MI AG Recommended Changes to the MMMA

8/3/2019 MI AG Recommended Changes to the MMMA

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Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana LawSec. 1. This act shall be know n and m ay be cited as the

Sec. 2. The people of the State of M ichigan find anddeclare that:(a ) Moder n medical research, including as found by theNational Academy of Sciences' Institute of M edicinein a March 1999 report, has discovered someevidence of beneficial uses for naturally occurringcannabinoids contained in marihuan a in alleviatingthe pain, nausea, and other symptoms associatedwith a variety of debilitating medical conditions.(b) This act is intended to protect from arrest understate law the vast ma jority of people engaged in them edical use of marihuana in order to a lleviatesym ptom s caused by a debilitating m edicalcondition.(c ) Federal law currently prohibits any use of marihuanaexcept under very limited circumstances involvingapproved research program s. Michigan citizenswho engage in the m edical use of m arihuana puttheir liberty and property at risk of penaltyunder federal law. The federal governm entm aintains its authority over trafficking ofcontrolled substances and does not recognize adefense for medical use. The state laws of Alaska,Arizona, California, Colorado, Deleware, Hawaii,Maine, Montana, Nevada, New Jersey, NewMexico, Oregon, Verm ont, Rhode Island, and theState of Washington continue to penalize the use ofmarihuana but these states have created statutoryprotections from prosecution and arrest understate law for certain groups of peo ple sufferingfrom debilitating medical conditions. Michiganjoins in this.

Sec. 3. As used in this act:(a) "Debilitating m edical condition" means glaucom a or1 or mor e of the following:(1) Cancer, positive status for humanimmunod eficiency virus (HIV), acquiredimmune deficiency syndrome (AIDS), hepatitisC, amyotrophic lateral sclerosis, Crohn's disease,agitation of Alzheimer's disease, nail patella,epilepsy, m ultiple sclerosis, or the treatment ofthese conditions or sym ptom s from theseconditions but only if associated withcachexia, severe and chronic pain, severenausea, seizures, or severe and persistentm uscle spasm s in the patient.

Sec. 1. This act shall be know n and m ay be cited as theMichigan Medical Marihuana Act.Sec. 2. The people of the State of Michigan find anddeclare that:(a ) Modern medical research, including as found by the

National Academy of Sciences' Institute of M edicinin a M arch 1999 report, has d iscovered beneficialuses for marihuana in treating or alleviating the painnausea, and other symptoms associated with avariety of debilitating medical conditions.(b ) Data from the Federal Bur eau of InvestigationUniform Crime Reports and the Compendium ofFederal Justice Statistics show that approximately 9out of every 100 marihuana arrests in the UnitedStates are made under state law, rather than underfederal law. Consequently, changing state law w illhave the pr actical effect of protecting from arrest thvast majority of seriously ill people who have amedical need to use marihuana.(c ) Although federal law currently prohibits any use ofmarihuana except under very limited circumstancesstates are not required to enforce federal law orprosecute people for engaging in activitiesprohibited by federal law. The laws of A laska,California, Colorado, H awaii, Maine, Montana,Nevada, New Mexico, Oregon, Vermont, RhodeIsland, and Washington do n ot penalize the medicause and cu ltivation of marihuana. M ichigan joins inthis effort for the health and welfare of its citizens.

Sec. 3. As used in th is act:(a) "Debilitating medical condition" means 1 or m ore othe following:(1) Cancer, glaucoma, po sitive status for hum animmunodeficiency virus, acquired immunedeficiency syndro me, hepatitis C, amyotroph iclateral sclerosis, Cr ohn's disease, agitation ofAlzheimer's disease, nail patella, or thetreatment of these conditions.

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Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana LawPage 2 of 1 5

(2) If approved by the departm ent as providedfor in section 5(a), any other medical conditionor its treatment or sym ptoms from thatcondition but only if associated with cachexia,severe and chronic pain, severe nausea,seizures, or severe and persistent m usclespasm s in the patient as approved by thedepartment, as provided for in section 5(a).

(b) "Department" mean s the state department oflicensing and regulatory affairs.(c) "Enclosed, locked facility" means a closet, room, orother com parable, com pletely enclosed area,containing a m axim um of 12 m arihuana plants,equipped with secured locks or other functioningsecurity devices that permit access to only one ofthe following:(1 ) th e registered primary caregiver who is assistingthe qualifying patient to whom he or she isconnected through the departm ent'sregistration process, o r(2 ) th e registered qualifying patient.(d) "Institution of higher education" m eans 1 orm ore of the following:(1 ) A public or private com m unity college,college, or university.(2 ) A public or private trade, vocational, oroccupational school.

(e) "Marihuana" m eans that term as defined in section7106 of the public health code, 1978 PA 368, MC L333.7106.(f) "Medical use" mean s the acquisition, possession,cultivation, man ufacture, use, internal possession,delivery, or transportation of marihuana o r the use ofparaphernalia relating to the adm inistration ofmarihuana to alleviate a registered qu alifyingpatient's debilitating medical condition.(g) "Physician" means an individual licensed as aphysician under Part 17 0 of the public health code,1978 PA 368, M CL 33 3.17001 to 333.17084, or anosteopathic physician under Part 175 of the publichealth code, 1978 PA 368, M CL 3 33.17501 to333.17556.(h) "Primary caregiver" or "caregiver" means a personwho is at least 21 years old, who is assisting thequalifying patient to whom he or she is connectedthrough the departm ent's registration process,

(2 ) A chron ic or debilitating disease or medicalcondition or its treatment that produces 1 ormore of the following: cachexia or wastingsyndrome; severe and chronic pain; severenausea; seizures, including but not limited tothose characteristic of epilepsy; or severe andpersistent muscle spasms, including but notlimited to those characteristic of multiplesclerosis.(3 ) Any other medical condition or its treatmentapproved by the dep artment, as provided for insection 5(a).(b ) "Departmen t" means the state department ofcommunity health.(c ) "Enclosed, locked facility" means a closet, room, orother enclosed area equipped w ith locks or othersecurity devices that permit access only by aregistered primary caregiver or reg istered qualifyingpatient.

