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MICHIGAN MEDICAL MARIHUANA
(By authority conferred on the director of the department of community health
by section 5 of initiated law 1 of 2008, MCL 333.26421 and executive
reorganization order numbers 1996-1, 1996-2 and 2003-1, MCL 330.3101, MCL
445.2001 and MCL 445.2011)
R 333.101 Definitions.
Rule 1. As used in these rules:
(1) "Act" means the Michigan medical marihuana act, Initiated Law 1 of
2008, MCL 333.26421.
(2) "Applicant" means a qualifying patient applying for a medical
marihuana registry identification card on a form provided by the department
of community health.
(3) "Code" means 1978 PA 368, MCL 333.1101.
(4) "Conviction" or "convicted" means a criminal conviction of an offense
by a guilty verdict from a judge or jury, plea of guilty, or plea of no
contest.
(5) "Debilitating medical condition" means 1 or more of the following:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral
sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella,
or the treatment of these conditions.
(b) A chronic or debilitating disease or medical condition or its
treatment that produces, for a specific patient, 1 or more of the following:
cachexia or wasting syndrome; severe and chronic pain; severe nausea;
seizures, including but not limited to those characteristic of epilepsy; or
severe and persistent muscle spasms, including but not limited to those
characteristic of multiple sclerosis.
(c) Any other medical condition or treatment for a medical condition
approved by the department pursuant to a petition submitted under R 333.133.
(6) "Department" means the department of community health.
(7) "Enclosed, locked facility" means a closet, room, or other enclosed
area equipped with locks or other security devices that permit access only by
a registered primary caregiver or registered qualifying patient.
(
"Marihuana" means that term as defined in section 7106 of the code.
(9) "Medicaid health plan" means the medical assistance program managed by
the department.
(10) "Medical use" means the acquisition, possession, cultivation,
manufacture, use, internal possession, delivery, transfer, or transportation
of marihuana or paraphernalia relating to the administration of marihuana to
treat or alleviate a registered qualifying patient's debilitating medical
condition or symptoms associated with the debilitating medical condition.
(11) "Paraphernalia" means any item defined as "drug paraphernalia"
pursuant to section 7451 of the code.
(12) "Parent or legal guardian" means the custodial parent or legal
guardian with responsibility for health care decisions for a qualifying
patient who is under 18 years of age.
(13) "Petition" means a written request for the department to add new
medical conditions or treatments to the list of debilitating medical
conditions under R 333.101(5).
(14) "Physician" means an individual licensed as a physician under part
170 or 175 of the code. For purposes of the act, neither a physician
assistant nor a nurse practitioner is authorized to sign the statement
attesting to the patient's debilitating medical condition.
(15) "Primary caregiver" means a person who is at least 21 years old and
who has agreed to assist with a patient's medical use of marihuana and who
has never been convicted of a felony involving illegal drugs.
(16) "Public place" means a place open to the public.
(17) "Qualifying patient" means a person who has been diagnosed by a
physician as having a debilitating medical condition.
(1 "Registry identification card" means a document issued by the
department that identifies a person as a registered qualifying patient or
registered primary caregiver.
(19) "Supplemental Security Income" means the monthly benefit assistance
program administered by the federal government for persons who are age 65 or
older, or blind, or disabled and who have limited income and financial
resources.
(20) "Usable marihuana" means the dried leaves and flowers of the
marihuana plant, and any mixture or preparation thereof, but does not include
the seeds, stalks, and roots of the plant.
(21) "Visiting qualifying patient" means a patient who is not a resident
of this state or who has been a resident of this state for less than 30 days.
(22) "Written certification" means a document signed by a physician
stating the patient's debilitating medical condition and stating that, in the
physician's professional opinion, the patient is likely to receive
therapeutic or palliative benefit from the medical use of marihuana to treat
or alleviate the patient's debilitating medical condition or symptoms
associated with the debilitating medical condition.
(23) Terms defined in the act have the same meanings when used in these
rules.
History: 2009 AACS.
R 333.103 New registration application; qualifying patient and primary
caregiver.
Rule 3. A qualifying patient applying for a registry identification card
shall comply with all of the following:
(a) Submit a completed application on a form provided by the department,
together with the requisite fee. The completed application shall include all
of the following:
(i) Name, address, and date of birth of the qualifying patient. The
address for the qualifying patient shall be a physical address located in
this state. A qualifying patient who is homeless shall not be required to
provide a physical address.
(ii) Name, address, and telephone number of the qualifying patient's
physician.
(iii) The name, address, and date of birth of the patient's primary
caregiver, if applicable. A qualifying patient may designate 1 primary
caregiver to assist with his or her medical use of marihuana.
