The story and evolution of Michigan’s medical cannabis history
Five years ago, the Michigan Medical Marihuana Act (MMMA) passed. The people were ready, plain and simple. Since then, there have been numerous legislative changes and, we’re sure, many more to come. Take a moment to think on how we got to this point in our ongoing struggle for cannabis rights.
Nov. 4, 2008
The MMMA Passes
Proposal 1 passes with 63 percent of the vote, making Michigan the 13th state to legalize medical cannabis. The law allows Michigan residents with qualifying medical conditions to apply for an ID card through a state registry. Qualified patients may possess up to 2.5 ounces of usable plant material and up to 12 plants kept in an enclosed, locked facility. Registered caregivers may possess the same amounts for each patient under his/her care.
June 2009
Patient Applications Roll In, Overwhelming the State
The Department of Community Health, the arm of Michigan’s state government charged with managing the Medical Marihuana Program, approves 1,902 medical marijuana applications in the first two months of the act’s implementation in April 2009.
December 2009
Cities Begin Banning The Act
The city of Livonia is the first to pass an outright ban on MMJ by amending its zoning ordinance to provide that “uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited.” Birmingham and Bloomfield Hills, all located in Oakland County, follow suit.
September 2010
The Strategy To Undo The Act is Unveiled
Grand Rapids City Attorney Catherine Mish encourages city officials and others to join a lawsuit challenging the legality of the MMMA. She also recommends that municipalities adopt moratoriums on the establishment of new land uses, pursue “appropriate enforcement of existing criminal laws” to prosecute those who decide to grow, posses and distribute cannabis and challenge the law up until it reaches the Michigan Supreme Court.
December 2010
ACLU Sues Cities That Have Enacted Bans
The ACLU of Michigan sues the cities that adopt MMJ bans. Six days later, the Grand Rapids suburb of Wyoming bans medical cannabis.
January 2011
Attorney General Gives DEA Confidential Records
In a precedent-setting move, Attorney General Bill Schuette releases the confidential records of seven registered caregivers to the DEA. The DEA raids and prosecutes these caregivers.
February 2011
Federal Judge Rules MMJ Patients can be Fired from Jobs.
Joseph Casias—who suffers from inoperable brain and sinus cancer—was fired from his job at a Battle Creek Walmart after testing positive for cannabis. Casias was the store’s Associate of the Year in 2008.
August 2011
Court of Appeals gets Compassionate Apothecary Shut
The Michigan Court of Appeals rules in the McQueen case that a Mount Pleasant dispensary is a public nuisance and can be shut down. Raids across the state follow. Later, the Michigan Supreme Court rules that Wyoming’s ban “is void and unenforceable.”
April 2012
Zero Tolerance Upheld
The Court of Appeals upholds the Kuhn ruling, which makes it illegal for anyone to operate a motor vehicle with any amount of cannabis in their system, even if they are patients.
May 2012
Medical Defense is A-OK
The Michigan Supreme Court rules that a doctor’s diagnosis can be used as a defense for someone charged with possessing cannabis without an MMJ card.
December 2012
The MMMA is Amended
A package of bills amending the MMMA require a patient ID card to have a photo ID, extends the registry ID cards to two years rather than one, defines a doctor-patient relationship, requires that MMJ be transported in car trunks and creates penalties for selling cannabis in violation of the act.
February 2013
State’s Highest Court: Rising to the Challenge
The long awaited 4-1 McQueen decision arrives, prompting our community to react and respond. Thanks to Republican lawmaker Bill Callton, efforts are being made—the proposed HB 4271—to usher in a new age to provide much needed medicine.