana.

    (2) A registered primary caregiver may receive compensation for costs
    associated with assisting a registered qualifying patient in the medical use
    of marihuana. Any such compensation shall not constitute the sale of a
    controlled substance.

    R 333.117 Annual renewal; expiration of registry identification card; fee.
    Rule 17. (1) Pursuant to section 6(e) of the act, a registry
    identification card shall be renewed on an annual basis to maintain active
    status as a registered qualifying patient or a registered primary caregiver.

    (2) A registry identification card shall expire on the first day of the
    month 1 year following issuance of the card.

    (3) An applicant for renewal of a registry identification card shall
    submit an application and information as provided in R 333.103(a), (c) and
    (d).

    (4) If an applicant fails to comply with subrules (1) and (3) of this rule
    by the expiration date on the registry identification card, the registry
    identification card shall be considered null and void and of no further
    effect. The applicant may submit a new application to the department.

    (5) The department shall verify the renewal application information in the
    same manner as specified in R 333.109.

    R 333.119 Changes in status; notifications; requirements.
    Rule 19. (1) In order to update registry information for a qualifying
    patient or primary caregiver, the registered qualifying patient, registered
    primary caregiver, or registered qualifying patient’s parent or legal
    guardian, as applicable, is responsible for notifying the department of a
    change in any of the following:
    (a) The registered qualifying patient’s name.
    (b) The registered qualifying patient’s address.
    (c) The registered qualifying patient’s primary caregiver.
    (d) The registered qualifying patient’s legal guardian.

    (2) The department may notify a registered primary caregiver by certified
    mail at the address of record within 14 days of any changes in status
    including, but not limited to, both of the following:

    (a) The registered qualifying patient’s termination of the individual’s
    status as primary caregiver or designation of another individual as the
    registered primary caregiver.
    (b) The end of eligibility for the registered qualifying patient to hold a
    registry identification card.

    (3) If the department is notified by a registered qualifying patient that
    the registered primary caregiver for the patient has changed, the department
    may notify the initial primary caregiver by certified mail at the address of
    record that the caregiver’s registry identification card is null and void and
    of no effect.

    (4) 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 department shall notify the patient
    within 14 days of receipt of the written notification that the patient’s
    registry identification card is null and void and of no effect.

    Rule 333.121 Confidentiality.
    Rule 21. (1) Except as provided in subrules (2) and (3) of this rule,
    Michigan medical marihuana program information shall be confidential and not
    subject to disclosure in any form or manner. Program information includes,
    but is not limited to, all of the following:

    (a) Applications and supporting information submitted by qualifying
    patients.
    (b) Information related to a qualifying patient’s primary caregiver.
    (c) Names and other identifying information of registry identification
    cardholders.
    (d) Names and other identifying information of pending applicants and
    their primary caregivers.

    (2) Names and other identifying information made confidential under
    subrule (1) of this rule may only be accessed or released to authorized
    employees of the department as necessary to perform official duties of the
    department pursuant to the act, including the production of any reports of
    non-identifying aggregate data or statistics.

    (3) The department shall verify upon a request by 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) The department may release information to other persons only upon
    receipt of a properly executed release of information signed by all
    individuals with legal authority to waive confidentiality regarding that
    information, whether a registered qualifying patient, a qualifying patient’s
    parent or legal guardian, or a qualifying patient’s registered primary
    caregiver. The release of information shall specify what information the
    department is authorized to release and to whom.

    (5) Violation of these confidentiality rules may subject an individual to
    the penalties provided for under section 6(h)(4) of the act.

    Rule 333.123 Complaints.

    Rule 23. The department shall refer criminal complaints against a
    registered qualifying patient or registered primary caregiver to the
    appropriate state or local authorities.

    R 333.125 Revocation; nullification.

    Rule 25. (1) A registered qualifying patient or registered primary
    caregiver who has been convicted of selling marihuana to someone who is not
    allowed to use marihuana for medical purposes under the act, shall have his
    or her registry identification card revoked and may be found guilty of a
    felony punishable by imprisonment for not more than 2 years or a fine of not
    more than $2,000.00, or both, in addition to any other penalties for the
    distribution of marihuana.

    (2) A registry identification card that is later determined to be based on
    fraudulent information is null and void and of no effect.

    (3) Any person who has been convicted of a felony involving illegal drugs
    shall not serve as a qualifying patient’s primary caregiver under the act.

    (4) The department shall send written notice by certified mail to a
    registered qualifying patient or the patient’s registered primary caregiver
    of any of the following:

    (a) An intent to revoke or nullify a registry identification card.
    (b) That a primary caregiver no longer qualifies for approval under the
    act based on a felony drug conviction.

    (5) The notice referenced in subrule (4) of this rule shall include the
    right to request a contested case hearing. If the request for hearing is not
    filed with the department within 21 days from the date the notice was mailed
    by the department, the right to request a contested case hearing shall be
    waived.