(d ) "Marihuana" m eans that term as defined in section7106 of the public health code, 1978 PA 368, MC L333.7106.(e ) "Medical use" mean s the acquisition, possession,cultivation, manu facture, use, internal possession,delivery, transfer, or transportation of marihuana orparaphernalia relating to the adm inistration ofmarihuana to treat or alleviate a registered qualifyingpatient's debilitating m edical condition or sym ptomsassociated with the debilitating medical con dition.(f) "Physician" means an individual licensed as aphysician under Part 17 0 of the public health code,1978 PA 368, M CL 33 3.17001 to 333.17084, or anosteopathic physician under Part 175 o f the publichealth code, 1978 PA 368, M CL 3 33.17501 to333.17556.(g ) "Primary caregiver" m eans a person who is at least21 years old and who has agreed to assist with apatient's medical use of marihuana and w ho has


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Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana Lawwho has agreed to assist with a patient's medical useof marihuana, who has a valid registryidentification card, and who has never beenconvicted of a felony."Qualifying patient" or "patient" means a personwho has been diagnosed by a physician as having adebilitating m edical condition and who has a validregistry identification card."Registry identification card" means a documentissued by the department that identifies a person as aregistered qualifying patient or registered primarycaregiver.(k) "Usable marihuana" means the dried leaves andflowers of the marihuana plant, and any mixture orpreparation thereof, but does not include the seeds,stalks, and roots of the plant.(1) "Visiting qualifying patient" means a patient who isnot a resident of this state or who has been a residentof this state for less than 30 days.(m) "Written certification" means a docum ent signed bya physician, stating all of the following:(1) the patient's debilitating medical condition.(2 ) that the physican has established a bonafidephysician-patient relationship with thepatient.(3 ) that, in the physician's professional opinion, thepatient is likely to receive therapeutic orpalliative benefit from the medical use ofmar ihuana to alleviate the patient's debilitatingmedical condition.SEC. 3A.(a) For purposes of this act, a physician-patientrelationship is not bona fide unless the physicianhas done all of the following with respect to thepatient:(1 ) taken a m edical history.(2 ) perform ed a relevant physical exam ination.(3 ) reviewed prior treatm ent and treatm entresponses.(4 ) obtained and reviewed relevant diagnostic testresults.(5 ) discussed advantages, disadvantages,alternatives, potential adverse effects, and theexpected response to the recom m endedtreatm ent and m ade reasonable efforts toensure that the patient understands thatinformation.

never been convicted of a felony involving illegaldrugs.

(h) "Qualifying patient" means a person who has beendiagnosed by a physician as having a debilitatingmedical condition.(i ) "Registry identification card" means a documentissued by the department that identifies a person as registered qualifying patient or registered primarycaregiver.(j ) "Usable marihuana" means the dried leaves andflowers of the marihuana plant, and any mixture orpreparation thereof, but does not include the seeds,stalks, and roots of the plant.(k ) "Visiting qualifying patient" means a patient who isnot a resident of this state or who has been a residenof this state for less than 30 days.(1) "Written certification" means a document signed by physician, stating the patient's debilitating medicalcondition and stating that, in the physician'sprofessional opinion, the patient is likely to receivetherapeutic or palliative benefit from the medical usof marihuana to treat or alleviate the patient'sdebilitating medical condition or symptomsassociated with the debilitating medical condition.

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(6) provided for m onitoring the patient todeterm ine the response to and anyside effectsof the treatm ent.(7) created and m aintained records for thepatient.(8 ) notified the patient's prim ary care physician,if any, of any written m arihuana certificationprovided.(b) Notw ithstanding any other p rovision in this act, ifa physician provides written certification insupport of a registry identification cardapplication w ithout fir establishing a bona fidephysician-patient relationship as described insubsection (a), both of the following apply:(1 ) The registry identification card is not validand provides no defense to a crim inalprosecution under the laws of this state.(2 ) The certifying physician may not assert anyprotection otherwise provided in this act in acivil action or in a professional disciplinary orlicensing proceeding.

Sec. 4.(a ) A q ualifying patient who has been issued andpossesses a valid r egistry identification card shallnot be subject to arrest, prosecution, or penalty inany manner, or denied any right or privilege,including but not limited to civil penalty ordisciplinary action by a business or occupational orprofessional licensing board or bur eau, for themedical use of marihuana in accordance with thisact, provided that the q ualifying patient possesses anamount of m arihuana that does not exceed 2.5ounces of usable m arihuana, and, if the qualifyingpatient has not specified that a primary caregiverwill be allowed under state law to cultivatemarihuana for the q ualifying patient, 12 marihuanaplants kept in an enclosed, locked facility. Anyincidental amount of seeds, stalks, and unusableroots shall also be allowed under this act and shallnot be included in this amount.(b ) A primary care giver who has been issued andpossesses a valid registry identification card shallnot be subject to arrest, prosecution, or penalty inany manner, or denied any right or privilege,including but not limited to civil penalty ordisciplinary action by a business or o ccupational or