(iv) A designation of whether the qualifying patient or the patient's
primary caregiver, if applicable, will be allowed to possess marihuana plants
for the qualifying patient's medical use.
(v) An attestation by the primary caregiver named on the application that
he or she agrees to serve as the patient's primary caregiver.
(vi) A primary caregiver shall authorize the department to use the
information provided on the application to secure his or her criminal
conviction history to determine if he or she has a felony conviction
involving illegal drugs.
(b) Submit photographic identification of both the qualifying patient and
the patient's primary caregiver, if applicable. If the qualifying patient is
under the age of 18 and does not have photographic identification, no
photographic identification is required. Photocopies of the following shall
be considered acceptable forms of identification:
(i) Current driver's license or identification card, with photo, issued by
a state.
(ii) Identification card with photo issued by a federal, state, or
government agency.
(iii) Current military identification card.
(iv) Current passport.
(v) Current student identification card with photo.
(vi) Native American tribal identification with photo
(vii) Permanent resident card or alien registration receipt card.
(c) Submit a written certification, as defined in R 333.101(22), signed by
a licensed physician. If the qualifying patient is under the age of 18,
written certifications from 2 physicians are required.
(d) If the qualifying patient is under the age of 18, submit a declaration
of person responsible form.
History: 2009 AACS.
R 333.105 Declaration of person responsible form.
Rule 5. A declaration of person responsible form is required for any
qualifying patient who is under the age of 18. The form shall include all of
the following:
(a) A statement that the qualifying patient's physician has explained to
the patient and the patient's parent or legal guardian the potential risks
and benefits of the medical use of marihuana.
(b) Consent of the qualifying patient's parent or legal guardian to allow
the qualifying patient's medical use of marihuana.
(c) Consent of the qualifying patient's parent or legal guardian to serve
as the patient's primary caregiver and to control the acquisition, dosage,
and frequency of use of the marihuana by the patient.
History: 2009 AACS.
R 333.107 Incomplete application.
Rule 7. If an applicant fails to provide the information required under R
333.103 or R 333.105, as applicable, the application shall be denied. The
department shall notify the applicant of the information that is missing in
the event the applicant wishes to reapply. An applicant may reapply at any
time.
History: 2009 AACS.
R 333.109 Verification of information.
Rule 9. The department shall verify the information contained in an
application and the accompanying documentation, which may include, but is not
limited to, the following:
(a) Contacting each applicant by telephone or by mail. If proof of
identity cannot be determined with reasonable reliability, the department may
require the production of additional identification materials.
(b) Contacting the parent or legal guardian of a qualifying patient who is
under the age of 18.
(c) Verifying that a physician is licensed to practice in the state.
(d) Contacting the certifying physician directly to confirm the validity
of the written certification.
History: 2009 AACS.
R 333.111 Fees; reduced fees; renewal.
Rule 11. (1) The fee for a new or renewal application is $100.00, unless a
qualifying patient can demonstrate his or her current enrollment in the
Medicaid health plan or receipt of current Supplemental Security Income
benefits, in which case the application fee is $25.00. To qualify for a
reduced fee, an applicant shall satisfy either of the following requirements:
(a) Submit a copy of the qualifying patient's current Medicaid health plan
enrollment statement.
(b) Submit a copy of the qualifying patient's current monthly Supplemental
Security Income benefit card, showing dates of coverage.
(2) The department shall deny the application of a qualifying patient who
submits a reduced fee for which he or she is not eligible and shall notify
the qualifying patient of the application denial. A qualifying patient may
resubmit the correct fee with his or her qualifying documentation at any time.
(3) The fee for a revised or duplicate copy of the registration
identification card for the qualifying patient or the primary caregiver is
$10.00. If a duplicate card is requested, the qualifying patient or primary
caregiver shall submit to the department the fee with a statement attesting
to the loss or destruction of the card.
History: 2009 AACS.
R 333.113 Registration approval; denial.
Rule 13. (1) Pursuant to section 6(c) of the act, the department shall
approve or deny an application within 15 days of receiving a completed
application and the requisite fee.
(2) If an application is approved, within 5 days of approving the
application, the department shall issue a registry identification card to the
registered qualifying patient and the registered primary caregiver, if
applicable. The registry identification card shall include all of the
following:
(a) The name, address, and date of birth of the registered qualifying
patient.
(b) If the registered qualifying patient has designated a primary
caregiver, the name, address, and date of birth of the registered primary
caregiver.
(c) The issue date and expiration date of the registry identification
card.
(d) A random and unique identification number.
(e) A clear designation showing whether the registered primary caregiver
or the registered qualifying patient will be authorized to possess marihuana
plants for the registered qualifying patient's medical use. The designation
shall be determined based solely on the registered qualifying patient's
preference.
