DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
BUREAU OF MARIJUANA REGULATION  
MICHIGAN MEDICAL MARIHUANA  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 5 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26425,  
and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, and 2011-4, MCL  
330.3101, 445.2001, 445.2011, and 445.2030)  
R 333.101 Definitions.  
Rule 1. As used in these rules:  
(1) "Act" means the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421  
to 333.26430.  
(2) "Applicant" means a qualifying patient applying for a medical marihuana  
registry identification card on a form provided by the department.  
(3) "Conviction" or "convicted" means a criminal conviction of an offense by a  
guilty verdict from a judge or jury, plea of guilty, or plea of no contest.  
(4) “Department” means the department of licensing and regulatory affairs.  
(5) “Legal name” means a qualifying patient or primary caregiver’s name as it  
appears on a valid, lawfully obtained Michigan driver license issued under the Michigan  
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal  
identification card issued under 1972 PA 222, MCL 28.291 to 28.300, or a voter  
registration card issued under the Michigan election law, 1954 PA 116, MCL 168.1 to  
168.992.  
(6) "Parent or legal guardian" means the custodial parent or legal guardian with  
responsibility for health care decisions for a qualifying patient who is under 18 years of  
age.  
(7) “Petition" means a written request for the department to add new medical  
conditions or treatments to the list of debilitating medical conditions under section 3(b) of  
the act, MCL 333.26423.  
(8) Terms defined in the act have the same meanings when used in these rules.  
History: 2009 AACS; 2013 AACS; 2015 AACS; 2019 AACS.  
R 333.103 New registration application; qualifying patient and primary  
caregiver.  
Rule 3. (1) A qualifying patient shall apply for a registry identification card in a  
manner prescribed by the department, which may include an online application. An  
applicant for a registry card shall submit the required fee and all of the following:  
(a) An original completed application that is signed by the qualifying patient and  
dated within 6 months of the date the application is received. The original completed  
application must include all of the following information:  
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(i) The legal name, mailing address, and date of birth of the qualifying patient. The  
address for the qualifying patient must be a physical address located in this state. A  
qualifying patient who is homeless is not required to provide a physical address, but he or  
she shall provide a mailing address where the department can send correspondence  
regarding the patient’s registry status.  
(ii) The physician’s name as it appears on his or her Michigan physician’s license,  
mailing address, and telephone number of the qualifying patient's physician who  
provided the written certification.  
(iii) The legal name, mailing address, and date of birth of the patient's primary  
caregiver, if applicable. A qualifying patient may designate 1 primary caregiver to assist  
with his or her medical use of marihuana.  
(iv) A designation of whether the qualifying patient or the patient's primary  
caregiver, if applicable, will be allowed to possess marihuana plants for the qualifying  
patient's medical use.  
(v) An attestation by the primary caregiver named on the application that he or she  
agrees to serve as the patient's primary caregiver. The attestation must be signed by the  
primary caregiver and dated within 6 months of the date the application is received. The  
attestation must authorize the department to use the information provided on the  
application or as part of the attestation to secure the primary caregiver’s criminal  
conviction history and determine if he or she has been convicted of any of the offenses  
provided under section 3(k) of the act, MCL 333.26423.  
(vi) The department may require the attestation required under paragraph (v) of this  
subdivision to be submitted as part of the supporting documents and information required  
under subdivision (b) of this subrule.  
(b) The supporting documents and information required under section 6 of the act,  
MCL 333.26426, which must include all of the following:  
(i) Proof of the patient’s Michigan residency. For the purposes of this paragraph, an  
applicant shall be considered to have proved legal residency in this state if he or she  
provides the department with either of the following:  
(A) A copy of a valid, lawfully obtained Michigan driver license issued under the  
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal  
identification card issued under 1972 PA 222, MCL 28.291 to 28.300. The department  
may waive this requirement if the department is able to verify the applicant’s Michigan  
driver license or personal identification card online through the department of state.  
(B) A copy of a valid Michigan voter registration. A patient who submits a copy of  
a valid Michigan voter registration shall also submit a copy of a government-issued  
document that includes the patient’s name and date of birth for verification purposes, as  
required in section 6(c) of the act, MCL 333.26426.  
(ii) A written certification, as defined in section 3(q) of the act, MCL 333.26423,  
signed by a licensed physician in the course of a bona fide physician- patient relationship  
as defined in section 3(a) of the act, MCL 333.26423, and dated within 6 months of the  
date the application is received. If the qualifying patient is under the age of 18, written  
certifications from 2 physicians are required. The physician shall include the legal name  
and date of birth of the qualifying patient, the physician’s name as it appears on his or her  
physician’s license, physician’s license number, mailing address, and telephone number  
on the written certification.  