    Rule 333.127 Management of medical marihuana.

    Rule 27. (1) A qualifying patient who has been issued and possesses a
    registry identification card shall not be subject to arrest, prosecution, or
    penalty in any manner, or denied any right or privilege, including but not
    limited to civil penalty or disciplinary action by a business or occupational
    or professional licensing board or bureau, for the medical use of marihuana
    in accordance with the act, if the qualifying patient possesses an amount of
    marihuana that does not exceed the following:

    (a) Two and one-half (2.5) ounces of usable marihuana.
    (b) If the qualifying patient has not specified that a primary caregiver
    will be allowed under state law to cultivate marihuana for the qualifying
    patient, 12 marihuana plants kept in an enclosed, locked facility.
    (c) Any incidental amount of seeds, stalks, and roots.

    (2) A primary caregiver who has been issued and possesses a registry
    identification card shall not be subject to arrest, prosecution, or penalty
    in any manner, or denied any right or privilege, including but not limited to
    civil penalty or disciplinary action by a business or occupational or
    professional licensing board or bureau, for assisting a qualifying patient to
    whom he or she is connected through the department’s registration process
    with the medical use of marihuana in accordance with the act, if the primary
    caregiver possesses an amount of marihuana that does not exceed the following:

    (a) Two and one-half (2.5) ounces of usable marihuana for each registered
    qualifying patient to whom he or she is connected through the department’s
    registration process.
    (b) For each registered qualifying patient who has specified that the
    primary caregiver will be allowed under state law to cultivate marihuana for
    the qualifying patient, 12 marihuana plants kept in an enclosed, locked
    facility.
    (c) Any incidental amount of seeds, stalks, and unusable roots.

    (3) An individual may simultaneously be registered as a qualifying patient
    and as a primary caregiver.

    Rule 333.131 Review panel for reviewing petitions for additional medical
    conditions or treatments.

    Rule 31. (1) The department shall appoint a panel of not more than 15
    members to review petitions to add medical conditions or treatments to the
    list of debilitating medical conditions under R 333.101 (5). A majority of
    the panel members shall be licensed physicians, and the panel shall provide
    recommendations to the department regarding whether the petitions should be
    approved or denied.

    (2) Members of the review panel shall include, but not be limited to, the
    Michigan chief medical executive and 7 appointed members of the advisory
    committee on pain and symptom management as described in MCL 333.16204a. The
    7 review panel members from the advisory committee on pain and symptom
    management shall include 4 licensed physicians and 3 non-physicians.

    (3) The department shall provide staff support to the review panel to
    assist with the scheduling of meetings, conference calls, dissemination of
    petition-related materials, and to perform other administrative duties
    related to the performance of the panel’s review.

    (4) A quorum of the review panel shall concur with the recommendation in
    order to be considered an official recommendation of the panel. For the
    purposes of this subrule, a majority of the members appointed and serving on
    the review panel constitutes a quorum.

    Rule 333.133 Petition to add qualifying diseases or medical conditions;
    review panel; recommendations.

    Rule 33. (1) The department shall accept a written petition from any
    person requesting that a particular medical condition or treatment be
    included in the list of debilitating medical conditions under R 333.101.

    (2) The department shall submit the written petition to the review panel.
    Within 60 days of receipt of the petition, the panel shall make a
    recommendation to the department regarding approval or denial of the petition.

    (3) Upon receipt of a recommendation from the review panel, the department
    shall do all of the following:

    (a) Post the panel’s recommendations on the department’s website for
    public comment for a period of 60 days.
    (b) Give notice of a public hearing not less than 10 days before the date
    of the hearing.
    (c) Hold a public hearing within the 60-day time period that the
    recommendation from the panel is posted on the department’s website.

    (4) After a public hearing, the department shall forward comments made
    during the hearing to the panel for review. If, based on a review of the
    comments, the panel determines that substantive changes should be made to its
    initial recommendation, the petition shall be denied, the department shall
    provide the petitioner with a copy of the initial recommendation and an
    explanation of the substantive changes, and the petitioner may resubmit the
    petition to the department at any time. If no changes are made to the
    initial recommendation or the changes are minor and do not affect the general
    content of the recommendation, the department shall forward the
    recommendation to the department director for a final determination on the
    petition.

    (5) Within 180 days of the date the petition is filed with the department,
    the department director shall make a final determination on the petition. The
    approval or denial of the petition shall be considered a final department
    action subject to judicial review under the act.

    (6) If the petition is approved, the department shall create a document
    verifying the addition of the new medical condition or treatment to the list
    of debilitating medical conditions identified under R 333.101. Until such
    time as these rules are amended to officially recognize the medical condition
    as a qualifying debilitating medical condition, the department shall develop
    a policy that allows the new medical condition to be used as a qualifier for
    a registry identification card.

    _______________________________________________________________________

    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

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