(3) When a registered qualifying patient has designated a primary
caregiver, the department shall issue a registry identification card to the
registered primary caregiver. The registered primary caregiver's registry
identification card shall contain the information specified in subrule (2) of
this rule, as appropriate.
(4) The department shall deny an application for any of the following:
(a) The applicant did not provide the physician's written certification.
(b) The department determines that any information provided by the
applicant was falsified.
(c) An applicant fails to provide a physical address located in this
state. This provision shall not apply if the applicant is homeless.
(d) The applicant failed to meet the requirements of R 333.107.
(5) If the department denies an application, the department shall mail the
applicant a denial letter within 15 days of receipt of the completed
application. The denial letter shall be sent by certified mail to the address
listed on the application form and shall state the reasons for denial and
when the applicant may reapply.
(6) Denial of a registry identification card shall be considered a final
department action, subject to judicial review.
History: 2009 AACS.
Rule 333.115 Primary caregiver; number of qualified patients; compensation.
Rule 15. (1) The department shall issue a registry identification card to
the primary caregiver, if any, who is named in a qualifying patient's
approved application. A registered primary caregiver may assist not more than
5 qualifying patients with their medical use of marihuana.
(2) 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 a
controlled substance.
History: 2009 AACS.
R 333.117 Annual renewal; expiration of registry identification card; fee.
Rule 17. (1) Pursuant to section 6(e) of the act, a registry
identification card shall be renewed on an annual basis to maintain active
status as a registered qualifying patient or a registered primary caregiver.
(2) A registry identification card shall expire on the first day of the
month 1 year following issuance of the card.
(3) An applicant for renewal of a registry identification card shall
submit an application and information as provided in R 333.103(a), (c) and
(d).
(4) If an applicant fails to comply with subrules (1) and (3) of this rule
by the expiration date on the registry identification card, the registry
identification card shall be considered null and void and of no further
effect. The applicant may submit a new application to the department.
(5) The department shall verify the renewal application information in the
same manner as specified in R 333.109.
History: 2009 AACS.
R 333.119 Changes in status; notifications; requirements.
Rule 19. (1) In order to update registry information for a qualifying
patient or primary caregiver, the registered qualifying patient, registered
primary caregiver, or registered qualifying patient's parent or legal
guardian, as applicable, is responsible for notifying the department of a
change in any of the following:
(a) The registered qualifying patient's name.
(b) The registered qualifying patient's address.
(c) The registered qualifying patient's primary caregiver.
(d) The registered qualifying patient's legal guardian.
(2) The department may notify a registered primary caregiver by certified
mail at the address of record within 14 days of any changes in status
including, but not limited to, both of the following:
(a) The registered qualifying patient's termination of the individual's
status as primary caregiver or designation of another individual as the
registered primary caregiver.
(b) The end of eligibility for the registered qualifying patient to hold a
registry identification card.
(3) If the department is notified by a registered qualifying patient that
the registered primary caregiver for the patient has changed, the department
may notify the initial primary caregiver by certified mail at the address of
record that the caregiver's registry identification card is null and void and
of no effect.
(4) If a registered qualifying patient's certifying physician notifies the
department in writing that the patient has ceased to suffer from a
debilitating medical condition, the department shall notify the patient
within 14 days of receipt of the written notification that the patient's
registry identification card is null and void and of no effect.
History: 2009 AACS.
Rule 333.121 Confidentiality.
Rule 21. (1) Except as provided in subrules (2) and (3) of this rule,
Michigan medical marihuana program information shall be confidential and not
subject to disclosure in any form or manner. Program information includes,
but is not limited to, all of the following:
(a) Applications and supporting information submitted by qualifying
patients.
(b) Information related to a qualifying patient's primary caregiver.
(c) Names and other identifying information of registry identification
cardholders.
(d) Names and other identifying information of pending applicants and
their primary caregivers.
(2) Names and other identifying information made confidential under
subrule (1) of this rule may only be accessed or released to authorized
employees of the department as necessary to perform official duties of the
department pursuant to the act, including the production of any reports of
non-identifying aggregate data or statistics.
(3) The department shall verify upon a request by law enforcement
personnel whether a registry identification card is valid, without disclosing
more information than is reasonably necessary to verify the authenticity of
the registry identification card.
(4) The department may release information to other persons only upon
receipt of a properly executed release of information signed by all
individuals with legal authority to waive confidentiality regarding that
information, whether a registered qualifying patient, a qualifying patient's
parent or legal guardian, or a qualifying patient's registered primary
caregiver. The release of information shall specify what information the
department is authorized to release and to whom.
(5) Violation of these confidentiality rules may subject an individual to
the penalties provided for under section 6(h)(4) of the act.
History: 2009 AACS.
Rule 333.123 Complaints.