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(iii) If the qualifying patient is under the age of 18, a declaration of person  
responsible form.  
(2) The department may allow an application, written certification, and any other  
required supporting documentation or information to be submitted online in a manner  
prescribed by the department. An online application process that meets the requirements  
of the act meets the requirements of this rule. For security purposes, the department may  
require a written certification and any other required supporting documentation or  
information to be submitted online.  
(3) The department may require a photograph as a design element for an official  
state registry identification card as provided in section 6(e)(5) of the act, MCL  
333.26426, if the secretary of state forwards to the department the image of an applicant  
for an official state registry identification card.  
History: 2009 AACS; 2013 AACS; 2015 AACS; 2019 AACS.  
R 333.105 Declaration of person responsible form.  
Rule 5. A declaration of person responsible form is required for any qualifying  
patient who is under the age of 18. The form must include all of the following:  
(a) A statement that the qualifying patient's physicians have explained to the  
patient and the patient's parent or legal guardian the potential risks and benefits of the  
medical use of marihuana.  
(b) Written consent of the qualifying patient's parent or legal guardian to allow the  
qualifying patient's medical use of marihuana.  
(c) Written consent of the qualifying patient's parent or legal guardian to serve as  
the patient's primary caregiver and to control the acquisition, dosage, and frequency of  
use of the marihuana by the patient.  
(d) The qualifying patient’s parent or legal guardian shall provide proof of  
parentage or legal guardianship by submitting a copy of documentation issued by a  
governmental entity or certified letters of guardianship from a court.  
History: 2009 AACS; 2013 AACS; 2015 AACS; 2019 AACS.  
R 333.107 Rescinded.  
History: 2009 AACS; 2015 AACS.  
R 333.109 Verification of information.  
Rule 9. The department shall verify the information contained in an application and  
the accompanying documentation, which may include, but is not limited to, the  
following:  
(a) Contacting an applicant or primary caregiver by telephone, mail, or electronic  
communication. If proof of identity cannot be determined with reasonable reliability, the  
department may require the production of additional identification materials.  
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(b) Contacting the parent or legal guardian of a qualifying patient who is under the  
age of 18 by telephone, mail, or electronic communication.  
(c) Verifying that a physician is licensed to practice in this state.  
(d) Contacting the certifying physician directly by telephone, mail, or electronic  
communication to confirm the validity of the written certification. The department may  
use an online certification process to fulfill the verification requirement in section 6(c) of  
the act, MCL 333.26426.  
History: 2009 AACS; 2015 AACS; 2019 AACS.  
R 333.111 Fees; patient refunds.  
Rule 11. (1) A qualifying patient shall pay a $40.00 fee for a new or renewal  
application.  
(2) The application of a qualifying patient who fails to submit the required $40.00  
fee is considered incomplete and shall be denied.  
(3) The department may require a registered qualifying patient or registered  
caregiver to pay a $10.00 fee for a replacement card.  
(4) A registered qualifying patient or primary caregiver is not eligible for a refund  
if any of the following occurs:  
(a) The qualifying patient’s application is denied or the qualifying patient  
withdraws from the registry program.  
(b) The department has processed the application and issued a registry card to the  
patient or primary caregiver.  
(c) The department determines the primary caregiver listed on the application or  
change form is ineligible.  
History: 2009 AACS; 2015 AACS; 2019 AACS.  
R 333.113 Registration approval; denial.  
Rule 13. (1) Pursuant to section 6(c) of the act, MCL 333.26426, the department  
shall approve or deny an application within 15 business days of receiving the original  
complete application, required fee, and required supporting documentation and  
information.  
(2) If an application is approved, within 5 business days of approving the  
application, the department shall issue a registry identification card to the registered  
qualifying patient and the registered primary caregiver, if applicable. For the purpose of  
this subrule, “issue” means the department has printed the registry identification card and  
mailed it to the qualifying patient and registered primary caregiver, if applicable.  
(3) The department may issue a registry card that includes a photograph of the  
patient or caregiver.  
(4) If an application is denied, within 5 business days of denying the application,  
the department shall mail the applicant a denial letter or send an email notification that  
states the reasons for denial. The department shall deny an application for any of the  
following reasons:  
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(a) The qualifying patient submitted an incomplete application or incomplete  
supporting documents or information.  
(b) The qualifying patient did not submit the required fee.  
(c) The department determines that any information provided by the qualifying  
patient, primary caregiver, or physician was falsified, fraudulent, incomplete, or cannot  
be verified.  
(d) The qualifying patient designates a primary caregiver on the application and the  
department determines the primary caregiver is ineligible.  
(e) The qualifying patient, primary caregiver, or physician, as applicable, failed to  
sign and date the application, caregiver attestation, or written certification.  
