Michigan

Navigating Michigan State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult use retailers to find out where to purchase regulated cannabis in Michigan. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in Michigan, for adults 21 and older. Twelve plants per household. Caregivers who attend to up to five patients can grow a maximum of 60 plants, totaling twelve per patient.

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Background on State Laws

Cannabis is legal to all adults over 21 in Michigan. Michigan’s Medical Marijuana Act, passed in 2018, allows any adult to cultivate up to six plants at home, 12 plants in a household of two or more adults. Adults may possess up to 2.5 ounces while patients may possess up to 10. Patients who are certified by their doctor and registered with the Department of Licensing and Regulatory Affairs (LARA) are not subject to arrest or prosecution and are protected from civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau. Due to the popularity of Michigan’s adult-use program and an inadequate supply chain, patients face limited product availability continuing as a rule allowing medical caregivers to provide products to dispensaries sundowns. Michigan offers the same protections to out of state patients, however does not allow for visiting patients to shop at in state dispensaries as patients. Details on how these laws apply to patients and medical professionals can be found below.

In 2020, House Bill 4982 was signed allowing the courts to set aside certain cannabis misdemeanors that were decriminalized. House Bill 5120 allows anyone to appeal if the courts choose not to have their records set aside. For more information refer to HB 4982 and the Michigan Department of Attorney General.

Here is a breakdown of how Michigan fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Michigan can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	80/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 10/10 Employment Protections 0/20 Explicit Privacy Standards 5/5
Access to Medicine	85/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 20/30 Reciprocity 20/20
Program Functionality	93/100
Legal Protections Within Reasonable Time Frame 20/20 Reasonable Possession Limits 8/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	50/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	59/100
State Program Protections 25/25 Housing Protections 10/25 Access for Minors 5/10 Access in Underserved Areas 5/10 List of Qualifying Conditions is Exhaustive or All Inclusive 7/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 5/5 Ownership or Employment Restrictions 2/5
Consumer Protection and Product Safety	123/200
Cultivation Operations 23/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 2/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 1/2 Required Testing 7/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 35/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 2/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 9/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 1/1 - Water Activity 1/1 Packaging and Labeling 4/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 1/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 29/50 Staff Training 20/20 Standard Operating Procedures 2/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 2/13 Laboratory Operations 36/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 4/5 Staff Training 10/20 Standard Operating Procedures 4/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 4/4
Score Penalties	0/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.