Rule 23. The department shall refer criminal complaints against a
registered qualifying patient or registered primary caregiver to the
appropriate state or local authorities.
History: 2009 AACS.
R 333.125 Revocation; nullification.
Rule 25. (1) A registered qualifying patient or registered primary
caregiver who has been convicted of selling marihuana to someone who is not
allowed to use marihuana for medical purposes under the act, shall have his
or her registry identification card revoked and may be found 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.
(2) A registry identification card that is later determined to be based on
fraudulent information is null and void and of no effect.
(3) Any person who has been convicted of a felony involving illegal drugs
shall not serve as a qualifying patient's primary caregiver under the act.
(4) The department shall send written notice by certified mail to a
registered qualifying patient or the patient's registered primary caregiver
of any of the following:
(a) An intent to revoke or nullify a registry identification card.
(b) That a primary caregiver no longer qualifies for approval under the
act based on a felony drug conviction.
(5) The notice referenced in subrule (4) of this rule shall include the
right to request a contested case hearing. If the request for hearing is not
filed with the department within 21 days from the date the notice was mailed
by the department, the right to request a contested case hearing shall be
waived.
History: 2009 AACS.
Rule 333.127 Management of medical marihuana.
Rule 27. (1) 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 the act, if the qualifying patient possesses an amount of
marihuana that does not exceed the following:
(a) Two and one-half (2.5) ounces of usable marihuana.
(b) 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.
(c) Any incidental amount of seeds, stalks, and roots.
(2) 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 the act, if the primary
caregiver possesses an amount of marihuana that does not exceed the following:
(a) Two and one-half (2.5) ounces of usable marihuana for each registered
qualifying patient to whom he or she is connected through the department's
registration process.
(b) 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.
(c) Any incidental amount of seeds, stalks, and unusable roots.
(3) An individual may simultaneously be registered as a qualifying patient
and as a primary caregiver.
History: 2009 AACS.
Rule 333.131 Review panel for reviewing petitions for additional medical
conditions or treatments.
Rule 31. (1) The department shall appoint a panel of not more than 15
members to review petitions to add medical conditions or treatments to the
list of debilitating medical conditions under R 333.101 (5). A majority of
the panel members shall be licensed physicians, and the panel shall provide
recommendations to the department regarding whether the petitions should be
approved or denied.
(2) Members of the review panel shall include, but not be limited to, the
Michigan chief medical executive and 7 appointed members of the advisory
committee on pain and symptom management as described in MCL 333.16204a. The
7 review panel members from the advisory committee on pain and symptom
management shall include 4 licensed physicians and 3 non-physicians.
(3) The department shall provide staff support to the review panel to
assist with the scheduling of meetings, conference calls, dissemination of
petition-related materials, and to perform other administrative duties
related to the performance of the panel's review.
(4) A quorum of the review panel shall concur with the recommendation in
order to be considered an official recommendation of the panel. For the
purposes of this subrule, a majority of the members appointed and serving on
the review panel constitutes a quorum.
History: 2009 AACS.
Rule 333.133 Petition to add qualifying diseases or medical conditions;
review panel; recommendations.
Rule 33. (1) The department shall accept a written petition from any
person requesting that a particular medical condition or treatment be
included in the list of debilitating medical conditions under R 333.101.
(2) The department shall submit the written petition to the review panel.
Within 60 days of receipt of the petition, the panel shall make a
recommendation to the department regarding approval or denial of the petition.
(3) Upon receipt of a recommendation from the review panel, the department
shall do all of the following:
(a) Post the panel's recommendations on the department's website for
public comment for a period of 60 days.
(b) Give notice of a public hearing not less than 10 days before the date
of the hearing.
(c) Hold a public hearing within the 60-day time period that the
recommendation from the panel is posted on the department's website.
(4) After a public hearing, the department shall forward comments made
during the hearing to the panel for review. If, based on a review of the
comments, the panel determines that substantive changes should be made to its
initial recommendation, the petition shall be denied, the department shall
provide the petitioner with a copy of the initial recommendation and an
explanation of the substantive changes, and the petitioner may resubmit the
petition to the department at any time. If no changes are made to the
initial recommendation or the changes are minor and do not affect the general
content of the recommendation, the department shall forward the
recommendation to the department director for a final determination on the
petition.
(5) Within 180 days of the date the petition is filed with the department,
the department director shall make a final determination on the petition. The
approval or denial of the petition shall be considered a final department
action subject to judicial review under the act.
(6) If the petition is approved, the department shall create a document
verifying the addition of the new medical condition or treatment to the list
of debilitating medical conditions identified under R 333.101. Until such
time as these rules are amended to officially recognize the medical condition
as a qualifying debilitating medical condition, the department shall develop
a policy that allows the new medical condition to be used as a qualifier for
a registry identification card.