Sec. 4.(a) A qualifying patient who has been issued andpossesses a registry identification card shall not besubject to arrest, prosecution, or penalty in anymanner, or denied any right or privilege, includingbut not limited to civil penalty or disciplinary actionby a business or occupational or professionallicensing board or bureau, for the m edical use ofmarihuana in accordance w ith this act, provided thatthe qualifying patient possesses an amount ofmarihuana that does not exceed 2.5 ounces o f usablemarihuana, and, if the q ualifying patient has notspecified that a primary caregiver w ill be allowedunder state law to cultivate marihuana for thequalifying patient, 12 marihuana plants kept in anenclosed, locked facility. Any incidental am ount ofseeds, stalks, and unusable roots shall also beallowed under state law and shall not be included inthis amount.(b ) A primary caregiver w ho has been issued andpossesses a registry identification card shall not besubject to arrest, prosecution, or penalty in anymanner, or denied any right or privilege, includingbut not limited to civil penalty or disciplinary actionby a business or occupa tional or professional


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Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana Lawprofessional licensing board or bureau, for assisting athrough patient to whom he or she is connectedthrough the department's registration process with themedical use of m arihuana in accordance with this act,provided that the primary caregiver possesses an amo untof marihuana that does not exceed:(1 ) 2.5 ounces of usable marihuana for eachqualifying patient to whom he or she isconnected through the department's registrationprocess; and(2 ) for each registered q ualifying patient who hasspecified that the primary caregiver will beallowed under state law to cultivate marihuanafor the qualifying patient, 12 marihuana plantskept in an enclosed, locked facility; and(3 ) any incidental amount of seeds, stalks, andunusable roots.(c) A person shall not be denied custody or visitation ofa minor for acting in accordance w ith this act, unlessthe person's behavior is such that it creates anunreasonable danger to the minor that can be clearlyarticulated and substantiated.(d) There shall be a presumption that a q ualifying patientor primary caregiver is engaged in the medical useof marihuana in accordance with this act if the

lualifying patient or primary caregiver:(1) is in possession of a valid registry identificationcard; and(2) is in possession of an amount of marihuana thatdoes not exceed the am ount allowed under thisac tection. The presumption may be rebutted byevidence that conduct related to m arihuana wasnot for the purpose of alleviating the q ualifyingpatient's debilitating m edical in accordance withthis act.(e) A registered primary caregiver m ay receivecompe nsation for costs associated with assisting h i sor her registered qua lifying patient to whom theregistered prim ary caregiver is connectedthrough the department's registration process i nthe medical use of marihuana. Any suchcompensation shall not constitute the sale ofmarihuana.(f ) Subje ct to subsection (3)(l), a physician is notsubject to arrest, prosecution, or penalty in anymanner, or denied any right or privilege, includingbut not limited to civil penalty or disciplinary actionby the Michigan board of m edicine, the Michiganboard of osteopathic medicine and surgery, or anyother business or occupational or professionallicensing board or bureau, for assisting a qualifyingpatient to whom he or she is connected through thedepartment's registration process with the medicaluse of marihuana in accordance w ith this act,provided that the primary caregiver possesses anamount of m arihuana that does not exceed:(1 ) 2.5 ounces of usable marihuana for eachqualifying patient to whom he or she isconnected through the department's registrationprocess; and(2 ) for each registered qualifying patient who hasspecified that the primary caregiver will beallowed under state law to cultivate marihuanafor the qualifying patient, 12 marihuana plantskept in an enclosed, locked facility; and(3 ) any incidental amount of seeds, stalks, andunusable roots.(c) A p erson shall not be denied custody or visitation ofa minor for acting in accordance with this act, unlesthe person's behavior is such that it creates anunreasonable danger to the minor that can be clearlarticulated and substantiated.(d) There shall be a presumption that a q ualifying patieor primary caregiver is engaged in the medical useof marihuana in accordance with this act if thequalifying patient or primary caregiver:(1 ) is in possession of a registry identification card ;and(2 ) is in possession of an amount of marihuana thatdoes not exceed the am ount allowed under thisact. The presumption may be rebutted byevidence that conduct related to m arihuana wasnot for the purpose of alleviating the qualifyingpatient's debilitating medical condition orsymptoms associated with the debilitatingmedical condition, in accordance with this act.(e) A registered primary caregiver may receivecompensation for costs associated with assisting aregistered qualifying patient in the medical use ofmarihuana. Any such compensation shall notconstitute the sale of controlled substances.(f) A physician shall not be subject to arrest,prosecution, or penalty in any manner, or denied anright or privilege, including but not limited to civilpenalty or disciplinary action by the M ichigan boaof medicine, the Michigan board of osteopathicmedicine and surgery, or any other business oroccupational or professional licensing board orbureau, solely for providing written certifications, the course of a bona fide physician-patient licensin

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(j) A registry identification card, or its equ ivalent,that is issued under the laws of an other state, district,territory, commonw ealth, or insular possession ofthe United States that allows the medical use ofmarihuana by a visiting q ualifying patient, or toallow a p erson to assist with a visiting q ualifyingpatient's medical use of marihuan a, shall have the

Suggested Changes to the M edical Marihuana Lawurrent Medical Marihuana LawPage 6 of 1 5

board or bureau, solely for providing writtencertifications, in the course of a bona fide physician-patient relationship as defined in section 3a or forotherwise stating that, in the physician's professionalopinion, a patient is likely to receive therapeutic orpalliative benefit from the m edical use of marihuanato treat or alleviate the patient's debilitating medicalcondition, provided that nothing in this act shallprevent a professional licensing board fromsanctioning a physician for otherwise violating thepublic health code.(g ) A per son shall not be subject to arrest, prosecution,or penalty in any manner, or den ied any right orprivilege, including but not limited to civil penaltyor disciplinary action by a business or occupationalor professional licensing board or bureau, forproviding a registered qualifying patient or aregistered primary caregiver with marihuanaparaphernalia for purposes of a qualifying patient'smedical use of marihuana.(h ) Any m arihuana, marihuana paraphernalia, or licitproperty that is possessed, owned, or, except a sallowed under this act, m ay be seized or forfeited.

