The Michigan Medical Marijuana Act: The First 24-Months

This article chronicles the implementation of the Michigan Medical Marijuana (Green Wellnes) Act, passed via referendum in the 2008 general election. As expected, once applied to our human tapestry, the MMA has been subjected to some already-classic judicial interpretations, with a strong promise of more to come.

The Michigan Legislature passed the MMA on December 4, 2008, making Michigan the 13th state to allow the cultivation and possession of marijuana for medical purposes. The Act cited a series of findings related to the beneficial uses of marijuana in treating nausea, pain and other effects from a variety of debilitating medical conditions. The Act also notes that according to the FBI, 99% of all marijuana possession arrests nationwide are done pursuant to state, rather than federal law. It is important to note that possession of the drug remains illegal under federal law.

The MMA defines a "debilitating medical condition" as cancer, glaucoma, HIV, hepatitis C, and other diseases along with other chronic afflictions which cause pain and nausea. A "primary caregiver" is defined as, "a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs." A "qualifying patient" is "a person who has been diagnosed by a physician as having a debilitating medical condition." More about on greenwellness.org