(By authority conferred on the director of the department of community health
by section 5 of initiated law 1 of 2008, MCL 333.26421 and executive
reorganization order numbers 1996-1, 1996-2 and 2003-1, MCL 330.3101, MCL
445.2001 and MCL 445.2011)
R 333.101 Definitions.
Rule 1. As used in these rules:
(1) "Act" means the Michigan medical marihuana act, Initiated Law 1 of
2008, MCL 333.26421.
(2) "Applicant" means a qualifying patient applying for a medical
marihuana registry identification card on a form provided by the department
of community health.
(3) "Code" means 1978 PA 368, MCL 333.1101.
(4) "Conviction" or "convicted" means a criminal conviction of an offense
by a guilty verdict from a judge or jury, plea of guilty, or plea of no
contest.
(5) "Debilitating medical condition" means 1 or more of the following:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral
sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella,
or the treatment of these conditions.
(b) A chronic or debilitating disease or medical condition or its
treatment that produces, for a specific patient, 1 or more of the following:
cachexia or wasting syndrome; severe and chronic pain; severe nausea;
seizures, including but not limited to those characteristic of epilepsy; or
severe and persistent muscle spasms, including but not limited to those
characteristic of multiple sclerosis.
(c) Any other medical condition or treatment for a medical condition
approved by the department pursuant to a petition submitted under R 333.133.
(6) "Department" means the department of community health.
(7) "Enclosed, locked facility" means a closet, room, or other enclosed
area equipped with locks or other security devices that permit access only by
a registered primary caregiver or registered qualifying patient.
(
"Marihuana" means that term as defined in section 7106 of the code. (9) "Medicaid health plan" means the medical assistance program managed by
the department.
(10) "Medical use" means the acquisition, possession, cultivation,
manufacture, use, internal possession, delivery, transfer, or transportation
of marihuana or paraphernalia relating to the administration of marihuana to
treat or alleviate a registered qualifying patient's debilitating medical
condition or symptoms associated with the debilitating medical condition.
(11) "Paraphernalia" means any item defined as "drug paraphernalia"
pursuant to section 7451 of the code.
(12) "Parent or legal guardian" means the custodial parent or legal
guardian with responsibility for health care decisions for a qualifying
patient who is under 18 years of age.
(13) "Petition" means a written request for the department to add new
medical conditions or treatments to the list of debilitating medical
conditions under R 333.101(5).
(14) "Physician" means an individual licensed as a physician under part
170 or 175 of the code. For purposes of the act, neither a physician
assistant nor a nurse practitioner is authorized to sign the statement
attesting to the patient's debilitating medical condition.
(15) "Primary caregiver" means a person who is at least 21 years old and
who has agreed to assist with a patient's medical use of marihuana and who
has never been convicted of a felony involving illegal drugs.
(16) "Public place" means a place open to the public.
(17) "Qualifying patient" means a person who has been diagnosed by a
physician as having a debilitating medical condition.
(1
"Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient or
registered primary caregiver.
(19) "Supplemental Security Income" means the monthly benefit assistance
program administered by the federal government for persons who are age 65 or
older, or blind, or disabled and who have limited income and financial
resources.
(20) "Usable marihuana" means the dried leaves and flowers of the
marihuana plant, and any mixture or preparation thereof, but does not include
the seeds, stalks, and roots of the plant.
(21) "Visiting qualifying patient" means a patient who is not a resident
of this state or who has been a resident of this state for less than 30 days.
(22) "Written certification" means a document signed by a physician
stating the patient's debilitating medical condition and stating that, in the
physician's professional opinion, the patient is likely to receive
therapeutic or palliative benefit from the medical use of marihuana to treat
or alleviate the patient's debilitating medical condition or symptoms
associated with the debilitating medical condition.
(23) Terms defined in the act have the same meanings when used in these
rules.
History: 2009 AACS.
R 333.103 New registration application; qualifying patient and primary
caregiver.
Rule 3. A qualifying patient applying for a registry identification card
shall comply with all of the following:
(a) Submit a completed application on a form provided by the department,
together with the requisite fee. The completed application shall include all
of the following:
(i) Name, address, and date of birth of the qualifying patient. The
address for the qualifying patient shall be a physical address located in
this state. A qualifying patient who is homeless shall not be required to
provide a physical address.
(ii) Name, address, and telephone number of the qualifying patient's
physician.
(iii) The name, address, and date of birth of the patient's primary
caregiver, if applicable. A qualifying patient may designate 1 primary
caregiver to assist with his or her medical use of marihuana.
(iv) A designation of whether the qualifying patient or the patient's
primary caregiver, if applicable, will be allowed to possess marihuana plants
for the qualifying patient's medical use.