(i ) A per son shall not be subject to arrest, prosecution, orpenalty in any manner, or denied any right orprivilege, including but not limited to civil penaltyor disciplinary action by a business or occupationalor professional licensing board or bureau, solely forbeing in the presence or vicinity of the m edical useof marihuana in accordance w ith this act, or forassisting a registered qualifying patient with using oradministering marihuana for m edical use. Forpurposes of this act, "using or adm inisteringm arihuana for m edical use" m eans assisting aregistered qualified pa tient who is physicallyunable to engage in the m edical use of m arihuanabecause of his or her debilitating m edicalcondition in preparing m arihuana to beconsum ed in any of the various ways thatm arihuana is com m only consumed For m edicaluse or by physically aiding that patient in his orher m edical use of marihuana.

(j ) A valid registry identification card, or its equivalent,that is issued under the laws of another state, district,territory, comm onwealth, or insular possession ofthe United States that allows the medical use ofmarihuana by a visiting q ualifying patient, or toallow a person to assist with a visiting qualifyingpatient's medical use of marihuana , shall

relationship and after the physician has completed afull assessment of the qualifying patient's m edicalhistory, or for otherwise stating that, in thephysician's professional opinion, a patient is likely toreceive therapeutic or p alliative benefit from themedical use of mar ihuana to treat or alleviate thepatient's serious or debilitating medical condition orsymptoms associated with the serious or debilitatingmedical condition, provided that nothing shallprevent a professional licensing board fromsanctioning a physician for failing to properlyevaluate a patient's medical condition or otherw iseviolating the standard of care for evaluating m edicalconditions.(g ) A per son shall not be subject to arrest, prosecution,or penalty in any manner, or denied any right orprivilege, including but not limited to civil penaltyor disciplinary action by a business or occupationalor professional licensing board or bureau, forproviding a registered qualifying patient or aregistered primary caregiver with marihuanaparaphernalia for purposes of a qualifying patient'smedical use of marihuana.(h ) Any m arihuana, marihuana paraphernalia, or licitproperty that is possessed, owned, or used inconnection with the medical use of marihuana, asallowed under this act, or acts incidental to such use,shall not be seized or forfeited.(i) A person shall not be subject to arrest, prosecution, orpenalty in any manner, or denied any right orprivilege, including but not limited to civil penaltyor disciplinary action by a business or occupationalor professional licensing board or bureau, solely forbeing in the presence or vicinity of the m edical useof marihuana in accordance w ith this act, or forassisting a registered q ualifying patient w ith using oradministering marihuana.


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Suggested Changes to the Medical Marihuana Lawhave the same force and effect as a valid registryidentification card issued by the department.

k k) in addition to any other pen alties, any patient orcaregiver who engages in any non-m edical use ofm arihuana or any patient or caregiver who sellsor transfers m arihuana to another patient orcaregiver except as specifically allowed by this actshall have his or her registry identification cardrevoked and is guilty of a m isdem eanorpunishable by im prisonm ent for not m ore than93 days or a fine of not m ore than $500.00, orboth. Any registered qualifying patient or registeredprimary caregiver who sells provides marihuana tosomeone who does not have a valid registryidentification card under this act shall have his orher registry identification card revoked and is guiltyof a felony punishable by imprisonment for not m orethan 2 years or a fine of not m ore than $2,000.00, orboth, in addition to any other penalties for thedistribution of marihuana.a physician shall not do any of the following:(1 ) offer a discount or any oth er thing of value toa patient or any other person in consideration ofthe patient PROCU RING O R agreeing toprocure m arihuana for m edical use from aparticular caregiver.(2 ) Accept or solicit anything of value from anyperson in consideration of referring a patient to aparticular caregiver.

Current Medical Marihuana Lawsame force and effect as a registry identification carissued by the department.(k) Any registered qualifying patient or registeredprimary caregiver who sells marihuana to someonewho is not allowed to use marihuana for medicalpurposes under this act shall have his or her registryidentification card revoked and is guilty of a felonypunishable by imprisonment for not more than 2years or a fine of not more than $2,000.00, or both,in addition to any other penalties for the distributioof marihuana.

( 1 )

Sec. 5(a) The department shall promulgate rules pursuantto the administrative procedures act of 1969, 1969PA 3 06, MCL 24 .201 to 24.328, that govern themanner in w hich the department shall consideradditions to the list of debilitating medicalconditions set forth in section 3 (a) of this act. Inpromulgating rules, the department shall allow forpetition by the public to include add itionaldebilitating medical conditions. In considering suchpetitions, the dep artment shall include public noticeof, and an opportunity to comm ent in a publichearing upon, such petitions. The depar tment shall,after hearing, approve or de ny such petitions within180 days of the submission of the petition. Theapproval or denial of such a petition shall beconsidered a final department action, subject tojudicial review p ursuant to the administrativeprocedures act of 1969, 1969 PA 306, MCL 24.201

