What impact does the MMFLA have on patients or caregivers operating under the MMMA?

The Michigan Medical Marihuana Act (2008)(MMMA) authorized the patient/caregiver model that remains in effect today and is unchanged by the Medical Marihuana Facilities Licensing Act (2016) (MMFLA). Registered qualifying patients may continue to grow their own medical marijuana, or they may continue to have a registered primary caregiver grow it for them under the MMMA.  The MMFLA does, however, give registered patients another method to acquire their medicine.

Under the MMMA and the MMFLA

Registered qualifying patients may:

  • Grow up to 12 marijuana plants for himself or herself or have his or her registered primary caregiver with whom he or she is connected through the Michigan Medical Marijuana Program (MMMP) grow up to 12 marijuana plants for him or her.
  • Purchase up to 2.5 oz. of marijuana product per day from a licensed provisioning center or may purchase up to 2.5 oz. of marijuana product per day from his or her registered primary caregiver with whom he or she is connected through the MMMP.
  • Possess up to 2.5 oz. of marijuana product and up to 12 marijuana plants for himself or herself if he or she is not connected with a registered qualifying caregiver through the MMMP.

Registered primary caregivers may:

  • Grow up to 12 marijuana plants in an enclosed locked facility for each registered qualifying patient with whom he or she is connected through the MMMP.
  • Purchase up to 2.5 oz of marijuana product for each registered qualifying patient with whom he or she is connected through the MMMP
  • Possess up to 2.5 oz of marijuana product and 12 marijuana plants in an enclosed locked facility for each registered qualifying patient with whom he or she is connected through the MMMP.

Growers and Processors:

  • The MMFLA requires grower and processor facility licensees to have at least 2 years’ experience as a caregiver or have an active employee with such experience. This requirement ends on December 31, 2021.
  • However, a licensed grower or processor must not simultaneously be registered as a caregiver and must not employ a registered caregiver.
  • Thus, the Agency requires the following:
    • Upon receiving a license, any employee or person with interest in the business who is also a caregiver must submit the form to cancel their caregiver status within 5 business days.
    • If a new employee is a caregiver, that person has 5 business days from date of hire to submit the form to cancel caregiver status.
    • The MMFLA does not prohibit grower and processor facility licensees from being registered as patients under the MMMP, nor does it prohibit such facilities from employing registered patients.

Secure Transporters:

  • To be eligible for a secure transporter license, an applicant and its investors cannot be registered patients or caregivers.
  • Thus, the Agency requires the following:
    • A registered caregiver or patient must withdraw from the MMMP registry prior to applying for a secure transporter license.
    • A registered caregiver or patient who has an interest in an applicant for a secure transporter license must withdraw from the MMMP registry before the applicant submits its application.

Provisioning Centers and Safety Compliance Facilities:

  • The MMFLA does not prohibit provisioning center and safety compliance facility licensees from being registered as patients or caregivers under the MMMP, nor does it prohibit such facilities from employing patients or caregivers.

How to Withdraw from the MMMP Registry: A patient or caregiver who wishes to withdraw from the MMMP registry must submit a completed withdrawal form directly to the MMMP according to the instructions on the form to cancel caregiver status.  Withdrawal may also be submitted through Accela Citizen Access.