The definite article in § 4(d) refers to the qualifying patient who is asserting § 4
immunity. Because the MMMAs immunity provision contemplates that a registered qualifying
patients medical use of marijuana only occur for the purpose of alleviating his or her own
debilitating medical condition or symptoms associated with that condition, and not another
patients condition or symptoms, § 4 does not authorize a registered qualifying patient to transfer
marijuana to another registered qualifying patient. Similarly, to be eligible for § 4 immunity, a
registered primary caregiver must be engaging in marijuana-related conduct for the purpose of
alleviating the debilitating medical condition, or symptoms associated with the medical
condition, of a registered qualifying patient to whom the caregiver is connected through the
registration process of Michigans Department of Community Health. Thus, § 4 does not offer
immunity to a registered primary caregiver who transfers marijuana to anyone other than a
registered qualifying patient to whom the caregiver is connected through the states registration
process. Defendants business facilitated patient-to-patient sales, but those transfers did not
qualify for § 4 immunity because they encompassed marijuana-related conduct that was not for
the purpose of alleviating the transferors debilitating medical condition or its symptoms.
Because defendants medical use of marijuana did not comply with the immunity provisions of
§§ 4(a), (b), and (d), defendants could not claim that § 4 insulated them from a public nuisance
claim.
3. Section 4(i) of the MMMA, MCL 333.26424(i), permits any person to assist a
registered qualifying patient with using or administering marijuana, but the terms using and
administering are limited to conduct involving the actual ingestion of marijuana. Section 4(i)
did not apply to defendants actions, which involved assisting patients with acquiring and
transferring marijuana.
I'm no lawyer, but the above seems to indicate that as a patient or caregiver you cannot transfer/sell to someone not directly registered to you, but you could potentially charge a "fee" for assisting a patient in the "use" or "ingestion" of marijuana?
