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CRIMINAL LAW
Administrative rules governing medical marihuana
Effective: April 4, 2009
The administrative rules governing medical marihuana in Michigan (R 333.101 - R 333.133) have been promulgated by the Michigan Department of Community Health (MDCH). The rules primarily cover processes unrelated to law enforcement; however, they contain a provision allowing law enforcement officers to verify the validity of registry identification cards.
Officers can verify a card by calling (517) 373-0395 during business hours. The MDCH will only verify a card by number, and will not provide further information about a patient or caregiver. When a patient or caregiver does not have their card with them, it will not be possible to verify their registration unless they know their number.
The Michigan Medical Marihuana Act does not allow a patient or caregiver to possess marihuana unless they also possess their registry identification card. So, a person possessing marihuana without his or her card can be properly arrested. However, the Act contains an affirmative defense provision, so officers should check with their prosecutor before arresting a person for a marihuana-related crime when the person claims to be a registered patient or caregiver.
All registry identification cards will eventually contain photographs of the registered patient or caregiver – the first cards issued did not contain photos, but these cards will be reissued with photos by the MDCH in the near future. Adult patient cards will contain blue lettering and blue text boxes, minor patient cards will contain brown lettering and orange text boxes, and caregiver cards will contain green lettering and green text boxes. The back of each card will contain gray lettering, and may identify patients or caregivers associated with the person appearing on the front of the card.
Details of the program can be found on the MDCH’s Michigan Medical Marijuana Program website and a summary can be found in MSP Legal Update No. 69.
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