Sec. 5.(a) Not later than 120 days after the effective date of thiact, the department shall promulgate rules pursuantto the administrative procedures act of 1969, 1969PA 3 06, MCL 24.201 to 24.328, that govern themanner in w hich the department shall consider theaddition of medical conditions or treatments to thelist of debilitating medical conditions set forth insection 3(a) of this act. In promulgating rules, thedepartment shall allow for petition by the public toinclude additional medical conditions andtreatments. In considering such petitions, thedepartment shall include public notice of, and anopportunity to comm ent in a public hearing upon,such petitions. The department shall, after hearing,approve or deny such petitions within 180 days ofthe submission of the petition. The approval ordenial of such a petition shall be considered a finaldepartment action, subject to judicial review toPage 7 of 15


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Suggested Changes to the M edical Marihuana Lawurrent Medical Marihuana Law24.328. Jurisdiction and venue for judicial revieware vested in the circuit court for the county ofIngham.(b) The department shall promulgate rules pursuant tothe administrative procedures act of 1969, 1969 PA306, MCL 24.201 to 24.328, that govern the mannerin which it shall consider applications for an drenewals of registry identification cards forqualifying patients and primary caregivers and anyother rules concerning the departm ent'sim plementation, adm inistration, or enforcem entof this act. The department's rules shall establishapplication and renewal fees that generate revenuessufficient to offset all expenses of implementing andadministering this act. The department m ay establisha sliding scale of application and renew al fees basedupon a q ualifying patient's family income. Thedepartment m ay accept gifts, grants, and otherdonations from private sources in order to reduce theapplication and renewal fees.

Sec. 6.(a) The department shall issue registry identificationcards to qualifying patients who submit thefollowing, in accordance with the departm ent's rules:(1 ) A written certification;(2 ) Application or renewal fee;(3 ) Name, address, and date of birth of thequalifying patient, except that if the applicant ishomeless, no address is required, but theapplicant m ust specify the village, city, ortownship where the applicant spends or willspend the m ajority of his or her tim e;(4 ) Nam e, address, and telephone number of thequalifying patient's physician;(5 ) Name, address, and date of birth of thequalifying patient's primary designatedcaregiver, if any; and(6 ) If the qualifying patient designates a primarycaregiver, a designation as to whether thequalifying patient or primary caregiver will beallowed under this act to possess marihuanaplants for the q ualifying patient's medical use,and the address of the enclosed, lockedfacility at which the m arihuana plants form edical use will be kept.(7) the address of the enclosed, locked facility atwhich usable marihuana for m edical use forthe qualifying patient will be kept.

pursuant to the adm inistrative procedures act of1969, 1969 PA 306, MCL 24.201 to 24.328.Jurisdiction and venu e for judicial review arevested in the circuit court for the county ofIngham.(b) Not later than 120 days after the effective date of thisact, the department shall prom ulgate rules pursuantto the adm inistrative procedures act of 1969, 1969PA 30 6, MCL 24.201 to 24.328, that govern themanner in which it shall consider applications forand renew als of registry identification cards forqualifying patients and primary caregivers. Thedepartment's rules shall establish application andrenewal fees that generate revenues sufficient tooffset all expenses of implementing andadministering this act. The department m ay establisha sliding scale of application and renew al fees basedupon a q ualifying patient's family income. Thedepartment m ay accept gifts, grants, and otherdonations from private sources in order to reduce theapplication and renewal fees.

Sec. 6.(a) The depa rtment shall issue registry identification cards to qualifying patients who submit thefollowing, in accordance with the department's rules:(1 ) A wr itten certification;(2 ) Application or renewal fee;(3) Name, address, and date of birth of thequalifying patient, except that if the applicant ishomeless, no address is req uired;

(4 ) Nam e, address, and telephone number of thequalifying patient's physician;(5) Name, address, and date of birth of thequalifying patient's primary caregiver, if any;and(6) If the qualifying patient designates a primarycaregiver, a designation as to whether thequalifying patient or primary caregiver will beallowed under state law to possess marihuanaplants for the qualifying patient's medical use.

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Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana Law(b) Acceptance of a registry identification cardnder this act constitutes im plied consent by thequalifying patent or caregiver for the departm entto conduct warrantless adm inistrative inspectionsof the enclosed, locked facility at whichm arihuana for m edical use will be kept. Aperson who refuses to perm it an inspectionauthorized unde r this act shall have his or herregistry identification card revoked.(c) The department shall not issue a r egistryidentification card to a qualifying patient who isunder the age of 18 unless:(1 ) The qualifying patient's physician has explainedthe potential risks and benefits of the medicaluse of m arihuana to the q ualifying patient and tohis or her parent or legal guardian;(2 ) The q ualifying patient's parent or legal guardiansubmits a written certification from 2

physicians; and(3 ) The q ualifying patient's parent or legal guardianconsents in writing to:(A) Allow the qualifying patient's medical use ofmarihuana;(B ) Serve as the qualifying patient's primarycaregiver; and(C ) Control the acqu isition of the marihuana, thedosage, and the frequency of the medical useof marihuana b y the q ualifying patient.(d) The department shall verify the informationcontained in an application or renew al submittedpursuant to this section, and shall approve or denyan application or renewal within 15 days ofreceiving it. The department may deny anapplication or renewal if the applicant did notprovide the information required pursuant to thissection, or if the department determines that theinformation provided w as falsified or if theapplicant had a previous registration cardrevoked. Rejection of an application or renewal isconsidered a final department action, subject tojudicial review. Jurisdiction and venue for judicialreview are vested in the circuit court for the countyof Ingham.(e) The department shall issue a registry identificationcard to the primary caregiver, if any, who is namedin a qualifying patient's approved application;provided that each q ualifying patient can have nomore than 1 pr imary caregiver, and a primarycaregiver may assist no more than 5 qualifyingpatients to whom he or she is connected

