For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP. A treatment or counseling relationship between a physician and patient in which all of the following are present:
(1) The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient;
(2) The physician has created and maintained records of the patient’s condition in accord with medically accepted standards;
(3) The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marijuana as a treatment of the patient’s debilitating medical condition; and
(4) If the patient has given permission, the physician has notified the patient’s primary care physician of the patient’s debilitating medical condition and certification for the use of medical marijuana to treat that condition.
CITY. The City of Linden, Michigan.
DEBILITATING MEDICAL CONDITION. One 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;
(2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including, but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasm including, but not limited to, those characteristic of multiple sclerosis; and/or
(3) Any other medical condition or its treatment approved by the Department, as provided for in § 6(k) of the State Medical Marijuana Act, M.C.L.A. § 333.26426.
DEPARTMENT. The Department of Licensing and Regulatory Affairs.
ENCLOSED, LOCKED FACILITY. A closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marijuana plants grown outdoors are considered to be in an ENCLOSED, LOCKED FACILITY if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the Departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marijuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. ENCLOSED, LOCKED FACILITY includes a motor vehicle if both of the following conditions are met:
(1) The vehicle is being used temporarily to transport living marijuana plants from one location to another with the intent to permanently retain those plants at the second location; and
(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marijuana plants belong or the individual designated through the Departmental registration process as the primary caregiver for the registered qualifying patient.
MARIJUANA. The term as defined in § 7106 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.7106.
MEDICAL USE. The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.
PHYSICIAN. An individual licensed as a physician under part 170 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.17001 through 333.17084, or an osteopathic physician under part 175 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.17501 through 333.17556.
PREMISES. A tract of land including its buildings.
PRIMARY CAREGIVER or CAREGIVER. A person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marijuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in § 9a of chapter X of the Code of Criminal Procedure, Public Act 175 of 1927, being M.C.L.A. § 770.9a.
QUALIFYING PATIENT or PATIENT. A person who has been diagnosed by a physician as having a debilitating medical condition.
REGISTRY IDENTIFICATION CARD. A document issued by the Department that identifies a person as a registered qualifying patient or registered primary caregiver.
USABLE MARIJUANA. The dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.
VISITING QUALIFYING PATIENT. A patient who is not a resident of this state or who has been a resident of this state for less than 30 days.
WRITTEN CERTIFICATION. A document signed by a physician, stating all of the following:
(1) The patient’s debilitating medical condition;
(2) The physician has completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation; and
(3) In the physician’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.
(2011 Code, § 9.34.010) (Ord. 373, passed 8-8-2015)