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HB 5757

Medical marihuana: caregivers; marihuana plants; decrease number that can be cultivated, and limit number of caregiver registrations per address. Amends secs. 3, 4 & 6 of 2008 IL 1 (MCL 333.26423 et seq.).

2025-2026 Regular Session Introduced by Joey Andrews and 7 co-sponsors

HB 5757 tightens caregiver cultivation limits and limits caregiver registrations per address while preserving CRA-administered patient protections and card-based access.

bill electronically reproduced 03/18/2026
#medicalmarihuana:caregivers #medicalmarihuana:penaltiesandremedies
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Bill Summary · HB 5757

Summary of HB 5757 (Michigan, 2025-2026 Session)

Note: This summary reflects the text and provisions as presented for HB 5757, a bill amending the Michigan Medical Marihuana Act (2008 IL 1, MCL 333.26423 et seq.), focusing on caregiver restrictions, plant limits, and registration controls.

Purpose and Intent

  • The bill aims to modify the Michigan Medical Marihuana Act by tightening caregiver-associated cultivation limits, and by restricting the number of caregiver registrations per address. It updates definitions and administrative rules related to medical marihuana regulation and the Cannabis Regulatory Agency (CRA).

Key Provisions and Changes

Definitions (Section 3)

  • Consolidates and clarifies terms used in the act, including:
    • Bona fide physician-patient relationship
    • Cannabis regulatory agency (CRA)
    • Debilitating medical condition
    • Enclosed, locked facility
    • Marihuana, marihuana-infused product
    • Primary caregiver and qualifying patient
    • Registry identification card
    • Usable marihuana and marihuana-equivalents
    • Visiting qualifying patient
    • Written certification
  • These definitions align with Michigan’s regulatory framework for medical marijuana and CRA operations.

Protections and Limitations (Section 4)

  • A. Qualifying patients
    • A patient with a registry ID card is protected from arrest or prosecution for medical use if:
    • They possess up to 2.5 ounces of usable marihuana and equivalents, plus incidental seeds, stalks, and unusable roots.
    • They have up to 12 marihuana plants kept in an enclosed, locked facility if they have not designated a caregiver to cultivate.
    • Requires presentation of both a registry ID card and a valid photo ID.
  • B. Primary caregivers
    • A registered primary caregiver is protected when assisting a qualifying patient, with limits:
    • Combined total of 2.5 ounces of usable marihuana and equivalents per qualifying patient they assist.
    • For patients where cultivation is allowed, up to 6 plants per patient (note: the text shows “12 6 marihuana plants” due to formatting; the intended reading appears to be a set plant limit; this should be clarified in final drafting).
    • Incidental seeds, stalks, and roots are excluded from limits.
  • C. Usable equivalency calculations
    • Establishes equivalency benchmarks for converting products to ounces for purposes of the 2.5-ounce limit.
    • 1 ounce = 16 ounces of solid marihuana-infused product
    • 1 ounce = 7 grams of gaseous form
    • 1 ounce = 36 fluid ounces of liquid form
  • D–E. General protections
    • Custody/visitation protections for minors remain, subject to risk considerations.
    • There is a legal presumption that patients or caregivers complying with card possession and quantity are using marihuana medically; rebuttable with contrary evidence.
  • F. Compensation for caregivers
    • Caregivers may be compensated for costs (not treated as illegal sale of controlled substances).
  • G–J. Physician protections and conduct
    • Physicians are shielded from arrest/prosecution for providing written certifications within a bona fide relationship, provided they evaluate properly.
    • Other protections for those assisting with legitimate medical use.
  • K–O. Additional protections, possession, and transfers
    • Restrictions on transfer of infused products between non-patients.
    • Provisions governing seizure, maintaining confidentiality, and presence near medical use.

Administrative Rules and Registry (Section 6)

  • A. Registry identification cards
    • CRA issues cards after verifying written certification, application/renewal fees, residency, physician and caregiver information, and primary caregiver designation (if any).
  • B. Minor eligibility
    • Under-18 applicants require:
    • Physician risk/benefit explanations
    • Written certifications from two physicians
    • Written parental/guardian consent and designation as primary caregiver
  • C. Processing timelines
    • CRA must approve/deny within 15 business days of receipt; denial is a final agency action reviewable in court (Ingham County).
  • D. Caregiver limits and plant possession
    • A qualifying patient can have at most one primary caregiver; one caregiver per address; and a caregiver may assist up to five qualifying patients.
  • E. Card contents and validity
    • Cards issued within 5 business days of approval; expire after 2 years.
    • Cards include patient and caregiver details, issuance/expiration dates, random ID, possible photo, and designation of plant possession rights.
  • F–H. Conditions for card nullification, confidentiality, and disclosure
    • Card voids if physician notifies cessation of condition.
    • Confidentiality provisions for applicant data; limited sharing for verification with law enforcement or tracking database.
    • Unauthorized disclosure penalties (misdemeanor) with limits; CRA staff may be required to report falsified information.
  • I. Reporting and transparency
    • CRA must annually report data (no identifying information) on applications, counties, conditions, revoked cards, and physicians providing certifications.
  • J–K. Contracting and panel provisions
    • CRA may contract with private entities to assist with processing cards, while preserving confidentiality.
    • A panel to review petitions to add conditions to the list of debilitating conditions; majority must be licensed physicians; meetings open under the Open Meetings Act.

Affected Parties

  • Qualifying patients with debilitating medical conditions seeking medical marihuana use.
  • Registered primary caregivers assisting qualifying patients.
  • Physicians issuing written certifications.
  • Michigan residents seeking registry IDs and plant possession rights.
  • CRA (Cannabis Regulatory Agency) administering registry process, enforcement, and reporting.
  • Law enforcement and judiciary, as related to compliance and review of agency actions.
  • Minors seeking under-18 patient access with guardianship requirements.

Procedural and Timeline Aspects

  • Processing timeline: CRA to approve/deny applications within 15 business days.
  • Card validity: 2-year expiry; cards issued within 5 business days of approval.
  • Registration limits: Up to one primary caregiver per patient; caregiver per address limited; caregivers may assist up to five patients.
  • Open Meetings Act compliance for the review panel on adding new medical conditions.
  • Confidentiality and data protection provisions, with specific limits on information sharing for verification.

Notes

  • The summary reflects the text provided; some formatting in the plant-per-patient language appears ambiguous (e.g., “12 6 marihuana plants”). The intended reading should be clarified in final statutory drafting to avoid ambiguity.
  • This bill would represent a tightening of caregiver-related cultivation limits and address-per-address caregiver registrations, alongside reaffirming CRA-administered processes.

Compiled from official sources — confirm details with the bill’s official record.

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