HB-4834, As Passed House, May 3, 2012
HOUSE BILL NO. 4834
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending section 6 (MCL 333.26426).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
6. Administering the Department's Rules.
Sec. 6. (a) The department shall issue registry identification
cards to qualifying patients who submit the following, in
accordance with the department's rules:
(1) A written certification;
(2) Application or renewal fee;
(3) Name, address, and date of birth of the qualifying
patient, except that if the applicant is homeless, no address is
(4) Name, address, and telephone number of the qualifying
(5) Name, address, and date of birth of the qualifying
patient's primary caregiver, if any; and
(6) If the qualifying patient designates a primary caregiver,
a designation as to whether the qualifying patient or primary
caregiver will be allowed under state law to possess marihuana
plants for the qualifying patient's medical use.
(7) Two identical, 2-inch by 2-inch, color photographs that
show the applicant's current appearance and meet all of the
(A) The picture is a full-face, front view against a plain,
white or off-white background.
(B) The applicant's head measures between 1 inch and 1-3/8
inches from the bottom of the chin to the top of the head.
(C) The applicant's hair or hairline is not obscured by a hat
(D) The applicant is not wearing dark or nonprescription
glasses, unless medically necessary.
(8) If the qualifying patient designates a primary caregiver,
2 identical, 2-inch by 2-inch, color photographs that show the
primary caregiver's current appearance and meet all of the
(A) The photograph is a full-face, front view against a plain,
white, or off-white background.
(B) The primary caregiver's head measures between 1 inch and
1-3/8 inches from the bottom of the chin to the top of the head.
(C) The primary caregiver's hair or hairline is not obscured
by a hat or headgear.
(D) The primary caregiver is not wearing dark or
nonprescription glasses, unless medically necessary.
(b) The department shall not issue a registry identification
card to a qualifying patient who is under the age of 18 unless:
(1) The qualifying patient's physician has explained the
potential risks and benefits of the medical use of marihuana to the
qualifying patient and to his or her parent or legal guardian;
(2) The qualifying patient's parent or legal guardian submits
a written certification from 2 physicians; and
(3) The qualifying patient's parent or legal guardian consents
in writing to:
(A) Allow the qualifying patient's medical use of marihuana;
(B) Serve as the qualifying patient's primary caregiver; and
(C) Control the acquisition of the marihuana, the dosage, and
the frequency of the medical use of marihuana by the qualifying
(c) The department shall verify the information contained in
an application or renewal submitted pursuant to this section, and
shall approve or deny an application or renewal within 15 days of
receiving it. The department may deny an application or renewal
only if the applicant did not provide the information required
pursuant to this section, or if the department determines that the
information provided was falsified. Rejection of an application or
renewal is considered a final department action, subject to
judicial review. Jurisdiction and venue for judicial review are
vested in the circuit court for the county of Ingham.
(d) The department shall issue a registry identification card
to the primary caregiver, if any, who is named in a qualifying
patient's approved application; provided that each qualifying
patient can have no more than 1 primary caregiver, and a primary
caregiver may assist no more than 5 qualifying patients with their
medical use of marihuana.
(e) The department shall issue registry identification cards
within 5 days of approving an application or renewal, which shall
1 year 2 years after the date of issuance. Registry
identification cards shall contain all of the following:
(1) Name, address, and date of birth of the qualifying
(2) Name, address, and date of birth of the primary caregiver,
if any, of the qualifying patient.
(3) The date of issuance and expiration date of the registry
(4) A random identification number.
, if the department requires 1 by rule.as
described in subsection (a)(7) for a patient registry
identification card or as described in subsection (a)(8) for a
caregiver registry identification card.
(6) A clear designation showing whether the primary caregiver
or the qualifying patient will be allowed under state law to
possess the marihuana plants for the qualifying patient's medical
use, which shall be determined based solely on the qualifying
(f) If a registered qualifying patient's certifying physician
notifies the department in writing that the patient has ceased to
suffer from a debilitating medical condition, the card shall become
null and void upon notification by the department to the patient.
