Michigan Medical Marihuana Insight to Serve Patients

July 13, 2021 Cannabis Business, Entrepreneurs

Michigan medical marihuana is likely at the bottom of most cannabusiness operators’ concerns at this point. Recreational weed legalization in the Great Lake State has become the primary topic of interest since 2019 when sales began.

However, the Michigan Medical Marihuana Act, Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act, and Michigan Medical Marijuana Program have made medicinal marijuana more accessible than ever before.

This, of course, means that the medical space is exploding with opportunities for business owners interested in serving anyone who holds a Michigan medical marijuana card.

Keep reading to learn about the opportunities and barriers to entry you’ll face operating in Michigan’s medicinal marijuana sector.

Need assistance with your medical marihuana business in Michigan? Contact us now to get help from one of our industry-professional cannabis CPAs in Michigan.

medical marihuana michigan

Michigan Medical Marijuana Business Legislation to Know

Michigan voters helped legalize cannabis medicinally quite a while back. However, even with Michigan voters on board with this, operating a cannabusiness serving patients in this state comes with some obstacles.

The four acts you’ll need to understand are the Marihuana Tracking Act, Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act, and the Michigan Medical Marijuana Act.

Loving this post? Make sure to check out our other article on Michigan grower’s license insights before you leave.

Marihuana Tracking Act

The Marihuana Tracking Act implements a statewide monitoring system that does the following:

  • Tracks compliance with the laws that authorize commercial traffic in medical cannabis,
  • Identifies threats to health from batches of cannabis for recreational or medical use,
  • Demands people engaged in the commercial marijuana trade provide information to enter the system,
  • Provide powers and duties to the state departments and agencies involved with regulation,
  • Provide remedies,
  • And outline rules for the cannabis space.

Medical Marihuana Facilities Licensing Act (MMFLA) Summarized

The MMFLA was the first legislative package to clarify licensing and regulatory framework for medical cultivators, processors, transporters, safety compliance facilities, and provisioning centers in the state. While it’s somewhat comparable to the state’s recreational marijuana law, the MMFLA focuses on medical marihuana facilities.

The biggest change for medical business operators is that the MMFLA established a cap on the number of producer, processor, and safety compliance facility licenses. As recreational sales happened, the cap was effectively broken for these businesses.

The MMFLA regulates all commercial medical cannabis activity in the state. This includes testing, growing, processing, transporting, and selling cannabis products. The MMFLA outlines the importance of a permit to operate any kind of business related to medical sales. To receive a permit (license), operators must undergo extensive vetting and pass local zoning requirements.

Michigan Regulation and Taxation of Marihuana Act (MRTMA) Summarized

Through the Michigan Regulation and Taxation of Marihuana Act (MRTMA), the electorate passed recreational marihuana use in 2018. Medical and recreational sales are managed by the state under the Department of Licensing and Regulatory Affairs (LARA).

This is where most people start when they think about Michigan marijuana laws. The MRTMA provides an explanation for how cannabis will be taxed, grown, produced, processed, distributed, and sold recreationally in Michigan.

medical marihuana michigan illicit conduct can put people behind prison bars

Illicit Conduct

The MRTMA also outlines conduct that’s not allowed. This includes operating vehicles under the influence, sales of product or accessories to those under 21 years of age, public consumption, public cultivation, processing and consumption rules, and possession restrictions.

medical marihuana cannabis cultivation

Commercial Activity

The MRTMA highlights commercial activity rules, too. Cultivation, processing, testing, and other operations related to the plant must adhere to the demands of this legislation, regardless of whether operating in the medical or adult-use marijuana space.

michigan medical marijuana program jars

Michigan Medical Marihuana Act (MMMA) Summarized

The MMMA offers insight into how much medical marijuana a patient or primary caregiver can possess legally. This involves a medical evaluation following debilitating medical conditions associated with a chronic or debilitating disease.

Through the MMMA, patients, caregivers, and medicinal cannabis business operators understand what’s allowed. These regulatory affairs allow certified patients access to safe marijuana in Michigan that can be used to treat a condition, like severe and persistent muscle spasms, inflammatory bowel disease, and other qualifying conditions.

