Medical Marihuana in Michigan - What Health Care Providers Should Know
Since November 4, 2008, when voters in Michigan approved the new Michigan Medical Marihuana Act (the "MMMA"), many of our clients have been wondering what the implications of the MMMA are for them. What follows is a summary for health care providers of what they should understand about the MMMA.
Quick facts for health care providers about the MMMA:
1. Qualified patients are allowed to use up to 2.5 grams of medical marihuana to treat certain debilitating and chronic diseases, including but not limited to cancer, glaucoma, HIV, AIDS, hepatitis C, and Crohn’s disease, without risk of prosecution. Patients are also allowed to cultivate up to 12 marihuana plants for their use.
2. To obtain a registry identification card, patients and their caregivers (if the patient requires assistance with using medical marihuana) must provide the Michigan Department of Community Health with a signed written certification from a physician identifying the patient’s debilitating 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.
3. Physicians are protected from prosecution, penalty or disciplinary action by a licensing board solely for providing written certification in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the qualifying patient's medical history. However, physicians can still be sanctioned by a professional licensing board for failing to properly evaluate a patient's medical condition or otherwise violating the standard of care for evaluating medical conditions. Currently, there is no requirement that physicians notify the Michigan Department of Community Health when a patient ceases to qualify for the program. Individuals who provide a registered qualifying patient or registered caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana are also protected.
4. Qualifying patients are prohibited from:
- undertaking a task while under the influence of marihuana, when doing so would constitute negligence or professional malpractice;
- possessing or using marihuana in a school bus or on the grounds of any preschool, primary or secondary school;
- smoking marihuana in a public place or on any form of public transportation; or
- operating or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.
5. Patients under 18 years old must get written certification from two physicians.
6. Registration is only good for one year, so physicians will be required to re-evaluate a qualifying patient every year.
Unfortunately, the MMMA is silent on many issues such as physician involvement in the procurement of medical marihuana, prescriptions for medical marihuana, or what constitutes "under the influence" for malpractice and negligence purposes. Many other questions exist regarding how providers, in their role as employers who maintain drug-free workplace policies, will navigate the new law. At this point, providers can only wait and see if the rules and regulations provide any clarification on these or a host of other unaddressed topics relating to the medical use of marihuana.
