of every 100 marihuana arrests in the United States are made under state law,rather than under federal law. Consequently, changing state law will have thepractical effect of protecting from arrest the vast majority of seriously ill peoplewho have a medical need to use marihuana.(c) Although federal law currently prohibits any use of marihuana exceptunder very limited circumstances, states are not required to enforce federal law orprosecute people for engaging in activities prohibited by federal law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico,Oregon, Vermont, Rhode Island, and Washington do not penalize the medical useand cultivation of marihuana. Michigan joins in this effort for the health andwelfare of its citizens.
Sec. 3. As used in this act:(a) "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.(2) A chronic or debilitating disease or medical condition or its treatmentthat produces 1 or more of the following: cachexia or wasting syndrome; severeand chronic pain; severe nausea; seizures, including but not limited to thosecharacteristic of epilepsy; or severe and persistent muscle spasms, including butnot limited to those characteristic of multiple sclerosis.(3) Any other medical condition or its treatment approved by thedepartment, as provided for in section 5(a).(b) "Department" means the state department of community health.(c) "Enclosed, locked facility" means a closet, room, or other enclosed areaequipped with locks or other security devices that permit access only by aregistered primary caregiver or registered qualifying patient.(d) "Marihuana" means that term as defined in section 7106 of the publichealth code, 1978 PA 368, MCL 333.7106.