Michigan medical patients some hoops to jump through, but it’s worth it for patients who need a medical marijuana card. The products these patients purchase are for medical use, meaning without access to medical cannabis cards, these medical cannabis products are unavailable to the general public.

Michigan Medical Marijuana Program Summarized

Patients need to be at least 18 years old to qualify for medical cannabis under the Michigan medical marijuana program. Then, if the patient has a primary caregiver, the caregiver must be included in their registry application.

What are the requirements for caregivers in Michigan?

Caregivers need to be at least 21 years old. Their record cannot have any convictions of violent or drug-related felonies.

Primary caregivers also must have a record clean of felonies for the last decade. These individuals are also only allowed up to five qualifying medical marijuana patients in their care.

What conditions qualify?

The Michigan Medical Marijuana Program reserves medical product access for Michigan residency holders who have a medical marijuana card for the following debilitating medical conditions:

  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Cancer
  • Crohn’s disease
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Nail-patella syndrome

This legislation also reserves medical products for chronic or debilitating conditions, or their treatments, that results in one or more of the following:

  • Cachexia, or wasting syndrome
  • Seizures, including those characteristics of epilepsy
  • Severe and chronic pain
  • Severe nausea
  • Severe and persistent muscle spasms

How to get a card in Michigan?

Patients must submit an application and physician certification to obtain a Michigan medical marijuana card. Once a physician certification is obtained, patients applying for a medical marijuana card need to obtain a registry identification card.

A personal identification card is easy to get. Patients must do the following to submit an application form:

  • Apply for Registry Identification Card
  • Submit an Application Fee of $40
  • If designating a caregiver, include a copy of the caregiver’s valid state-issued driver’s license or government-issued document.
  • Offer Proof of Michigan Residency (a valid Michigan driver’s license will work).
  • Submit a Physician Certification Form

michigan medical marijuana faq

Michigan Medical Marijuana FAQ

How hard is it to get a medical card in Michigan?

These days, it’s incredibly easy to get a medical card. The application can be done online, and a recent report from the MRA claims the state has around 285,000 registered medical marijuana cardholders, which is a massive increase beyond 70 percent since 2012.

Does Michigan have medical Marijuanas?

Yes, medical product is available. With this being the case, the state also allows medicinal marijuana businesses to become licensed and operate, as well.

Medicinal marijuana legality offers an incredible opportunity, especially for business operators. This is particularly the case when considering how the state’s Marijuana Regulatory Agency is investing millions of dollars worth of marijuana tax revenue into medicinal marijuana research for veterans!

What qualifies for medical Marijuanas in Michigan?

The following health concerns qualify patients for medicinal marijuana under state law:

  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Cancer
  • Crohn’s disease
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Nail-patella syndrome
  • Cachexia, or wasting syndrome
  • Seizures, including those characteristics of epilepsy
  • Severe and chronic pain
  • Severe nausea
  • Severe and persistent muscle spasms

Can you get a medical card for anxiety in Michigan?

Some doctors might be willing to provide a recommendation for an MMMP card if the person suffers from debilitating anxiety. However, others might not be so quick to help the patient get their MMMP card.

Even though a patient might suffer from anxiety, a doctor or physician will need to analyze to determine if marijuana as a medicine can treat it.

A medical card for anxiety is an option on a case-by-case basis. Depending on the doctor or physician the patient speaks with, they might get the recommendation they need.

Marijuana Regulatory Agency (MRA)

What is the MRA?

The Michigan Marijuana Regulatory Agency (MRA) regulates adult-use marijuana establishments and licensees in the state per the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and all related administrative requirements. However, this regulatory agency is not limited to recreational cannabis.

The Marijuana Regulatory Agency in Michigan is also responsible for ensuring that businesses adhere to the state’s Medical Marijuana Program and its Medical Marihuana Act. Hence, if you’re operating a business that serves medicinal marijuana patient needs in this state, you’ll need to know how to interact with this state department.