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Wz..530e-s5 iroiAJ(b) The departm ent shall not issue a registryidentification card to a qualifying patient who isunder the age of 18 unless:(1) The qualifying patient's physician has explainedthe potential risks and benefits of the medicaluse of mar ihuana to the q ualifying patient and this or her parent or legal guardian;(2 ) The q ualifying patient's parent or legal guardiansubmits a wr itten certification from 2

physicians; and(3 ) The q ualifying patient's parent or legal guardianconsents in writing to:(A ) Allow the qualifying patient's medical use marihuana;(B ) Serve as the qualifying patient's primarycaregiver; and(C ) Control the acq uisition of the m arihuana, thdosage, and the frequency of the m edical uof marihuana by the qualifying patient.(c) The department shall verify the informationcontained in an app lication or renewal submittedpursuant to this section, and shall approve or denyan application or r enewal within 15 days ofreceiving it. The department may deny anapplication or renewal only if the applicant did notprovide the information required pursuant to thissection, or if the department determines that theinformation provided was falsified. Rejection of anapplication or renewal is considered a finaldepartment action, subject to judicial review.Jurisdiction and venue for judicial review are vestein the circuit court for the county of Ingham.

(d) The department shall issue a registry identificationcard to the primary caregiver, if any, who is namedin a qualifying patient's approved application;provided that each q ualifying patient can have nomore than 1 primar y caregiver, and a primarycaregiver may assist no more than 5 qualifyingpatients with their medical use of marihuana.Page 9 of 1 5


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Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana Lawthrough the departm ent's registration processwith their medical use of marihuana.(f) The department shall issue registry identificationcards within 5 days of approving an application orrenewal, which shall expire 1 year after the date ofissuance. Within 48 hours after issuing a registryidentification card, the departm ent shall forwardinform ation concerning issuance of the card tothe departm ent of state police for entry into thelaw enforcem ent inform ation network. Registryidentification cards shall contain all of the following:(1 ) Name, address, and date of b irth of thequalifying patient.(2) Nam e, address, and date of birth of the primarycaregiver, if any, of the qualifying patient.(3 ) The date of issuance and expiration date of theregistry identification card.(4 ) A random identification numb er.(5 ) A photograph.(6) A clear designation showing whether the primarycaregiver or the qualifying patient will beallowed under this act to possess the marihuanaplants for the qualifying patient's m edical use,which shall be determined based solely on thequalifying patient's preference, and the addressof the enclosed, locked facility at which them arihuana plants for m edical use will bekept.(g ) If a registered qualifying patient's certifyingphysician notifies the department in writing that thepatient has ceased to suffer from a debilitatingmedical condition, the card shall become null andvoid upon notification by the department to thepatient.(h ) Except as to adm inistrative inspectionsauthorized under su bsection (a) (8), possession of,or application for, a valid registry identification cardshall not constitute probable cause or reasonablesuspicion, nor shall it be used to support the searchof the person or proper ty of the person possessing orapplying for the registry identification card, orotherwise subject the person or p roperty of theperson to inspection by any local, county or stategovernmental agency.(i ) The following confidentiality rules shall apply:(1) Applications and supporting informationsubmitted by qualifying patients, includinginformation regarding their primary caregiversand physicians, are confidential.

e) The department shall issue registry identificationcards within 5 days of approving an application orrenewal, which shall expire 1 year after the date ofissuance. Registry identification cards shall containall of the following:

(1 ) Name, address, and date of b irth of thequalifying patient.(2 ) Nam e, address, and date of birth of the primarycaregiver, if any, of the qualifying patient.(3 ) The date of issuance and expiration date of theregistry identification card.(4 ) A random identification num ber.(5 ) A photograph, if the department requires 1 byrule.(6 ) A clear designation showing whether the primarycaregiver or the qualifying patient will beallowed under state law to possess themarihuana plants for the qualifying patient'smedical use, which shall be determined basedolely on the qualifying patient's preference.

(f ) If a registered qualifying patient's certifyingphysician notifies the department in writing that thepatient has ceased to suffer from a debilitatingmedical condition, the card shall become null andvoid upon notification by the department to thepatient.(g ) Possession of, or application for, a registryidentification card shall not constitute probablecause or reasonable suspicion, nor shall it be used tosupport the search of the person or p roperty of theperson possessing or applying for the registryidentification card, or otherw ise subject the personor property of the person to inspection by any local,county or state governmental agency.

(h) The following confidentiality rules shall apply:(1) Applications and supporting informationsubmitted by qualifying patients, includinginformation regarding their primary caregiversand physicians, are confidential.

ag e 10 of 15


11/15

Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana Law(2) The department shall maintain a confidential listof the persons to whom the department hasissued registry identification cards. Individualnames and other identifying information on thelist is confidential and is exempt from disclosureunder the freedom of information act, 1976 PA442, MCL 15 .231 to 15.246.(3) The departm ent shall not allow any personaccess to any inform ation about patients inthe departm ent's confidential list of personsto whom the department has issued validregistry identification cards or otherwisem aintained by the department concerningphysicians and prim ary caregivers, except forthe following:(a ) em ployees or agents of the departm ent inthe course of their official duties.(b ) law enforcement em ployees and peoplewho are perm itted access to the lawenforcement inform ation system in thecourse of their official duties.(c ) pursuant to a valid court order, searchwarrant, or as m ay otherwise be requiredunder state or federal law.(4) A person, including an em ployee or official othe department or another state agency or localunit of governm ent, who d iscloses confidentialinformation in violation of this act shall bepunished by a fine of not more than $500.00.Notwithstanding this provision, departmentemployees shall notify law enforcement aboutfalsified or fraudulent information submitted tothe department.(j) The department shall submit to the legislature anannual report that d oes not disclose any identifyinginformation about q ualifying patients, primarycaregivers, or physicians, but does contain, at aminimum, all of the following information:(1 ) The num ber of applications filed for registryidentification c ards.(2 ) The num ber of qualifying patients and primarycaregivers approved in each county.(3 ) The nature of the debilitating medical conditionsof the qualifying patients.(4 ) The num ber of registry identification cardsrevoked.(5 ) The num ber of physicians providing writtencertifications for qualifying patients.