(f) The department was unable to verify the information provided.  
(5) A qualifying patient whose application is denied may reapply at any time by  
submitting a new application and the supporting documents and information as specified  
in R 333.103. Any fee that a patient submits with an application that is denied is valid for  
6 months from the date the department received the fee and may be used by the patient to  
reapply.  
History: 2009 AACS; 2013 AACS; 2015 AACS; 2019 AACS.  
Rule 333.115 Rescinded.  
History: 2009 AACS; 2019 AACS.  
R 333.117 Biennial renewal; expiration of registry identification card; fee.  
Rule 17. (1) Pursuant to section 6 (e) of the act, MCL 333.26426, a registry  
identification card must be renewed on a biennial basis to maintain active status as a  
registered qualifying patient or a registered primary caregiver.  
(2) A registry identification card is valid for a period of 2 years.  
(3) An applicant for renewal of a registry identification card shall submit an  
application and the required supporting documents and information as provided in R  
333.103 and R 333.105, as applicable.  
(4) If an applicant fails to comply with subrules (1) and (3) of this rule by the  
expiration date on the registry identification card, the registry identification card is null  
and void and of no further effect. The applicant may submit a new application to the  
department.  
(5) An applicant may submit a renewal application up to 90 days before the  
expiration date on the registry identification card. A registry card is not renewed unless  
the department approves the renewal application prior to the expiration date of the  
registry card.  
(6) The department shall verify the renewal application information in the same  
manner as specified in R 333.109.  
History: 2009 AACS; 2013 AACS; 2015 AACS; 2019 AACS.  
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R 333.119 Changes in status; notifications; requirements.  
Rule 19. (1) After a registry card is issued, a registered qualifying patient, registered  
primary caregiver, or the registered qualifying patient's parent or legal guardian, as  
applicable, may submit a change form to the department to do any of the following:  
(a) Change the registered qualifying patient's name. Proof of change of name must  
be satisfied by submitting the documents required to prove residency as specified in R  
333.103 or documents specified in subrule (2)(a) of this rule.  
(b) Change the registered qualifying patient's address.  
(c) Change the individual designated as registered qualifying patient's primary  
caregiver, including removing or replacing the current registered primary caregiver.  
(d) Change the registered qualifying patient's legal guardian. Proof of change of  
legal guardian must be satisfied by submitting documentation consistent with R  
333.105(d).  
(e) If the registered qualifying patient is an adult, change the individual designated  
to be in possession of the plants.  
(2) A registered primary caregiver may submit a change form to the department to  
do any of the following:  
(a) Change the registered primary caregiver's name. Proof of name change must be  
established by submitting a true copy of an official record, a certified marriage license,  
divorce decree, or a legal name change document. A true copy is an exact copy of a  
document with no alterations or changes.  
(b) Change the registered primary caregiver's address.  
(c) Terminate the registered primary caregiver’s status as a patient’s primary  
caregiver.  
(3) Any changes made under subrule (1) or subrule (2) of this rule do not take  
effect until the department has verified and processed the requested change or changes.  
Receipt of the new registry card or cards is notification that the changes have taken  
effect.  
(4) If a registered qualifying patient removes or replaces a registered primary  
caregiver under subrule (1)(c) of this rule, the department shall notify the initial primary  
caregiver by mail at the address of record that the caregiver's registry identification card  
is null and void and of no effect.  
(5) If a registered qualifying patient's certifying physician notifies the department  
in writing that the patient has ceased to suffer from a debilitating medical condition, the  
department shall notify the patient within 20 business days of receipt of the written  
notification that the patient's registry identification card is null and void and of no effect.  
The registry card becomes null and void upon notification by the department to the  
patient.  
(6) Any notifications the department makes under subrules (4) and (5) of this rule  
are subject to the confidentiality provisions in section 6(h) of the act, MCL 333.26426.  
History: 2009 AACS; 2015 AACS; 2019 AACS.  
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R 333.121 Rescinded.  
History: 2009 AACS; 2013 AACS; 2015 AACS.  
R 333.123 Complaints.  
Rule 23. The department shall refer criminal complaints against a registered  
qualifying patient or registered primary caregiver to the appropriate state or local  
authorities. This includes instructing the individual making the complaint to contact the  
appropriate state or local law enforcement authorities.  
History: 2009 AACS; 2015 AACS.  
R 333.125 Revocation; nullification; notification.  
Rule 25. (1) A registry identification card that is later determined to be based on  
fraudulent information is null and void and of no effect.  
(2) The department shall send written notice to a registered qualifying patient or the  
patient's registered primary caregiver of intent to revoke or nullify a registry card or  
cards. This subrule does not apply if a patient has requested the nullification of his or her  
caregiver’s registry card or a registry card was issued by the department due to an  
administrative error.  
