Section 4 of our Medicinal Marijuana Law:
http://www.legislature.mi.gov/(S(f2gtmn45jjdl0ouvmwy2li55))/documents/mcl/pdf/mcl-333-26424.pdf
MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2008
333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited;
conditions; privilege from arrests; presumption; compensation; physician subject to
arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or
vicinity of medical use of marihuana; registry identification issued outside of department;
sale of marihuana as felony; penalty.
4. Protections for the Medical Use of Marihuana.
Sec. 4. (a) 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 this act, provided that the qualifying patient
possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, 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. Any incidental amount of
seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this
amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his
or her registry identification card and a valid driver license or government-issued identification card that bears
a photographic image of the qualifying patient.
(b) 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 this act. The privilege from arrest under this
subsection applies only if the primary caregiver presents both his or her registry identification card and a valid
driver license or government-issued identification card that bears a photographic image of the primary
caregiver. This subsection applies only if the primary caregiver possesses an amount of marihuana that does
not exceed:
(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the
department's registration process; and
(2) 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; and
(3) any incidental amount of seeds, stalks, and unusable roots.
(c) A person shall not be denied custody or visitation of a minor for acting in accordance with this act,
unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly
articulated and substantiated.
(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical
use of marihuana in accordance with this act if the qualifying patient or primary caregiver:
(1) is in possession of a registry identification card; and
(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The
presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of
alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating
medical condition, in accordance with this act.
(e) 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 controlled substances.
(f) A physician 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 the Michigan board of medicine,
the Michigan board of osteopathic medicine and surgery, or any other business or occupational or
professional licensing board or bureau, solely for providing written certifications, in the course of a bona fide
physician-patient relationship and after the physician has completed a full assessment of the qualifying
patient's medical history, or for otherwise stating that, in the physician's professional opinion, a patient is
likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the
patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating
medical condition, provided that nothing shall prevent a professional licensing board from sanctioning a
physician for failing to properly evaluate a patient's medical condition or otherwise violating the standard of
Rendered Thursday, October 24, 2013 Page 1 Michigan Compiled Laws Complete Through PA 139 of 2013
 Legislative Council, State of Michigan Courtesy of
www.legislature.mi.govcare for evaluating medical conditions.
(g) A person 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 providing a registered qualifying patient or a registered primary
caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.
(h) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in
connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall
not be seized or forfeited.
(i) A person 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, solely for being in the presence or vicinity of the medical use of
marihuana in accordance with this act, or for assisting a registered qualifying patient with using or
administering marihuana.
(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district,
territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana
by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of
marihuana, shall have the same force and effect as a registry identification card issued by the department.
(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who
is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification
card revoked and is 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.
History: 2008, Initiated Law 1, Eff. Dec. 4, 2008;Am. 2012, Act 512, Eff. Apr. 1, 2013.
Compiler's note: MCL 333.26430 of Initiated Law 1 of 2008 provides:
10. Severability.
Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.