(v) An attestation by the primary caregiver named on the application that
he or she agrees to serve as the patient's primary caregiver.
(vi) A primary caregiver shall authorize the department to use the
information provided on the application to secure his or her criminal
conviction history to determine if he or she has a felony conviction
involving illegal drugs.
(b) Submit photographic identification of both the qualifying patient and
the patient's primary caregiver, if applicable. If the qualifying patient is
under the age of 18 and does not have photographic identification, no
photographic identification is required. Photocopies of the following shall
be considered acceptable forms of identification:
(i) Current driver's license or identification card, with photo, issued by
a state.
(ii) Identification card with photo issued by a federal, state, or
government agency.
(iii) Current military identification card.
(iv) Current passport.
(v) Current student identification card with photo.
(vi) Native American tribal identification with photo
(vii) Permanent resident card or alien registration receipt card.
(c) Submit a written certification, as defined in R 333.101(22), signed by
a licensed physician. If the qualifying patient is under the age of 18,
written certifications from 2 physicians are required.
(d) If the qualifying patient is under the age of 18, submit a declaration
of person responsible form.
History: 2009 AACS.
R 333.105 Declaration of person responsible form.
Rule 5. A declaration of person responsible form is required for any
qualifying patient who is under the age of 18. The form shall include all of
the following:
(a) A statement that the qualifying patient's physician has explained to
the patient and the patient's parent or legal guardian the potential risks
and benefits of the medical use of marihuana.
(b) Consent of the qualifying patient's parent or legal guardian to allow
the qualifying patient's medical use of marihuana.
(c) Consent of the qualifying patient's parent or legal guardian to serve
as the patient's primary caregiver and to control the acquisition, dosage,
and frequency of use of the marihuana by the patient.
History: 2009 AACS.
R 333.107 Incomplete application.
Rule 7. If an applicant fails to provide the information required under R
333.103 or R 333.105, as applicable, the application shall be denied. The
department shall notify the applicant of the information that is missing in
the event the applicant wishes to reapply. An applicant may reapply at any
time.
History: 2009 AACS.
R 333.109 Verification of information.
Rule 9. The department shall verify the information contained in an
application and the accompanying documentation, which may include, but is not
limited to, the following:
(a) Contacting each applicant by telephone or by mail. If proof of
identity cannot be determined with reasonable reliability, the department may
require the production of additional identification materials.
(b) Contacting the parent or legal guardian of a qualifying patient who is
under the age of 18.
(c) Verifying that a physician is licensed to practice in the state.
(d) Contacting the certifying physician directly to confirm the validity
of the written certification.
History: 2009 AACS.
R 333.111 Fees; reduced fees; renewal.
Rule 11. (1) The fee for a new or renewal application is $100.00, unless a
qualifying patient can demonstrate his or her current enrollment in the
Medicaid health plan or receipt of current Supplemental Security Income
benefits, in which case the application fee is $25.00. To qualify for a
reduced fee, an applicant shall satisfy either of the following requirements:
(a) Submit a copy of the qualifying patient's current Medicaid health plan
enrollment statement.
(b) Submit a copy of the qualifying patient's current monthly Supplemental
Security Income benefit card, showing dates of coverage.
(2) The department shall deny the application of a qualifying patient who
submits a reduced fee for which he or she is not eligible and shall notify
the qualifying patient of the application denial. A qualifying patient may
resubmit the correct fee with his or her qualifying documentation at any time.
(3) The fee for a revised or duplicate copy of the registration
identification card for the qualifying patient or the primary caregiver is
$10.00. If a duplicate card is requested, the qualifying patient or primary
caregiver shall submit to the department the fee with a statement attesting
to the loss or destruction of the card.
History: 2009 AACS.
R 333.113 Registration approval; denial.
Rule 13. (1) Pursuant to section 6(c) of the act, the department shall
approve or deny an application within 15 days of receiving a completed
application and the requisite fee.
(2) If an application is approved, within 5 days of approving the
application, the department shall issue a registry identification card to the
registered qualifying patient and the registered primary caregiver, if
applicable. The registry identification card shall include all of the
following:
(a) The name, address, and date of birth of the registered qualifying
patient.
(b) If the registered qualifying patient has designated a primary
caregiver, the name, address, and date of birth of the registered primary
caregiver.
(c) The issue date and expiration date of the registry identification
card.
(d) A random and unique identification number.
(e) A clear designation showing whether the registered primary caregiver
or the registered qualifying patient will be authorized to possess marihuana
plants for the registered qualifying patient's medical use. The designation
shall be determined based solely on the registered qualifying patient's
preference.