(2 ) The dep artment shall maintain a confidential liof the persons to whom the department hasissued registry identification cards. Individualnames and other identifying information on thelist is confidential and is exempt from disclosurunder the freedom of information act, 1976 PA442, MCL 15.231 to 15.246.(3 ) The department shall verify to law enforcementpersonnel whether a registry identification cardis valid, without disclosing more informationthan is reasonably necessary to verify theauthenticity of the registry identification card.

(4 ) A person, including an em ployee or official ofthe department or another state agency or localunit of government, who discloses confidentialinformation in violation of this act is g uilty of amisdemeanor, punishable by imprisonment fornot more than 6 mo nths, or a fine of not morethan $1,000.00, or both. N otwithstanding thisprovision, department employees m ay notify laenforcement about falsified or fraudulentinformation submitted to the department.(i) The department shall submit to the legislature anannual repor t that does not disclose any identifyinginformation about q ualifying patients, primarycaregivers, or physicians, but does contain, at aminimum, all of the following information:(1 ) The num ber of applications filed for registryidentification card s.(2 ) The number of qualifying patients and primarycaregivers approved in each county.(3 ) The nature of the debilitating medical conditionof the qualifying patients.(4 ) The num ber of registry identification cardsrevoked.(5 ) The num ber of p hysicians providing writtencertifications for qualifying patients.

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12/15

Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana Law(6) Scientific reports and research on the m edicaluse of m arihuana for debilitating m edicalconditions.(k) The departm ent shall suspend or revoke theregistry identification card of an individual wh othe departm ent determ ines has knowinglyviolated this act or attem pted to violate, directlyor indirectly, assisted in or abetted the violationof, or conspired to v iolate this act or rules of theDepartm ent prom ulgated under this act.The departm ent shall give written notice of ahearing on the proposed suspension or revocationto the registrant affected. T he notice shall set atim e of hearing at the departm ent and shall be bypersonal service or by certified m ail delivered tothe registrant's last known add ress. At thehearing, the registrant m ay present evidence tothe departm ent regarding the alleged violations,and the departm ent shall render a decision withina reasonable tim e. A registrant m ay appeal thedepartm ent's determ ination to suspend or revokehis or her registry identification card to thecircuit court for the county of Ingham . If aregistrant's registry identification card is revokedor suspended, the registration card of theprim ary caregiver connected with the registrantthrough the departm ent's registration processshall also be revoked or suspended, asapplicable. The departm ent shall im m ediatelynotify the departm ent of state police of anysuspension or revocation of a registryidentification card. The departm ent of statepolice shall enter on the law enforcem entinform ation system that the registrant's registryidentification card has been suspend ed orrevoked.Sec. 7.(a ) The medical use of marihuana is allowed under thisac t to the extent that it is carried out in accordance

with the provisions of this act.(b) This act shall not permit any person to do any of thefollowing:

(1) undertake any task while engaged in them edical use of m arihuana, when doing sowould constitute negligence or professionalmalpractice, or undertake any action thatharm s another person, or create a situationthat Could potentially harm another person.

Sec. 7.(a) The medical use of marihuana is allowed under state

law to the extent that it is carried out in accordancewith the provisions of this act.

(b ) This act shall not permit any person to do any of thefollowing:(1) Undertake any task under the influence of

marihuana, when doing so would constitutenegligence or professional malpractice.

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13/15

Suggested Changes to the Medical Marihuana Law(2) engage in the m edical use of marihuana:(A ) in a school bus;(B ) on the grounds of any child careorganization as defined in 1973 PA 116,MCL 722.222(1)(a), preschool, elementary

or secondary school consisting of any ofgrades kindergarten through 12, orinstitution of higher EDU CATION ; o r(C ) in any correctional facility.(3) smoke m arihuana:(A ) on any form of public transportation; or(B ) in any public place.(4) Operate, navigate, or be in actual physicalcontrol of any motor vehicle, aircraft, ormotorboat, if the person has in his or her bodyany am ount of m arihuana.(5) Use marihuana if that person does not have adebilitating medical condition.

(6) Cultivate or keep m arihuana plants in afacility at a location that is in violation of alocal zoning ordinance.(c) Nothing in this act shall be construed to requ ire anyprogram or entity to reim burse a person for costsassociated with the m edical use of m arihuana,including:(1 ) A governm ent medical assistance program;(2 ) a for-profit or non-profit health insurer, o rother entity providing a plan of healthinsurance, health benefits, or health services;(3 ) A health m aintenance organization or sim ilarentity operating pursuant to Chapter 35 ofthe Insurance Code of 1956, 1956 PA 218,MCL 500.100 to 500.8302;(4 ) A health care corporation operating pursuantto the nonprofit health care corporationreform act of 1980, 1980 PA 350, MCL550.1101 to 550.1704;(5 ) A multiple employer welfare arrangementoperating pursuant to Chapter 70 of theInsurance Code of 1956, 1956 PA 218, MC L500.100 to 500.8302; or(6 ) Any other insurer as defined in the InsuranceCode of 1956, 1956 PA 218, MCL 500.100 to500.8302.(7 ) An em ployer to accommodate the ingestion ofmarihuana in any workplace or any em ployeePERSON working while engaged in them edical use of m arihuana.

