Michigan Medical Marihuana Program Michigan Department of Community Health Bureau of Health...

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:  bhpinfo@michigan.gov

Contact Information

• Rae Ramsdell

Bureau of Health Professions

Licensing Director

(517)-373-6873

rhramsd@michigan.gov