(3) When a registered qualifying patient has designated a primary
caregiver, the department shall issue a registry identification card to the
registered primary caregiver. The registered primary caregiver's registry
identification card shall contain the information specified in subrule (2) of
this rule, as appropriate.
(4) The department shall deny an application for any of the following:
(a) The applicant did not provide the physician's written certification.
(b) The department determines that any information provided by the
applicant was falsified.
(c) An applicant fails to provide a physical address located in this
state. This provision shall not apply if the applicant is homeless.
(d) The applicant failed to meet the requirements of R 333.107.
(5) If the department denies an application, the department shall mail the
applicant a denial letter within 15 days of receipt of the completed
application. The denial letter shall be sent by certified mail to the address
listed on the application form and shall state the reasons for denial and
when the applicant may reapply.
(6) Denial of a registry identification card shall be considered a final
department action, subject to judicial review.
History: 2009 AACS.
Rule 333.115 Primary caregiver; number of qualified patients; compensation.
Rule 15. (1) The department shall issue a registry identification card to
the primary caregiver, if any, who is named in a qualifying patient's
approved application. A registered primary caregiver may assist not more than
5 qualifying patients with their medical use of marihuana.
(2) 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 a
controlled substance.
History: 2009 AACS.
R 333.117 Annual renewal; expiration of registry identification card; fee.
Rule 17. (1) Pursuant to section 6(e) of the act, a registry
identification card shall be renewed on an annual basis to maintain active
status as a registered qualifying patient or a registered primary caregiver.
(2) A registry identification card shall expire on the first day of the
month 1 year following issuance of the card.
(3) An applicant for renewal of a registry identification card shall
submit an application and information as provided in R 333.103(a), (c) and
(d).
(4) If an applicant fails to comply with subrules (1) and (3) of this rule
by the expiration date on the registry identification card, the registry
identification card shall be considered null and void and of no further
effect. The applicant may submit a new application to the department.
(5) The department shall verify the renewal application information in the
same manner as specified in R 333.109.
History: 2009 AACS.
R 333.119 Changes in status; notifications; requirements.
Rule 19. (1) In order to update registry information for a qualifying
patient or primary caregiver, the registered qualifying patient, registered
primary caregiver, or registered qualifying patient's parent or legal
guardian, as applicable, is responsible for notifying the department of a
change in any of the following:
(a) The registered qualifying patient's name.
(b) The registered qualifying patient's address.
(c) The registered qualifying patient's primary caregiver.
(d) The registered qualifying patient's legal guardian.
(2) The department may notify a registered primary caregiver by certified
mail at the address of record within 14 days of any changes in status
including, but not limited to, both of the following:
(a) The registered qualifying patient's termination of the individual's
status as primary caregiver or designation of another individual as the
registered primary caregiver.
(b) The end of eligibility for the registered qualifying patient to hold a
registry identification card.
(3) If the department is notified by a registered qualifying patient that
the registered primary caregiver for the patient has changed, the department
may notify the initial primary caregiver by certified mail at the address of
record that the caregiver's registry identification card is null and void and
of no effect.
(4) If a registered qualifying patient's certifying physician notifies the
department in writing that the patient has ceased to suffer from a
debilitating medical condition, the department shall notify the patient
within 14 days of receipt of the written notification that the patient's
registry identification card is null and void and of no effect.
History: 2009 AACS.
Rule 333.121 Confidentiality.
Rule 21. (1) Except as provided in subrules (2) and (3) of this rule,
Michigan medical marihuana program information shall be confidential and not
subject to disclosure in any form or manner. Program information includes,
but is not limited to, all of the following:
(a) Applications and supporting information submitted by qualifying
patients.
(b) Information related to a qualifying patient's primary caregiver.
(c) Names and other identifying information of registry identification
cardholders.
(d) Names and other identifying information of pending applicants and
their primary caregivers.
(2) Names and other identifying information made confidential under
subrule (1) of this rule may only be accessed or released to authorized
employees of the department as necessary to perform official duties of the
department pursuant to the act, including the production of any reports of
non-identifying aggregate data or statistics.
(3) The department shall verify upon a request by law enforcement
personnel whether a registry identification card is valid, without disclosing
more information than is reasonably necessary to verify the authenticity of
the registry identification card.
(4) The department may release information to other persons only upon
receipt of a properly executed release of information signed by all
individuals with legal authority to waive confidentiality regarding that
information, whether a registered qualifying patient, a qualifying patient's
parent or legal guardian, or a qualifying patient's registered primary
caregiver. The release of information shall specify what information the
department is authorized to release and to whom.
(5) Violation of these confidentiality rules may subject an individual to
the penalties provided for under section 6(h)(4) of the act.
History: 2009 AACS.
Rule 333.123 Complaints.
Rule 23. The department shall refer criminal complaints against a
registered qualifying patient or registered primary caregiver to the
appropriate state or local authorities.