Current Medical Marihuana Law(2) Possess marihuana, or otherwise engage in themedical use of marihuana:(A ) in a school bus;(B ) on the grounds of any preschool or primaryor secondary school; or(C ) in any cor rectional facility.

(3) Smoke m arihuana:(A ) on any form of public transportation; or(B ) in any public place.(4) Operate, navigate, or be in actual physicalcontrol of any motor vehicle, aircraft, ormotorboat while under the influence ofmarihuana.(5) Use mar ihuana if that person does not have aserious or debilitating medical condition.

(c) Nothing in this act shall be construed to require:

(1 ) A governm ent medical assistance program orcommercial or non-profit health insurer toreimburse a person for costs associated with themedical use of marihuana.

(2 ) An em ployer to accommodate the ingestion ofmarihuana in any workplace or any em ployeeworking while under the influence of marihuan

Page 13 of 15


14/15

Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana Law(d ) Fraudulent representation to a law enforcementofficial of any fact or circumstance relating to themedical use of marihuana to avoid arrest orprosecution shall be punishable by a fine of $500.00,which shall be in addition to any other penalties thatmay apply for m aking a false statement or for theuse of marihuana other than use undertaken pursuantto this act.(e) All other acts and parts of acts inconsistent with thisact do not apply to the medical use of marihuana asprovided for by this act.

(d ) Fraudulent representation to a law enforcementofficial of any fact or circumstance relating to themedical use of marihuana to avoid arrest orprosecution shall be punishable by a fine of $500.00,which shall be in addition to any other penalties thatmay apply for m aking a false statement or for theuse of marihuana other than use undertaken pursuantto this act.(e ) All other acts and parts of acts inconsistent with thisact do not apply to the medical use of marihuana asprovided for by this act.

Sec. 8.(a) Except as provided in section 7, a patient and apatient's primary caregiver, if any, may assert themedical purpose for using marihuana as a defense toany prosecution involving marihuana, and thisdefense shall be presumed valid where the evidenceshows that:(1) A physician has stated that, in the physician'sprofessional opinion, after having completed afull assessment of the patient's medical historyand current medical condition made in thecourse of a bona fide phy sician-patientrelationship, the patient is likely to receivetherapeutic or palliative benefit from the medicause of m arihuana to treat or alleviate thepatient's serious or debilitating medicalcondition or symptoms of the patient's serious ordebilitating medical condition;(2) The patient and the patient's primary caregiver, ifany, were collectively in possession of aquantity of marihuana that was not m ore thanwas reasonably necessary to ensure theuninterrupted availability of marihuana for thepurpose of treating or alleviating the patient'sserious or debilitating medical condition orsymptoms of the patient's serious or debilitatingmedical condition; and(3 ) The patient and the patient's primary caregiver, ifany, were engaged in the acquisition, possession,cultivation, manufacture, use, delivery, transfer,

or transportation of marihuana or paraphernaliarelating to the use o f marihuana to treat oralleviate the patient's serious or debilitatingmedical condition or symptoms of the patient'sserious or debilitating medical condition.(b) A person m ay assert the medical purpose for usingmarihuana in a m otion to dismiss, and the chargesPage 14 of 15


15/15

Suggested Changes to the Medical Marihuana Lawurrent Medical Marihuana LawSec. 9. If the department is unable to issue a validregistry identification card in response to a validapplication or renewal submitted pursuant to this actwithin 20 days of its submission, the registryidentification card shall be deem ed granted for up to120 days, and a copy of the registry identificationapplication or renew al shall be deemed a valid registryidentification ca rd during this period. If during the120 days following 20 days after subm ission of thevalid application or renewal, the departm entdeterm ines that the application or renewal does notm eet the requirem ents of this act, the departm entshall deny the application or renewal, and shall notissue a registry identification card as provided in thedepartm ent's rules prom ulgated under this act.

Sec. 10. Any section of this act being held invalid asto any person or circumstances shall not affect theapplication of any other section of this act that canbe given full effect without the invalid section orapplication.

shall be dismissed following an evidentiary hearingwhere the per son shows the elements listed insubsection (a).(c) If a patient or a patient's primary caregiverdemonstrates the patient's medical purpose for usingmarihuana pu rsuant to this section, the patient andthe patient's primary caregiver shall not be subject tthe following for the patient's medical use ofmarihuana:(1 ) disciplinary action by a business or occup ationaor professional licensing board or bureau; or(2 ) forfeiture of any interest in or right to proper ty.

Sec. 9.(a ) If the department fails to adopt rules to implementthis act within 120 days of the effective date of thisact, a qualifying patient may com mence an action ithe circuit court for the county of Ingham to compelthe department to perform the actions mandatedpursuant to the provisions of this act.(b ) If the department fails to issue a valid registryidentification card in response to a valid applicationor renewal subm itted pursuant to this act within 20days of its submission, the registry identificationcard shall be deemed granted, and a copy of theregistry identification application o r renewal shall bdeemed a valid registry identification card.(c ) If at any time after the 140 days following theeffective date of this act the department is notaccepting applications, including if it has not createrules allowing qualifying patients to subm itapplications, a notarized statement by a q ualifyingpatient containing the information req uired in anapplication, pursuant to section 6(a)(3)-(6) togetherwith a written certification, shall be deemed a validregistry identification card.Sec. 10. Any section of this act being held invalid as toany person or circumstances shall not affect theapplication of any other section of this act that can b egiven full effect without the invalid section orapplication.

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