(3) The department shall send a final written notice to a registered qualifying patient  
or the patient’s registered primary caregiver when a registry card or cards is revoked or  
nullified.  
(4) The notice described in subrule (2) of this rule shall include the right to request a  
contested case hearing. If the request for hearing is not filed with the department within  
21 days from the date the notice was mailed by the department, the right to request a  
contested case hearing shall be waived.  
History: 2009 AACS; 2013 AACS; 2015 AACS.  
R 333.126 Withdrawal.  
Rule 26. (1) A registered qualifying patient or registered primary caregiver may  
voluntarily withdraw from the Michigan medical marihuana program in a manner  
prescribed by the department.  
(2) Upon receiving confirmation from the department that his or her withdrawal  
has been processed, the registered qualifying patient or registered primary caregiver shall  
destroy the registry identification card.  
(3) A registered qualifying patient or registered primary caregiver’s withdrawal  
from the Michigan medical marihuana program shall not result in the destruction of any  
confidential records the department is required to maintain under section 6(h) of the act,  
MCL 333.26426.  
History: 2015 AACS; 2019 AACS.  
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R 333.127 Rescinded.  
History: 2009 AACS; 2013 AACS; 2015 AACS.  
R 333.131 Panel for reviewing petitions for additional medical conditions or  
treatments; terms.  
Rule 31. (1) The department shall appoint a panel to review petitions to add medical  
conditions or treatments to the list of debilitating medical conditions under section 3(b) of  
the act, MCL 333.26423. The department shall appoint an odd number of members to the  
panel, which must not exceed 15 total members. The panel shall meet at least twice each  
year and shall review and make a recommendation to the department concerning any  
petitions that have been submitted that meet the requirements of R 333.133(1).  
(2) A majority of the panel members shall be licensed physicians, and the panel  
shall provide recommendations to the department regarding whether the petitions should  
be approved or denied.  
(3) The members of the panel shall be appointed for a term of 4 years. A member  
of the panel shall not serve more than 2 terms and 1 partial term, consecutive or  
otherwise. However, a panel member serving on the effective date of this rule may  
complete the term to which the member was appointed.  
(4) The department shall provide staff support to the panel to assist with the  
scheduling of meetings, conference calls, dissemination of petition-related materials, and  
to perform other administrative duties related to the performance of the panel's review.  
(5) A majority of the panel of those who are present at each meeting must concur  
with the recommendation to be considered an official recommendation of the panel.  
History: 2009 AACS; 2015 AACS; 2019 AACS.  
R 333.133 Petition to add qualifying diseases or medical conditions; review  
panel; recommendations.  
Rule 33. (1) The department shall accept a written petition on a form prescribed by  
the department from any person requesting that a particular medical condition or  
treatment be included in the list of debilitating medical conditions under section 3(b) of  
the act, MCL 333.26423. The petition must include current medical, empirical, and  
evidence-based data, including both of the following:  
(a) A summary of the evidence that the use of marihuana will provide palliative or  
therapeutic benefit for the medical condition or a treatment of the medical condition.  
(b) Articles published in peer-reviewed scientific journals reporting the results of  
research on the effects of marihuana on the medical condition or treatment of the medical  
condition and supporting why the medical condition should be added to the list of  
debilitating medical conditions under section 3(b) of the act, MCL 333.26423(b).  
(2) If the petition does not contain current medical, empirical, and evidence-based  
data as described in subrule (1) of this rule that is specific to the proposed medical  
condition or treatment, the department shall return the petition to the petitioner as  
incomplete.  
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(3) Upon receipt of a petition that meets the requirements in subrule (1) of this rule,  
the department shall do all of the following:  
(a) Transmit the petition to the panel for review.  
(b) Give notice of a public hearing not less than 10 days before the date of the  
hearing.  
(c) Accept comments on the petition for a period of 5 business days beginning on  
the date of the public hearing.  
(4) After a public hearing, the department shall forward the petition and any public  
comments that were received during and after the hearing to the panel for discussion and  
to vote on a recommendation to the department director.  
(5) Within 180 days of the date the petition is filed with the department, the  
department director shall make a final determination on the petition. The approval or  
denial of the petition is a final department action subject to judicial review under the act.  
(6) If the petition is approved, the department shall create a document verifying the  
addition of the new medical condition or treatment to the list of debilitating medical  
conditions identified under section 3(b) of the act, MCL 333.26423. Until these rules are  
amended to officially recognize the medical condition as a qualifying debilitating medical  
condition, the department shall develop a policy that allows the new medical condition to  
be used as a qualifier for a registry identification card.  
History: 2009 AACS; 2015 AACS; 2019 AACS.  
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;