History: 2009 AACS.
R 333.125 Revocation; nullification.
Rule 25. (1) A registered qualifying patient or registered primary
caregiver who has been convicted of selling marihuana to someone who is not
allowed to use marihuana for medical purposes under the act, shall have his
or her registry identification card revoked and may be found 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.
(2) A registry identification card that is later determined to be based on
fraudulent information is null and void and of no effect.
(3) Any person who has been convicted of a felony involving illegal drugs
shall not serve as a qualifying patient's primary caregiver under the act.
(4) The department shall send written notice by certified mail to a
registered qualifying patient or the patient's registered primary caregiver
of any of the following:
(a) An intent to revoke or nullify a registry identification card.
(b) That a primary caregiver no longer qualifies for approval under the
act based on a felony drug conviction.
(5) The notice referenced in subrule (4) of this rule shall include the
right to request a contested case hearing. If the request for hearing is not
filed with the department within 21 days from the date the notice was mailed
by the department, the right to request a contested case hearing shall be
waived.
History: 2009 AACS.
Rule 333.127 Management of medical marihuana.
Rule 27. (1) 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 the act, if the qualifying patient possesses an amount of
marihuana that does not exceed the following:
(a) Two and one-half (2.5) ounces of usable marihuana.
(b) 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.
(c) Any incidental amount of seeds, stalks, and roots.
(2) 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 the act, if the primary
caregiver possesses an amount of marihuana that does not exceed the following:
(a) Two and one-half (2.5) ounces of usable marihuana for each registered
qualifying patient to whom he or she is connected through the department's
registration process.
(b) 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.
(c) Any incidental amount of seeds, stalks, and unusable roots.
(3) An individual may simultaneously be registered as a qualifying patient
and as a primary caregiver.
History: 2009 AACS.
Rule 333.131 Review panel for reviewing petitions for additional medical
conditions or treatments.
Rule 31. (1) The department shall appoint a panel of not more than 15
members to review petitions to add medical conditions or treatments to the
list of debilitating medical conditions under R 333.101 (5). A majority of
the panel members shall be licensed physicians, and the panel shall provide
recommendations to the department regarding whether the petitions should be
approved or denied.
(2) Members of the review panel shall include, but not be limited to, the
Michigan chief medical executive and 7 appointed members of the advisory
committee on pain and symptom management as described in MCL 333.16204a. The
7 review panel members from the advisory committee on pain and symptom
management shall include 4 licensed physicians and 3 non-physicians.
(3) The department shall provide staff support to the review panel to
assist with the scheduling of meetings, conference calls, dissemination of
petition-related materials, and to perform other administrative duties
related to the performance of the panel's review.
(4) A quorum of the review panel shall concur with the recommendation in
order to be considered an official recommendation of the panel. For the
purposes of this subrule, a majority of the members appointed and serving on
the review panel constitutes a quorum.
History: 2009 AACS.
Rule 333.133 Petition to add qualifying diseases or medical conditions;
review panel; recommendations.
Rule 33. (1) The department shall accept a written petition from any
person requesting that a particular medical condition or treatment be
included in the list of debilitating medical conditions under R 333.101.
(2) The department shall submit the written petition to the review panel.
Within 60 days of receipt of the petition, the panel shall make a
recommendation to the department regarding approval or denial of the petition.
(3) Upon receipt of a recommendation from the review panel, the department
shall do all of the following:
(a) Post the panel's recommendations on the department's website for
public comment for a period of 60 days.
(b) Give notice of a public hearing not less than 10 days before the date
of the hearing.
(c) Hold a public hearing within the 60-day time period that the
recommendation from the panel is posted on the department's website.
(4) After a public hearing, the department shall forward comments made
during the hearing to the panel for review. If, based on a review of the
comments, the panel determines that substantive changes should be made to its
initial recommendation, the petition shall be denied, the department shall
provide the petitioner with a copy of the initial recommendation and an
explanation of the substantive changes, and the petitioner may resubmit the
petition to the department at any time. If no changes are made to the
initial recommendation or the changes are minor and do not affect the general
content of the recommendation, the department shall forward the
recommendation to the department director for a final determination on the
petition.
(5) Within 180 days of the date the petition is filed with the department,
the department director shall make a final determination on the petition. The
approval or denial of the petition shall be considered a final department
action subject to judicial review under the act.
(6) If the petition is approved, the department shall create a document
verifying the addition of the new medical condition or treatment to the list
of debilitating medical conditions identified under R 333.101. Until such
time as these rules are amended to officially recognize the medical condition
as a qualifying debilitating medical condition, the department shall develop
a policy that allows the new medical condition to be used as a qualifier for
a registry identification card.