Michigan Laws 333.26427 – Scope of act; limitations; application of certain provisions of the revised judicature act of 1961
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Terms Used In Michigan Laws 333.26427
- Arrest: Taking physical custody of a person by lawful authority.
- Debilitating medical condition: means 1 or more of the following:
(1) 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. See Michigan Laws 333.26423Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Marihuana: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 333.26423 Marihuana plant: means any plant of the species Cannabis sativa L. See Michigan Laws 333.26423 Medical use of marihuana: means the acquisition, possession, cultivation, manufacture, extraction, use, internal possession, delivery, transfer, or transportation of marihuana, marihuana-infused products, 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. See Michigan Laws 333.26423 Plant: means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material. See Michigan Laws 333.26423 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
7. Scope of Act.
Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it complies with this act.
(b) This act does not authorize a person to do any of the following:
(1) Undertake any task under the influence of marihuana, if doing so would constitute negligence or professional malpractice.
(2) Possess marihuana, or engage in the medical use of marihuana, at any of the following locations:
(A) In a school bus.
(B) On the grounds of any preschool or primary or secondary school.
(C) In any correctional facility.
(3) Smoke marihuana at any of the following locations:
(A) On any form of public transportation.
(B) In any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana.
(5) Use marihuana if that person does not have a serious or debilitating medical condition.
(6) Separate plant resin from a marihuana plant by butane extraction in any of the following:
(A) A public place.
(B) A motor vehicle.
(C) Inside or within the curtilage of any residential structure.
(7) Separate plant resin from a marihuana plant by butane extraction in a manner that demonstrates a failure to exercise reasonable care or reckless disregard for the safety of others.
(c) Nothing in this act requires any of the following:
(1) A government medical assistance program or commercial or nonprofit health insurer to reimburse a person for costs associated with the medical use of marihuana.
(2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.
(3) A private property owner to lease residential property to any person who smokes or cultivates marihuana on the premises, if the prohibition against smoking or cultivating marihuana is in the written lease.
(d) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marihuana to avoid arrest or prosecution is punishable by a fine of $500.00, in addition to any other penalties that may apply for making a false statement or for the use of marihuana other than use that complies with this act.
(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act. However, if this act is inconsistent with any part of chapter 10a, 10b, 10c, or 12 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088, 600.1090 to 600.1099a, 600.1099b to 600.1099m, and 600.1200 to 600.1212, that part applies.