Michigan Compiled Laws

Mich. Comp. Laws § 333.26425 (2026)

Rules.

✓ current as of July 2026

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MICHIGAN MEDICAL MARIHUANA ACT

Initiated Law 1 of 2008

333.26425 Rules.

5. Department to Promulgate Rules.

Sec. 5. (a) Not later than 120 days after the effective date of this act, the department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in which the department shall consider the addition of medical conditions or treatments to the list of debilitating medical conditions set forth in section 3(a) of this act. In promulgating rules, the department shall allow for petition by the public to include additional medical conditions and treatments. In considering such petitions, the department shall include public notice of, and an opportunity to comment in a public hearing upon, such petitions. The department shall, after hearing, approve or deny such petitions within 180 days of the submission of the petition. The approval or denial of such a petition shall be considered a final department action, subject to judicial review pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Jurisdiction and venue for judicial review are vested in the circuit court for the county of Ingham.

(b) Not later than 120 days after the effective date of this act, the department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in which it shall consider applications for and renewals of registry identification cards for qualifying patients and primary caregivers. The department's rules shall establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this act. The department may establish a sliding scale of application and renewal fees based upon a qualifying patient's family income. The department may accept gifts, grants, and other donations from private sources in order to reduce the application and renewal fees.

History: 2008, Initiated Law 1, Eff. Dec. 4, 2008

Compiler's Notes:

MCL 333.26430 of Initiated Law 1 of 2008 provides:

10. Severability.

Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.

For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.

For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.

Notes of Decisions

Cited in 4 cases, 2010–2012 · leading case: People v. Redden, 290 Mich. App. 65 (Mich. Ct. App. 2010).

Sort: Relevance Newest Treatment

People v. Redden, 290 Mich. App. 65 (Mich. Ct. App. 2010). · cites it 3× “(3) Any other medical condition or its treatment approved by the department, as provided for in [MCL 333.26425(a)]. [MCL 333.26423(a).] Section 3 does not define the phrase “serious medical condition.”

People v. Kolanek; People v. King, 491 Mich. 382 (Mich. 2012). “(3) Any other medical condition or its treatment approved by the [Department of Community Health], as provided for in [MCL 333.26425(a)], [MCL 333.26423(a).] 27 “Registry identification card” is defined as “a document issued by the [Department of Community Health] that…”

People v. Campbell, 798 N.W.2d 514 (Mich. Ct. App. 2010). “The sections of the MMA that defendant relies on to support this position, specifically MCL 333.26425 and MCL 333.26429, do not relate to whether the affirmative-defense provision should be retroactively or prospectively applied.”

People v. Anderson, 809 N.W.2d 176 (Mich. Ct. App. 2011). “The statutory provisions dealing with the registration of patients and the administrative rules governing the registration of patients are found at MCL 333.26425 and MCL 333.26426. Although the Court in Redden stated that a registered patient could assert a defense under § 4,…”

— Mich. Comp. Laws § 333.26425(a) — 2 cases

People v. Redden, 290 Mich. App. 65 (Mich. Ct. App. 2010). “(3) Any other medical condition or its treatment approved by the department, as provided for in [MCL 333.26425(a)]. [MCL 333.26423(a).] Section 3 does not define the phrase “serious medical condition.”

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