(g) Possession of, or application for, a registry
identification card shall not constitute probable cause or
reasonable suspicion, nor shall it be used to support the search of
the person or property of the person possessing or applying for the
registry identification card, or otherwise subject the person or
property of the person to inspection by any local, county or state
(h) The following confidentiality rules shall apply:
Applications Subject to
subdivisions (3) and (4),
applications and supporting information submitted by qualifying
patients, including information regarding their primary caregivers
and physicians, are confidential.
(2) The department shall maintain a confidential list of the
persons to whom the department has issued registry identification
Individual Except as
provided in subdivisions (3) and (4),
individual names and other identifying information on the list is
confidential and is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
The department shall verify to law enforcement personnel whether
a registry identification card is valid, without disclosing more
information than is reasonably necessary to verify the authenticity
of the registry identification card.
(3) The department shall not allow any person access to any
information about patients in the department's confidential list of
persons to whom the department has issued registry identification
cards or from whom the department has received an application or to
information otherwise maintained by the department concerning
physicians who provide written certification and primary
caregivers, except for the following:
(A) Authorized employees of the department or of a
subcontractor under subsection (j) in the course of their official
(B) State or local law enforcement officers or officials, but
only if either of the following applies:
(i) The officer or official provides a registry identification
number, the officer or official is acting in the course of his or
her official duties, and the department does not allow access to
more information than is reasonably necessary to verify the
authenticity of the registry identification card.
(ii) The officer or official provides a name and a date of
birth for an individual or an address; the officer or official has
probable cause to believe a violation of law that involves the
possession, use, transfer, or transportation of marihuana has
occurred; and the department does not allow access to more
information than is reasonably necessary to verify that the
individual or an individual at the specified address has a valid
registry identification card. The department shall allow access to
information under this sub-subparagraph through the law enforcement
information network. This sub-subparagraph does not require the
officer or official to obtain a search warrant to obtain access to
the registry information.
(4) A person, including an employee, contractor, or official
of the department or another state agency or local unit of
discloses confidential information in violation of this
act accesses, uses, or
discloses nonpublic information
governed under this act for personal use or gain or in a manner
that is not authorized by law is guilty of a misdemeanor,
punishable by imprisonment for not more than 6 months, or a fine of
not more than $1, 000.00, or both. Notwithstanding this provision,
department employees may notify law enforcement about falsified or
fraudulent information submitted to the department.
(i) The department shall submit to the legislature an annual
report that does not disclose any identifying information about
qualifying patients, primary caregivers, or physicians, but does
contain, at a minimum, all of the following information:
(1) The number of applications filed for registry
(2) The number of qualifying patients and primary caregivers
approved in each county.
(3) The nature of the debilitating medical conditions of the
(4) The number of registry identification cards revoked.
(5) The number of physicians providing written certifications
for qualifying patients.
(j) Not later than 1 year after the effective date of the
amendatory act that added this subsection, the department shall
enter into a contract with a private contractor to assist the
department in performing its duties under this section. The
contract may provide for assistance in processing and issuing
registry identification cards, but the department shall retain the
authority to make the final determination as to issuing the
registry identification card. The contract shall include a
provision requiring the contractor to preserve the confidentiality
of information in conformity with subsection (h).
(k) Not later than 6 months after the effective date of the
amendatory act that added this subsection, the department shall
appoint a panel of not more than 15 members to review petitions to
approve medical conditions or treatments for addition to the list
of debilitating medical conditions under the administrative rules.
(1) A majority of the panel members shall be licensed
physicians, and the panel shall provide recommendations to the
department regarding whether the petitions should be approved or
(2) Members of the review panel shall include, but not be
limited to, the Michigan chief medical executive and 7 appointed
members of the advisory committee on pain and symptom management as
described in section 16204a of the public health code, 1978 PA 368,
MCL 333.16204a. The 7 review panel members from the advisory
committee on pain and symptom management shall include 4 licensed
physicians and 3 nonphysicians.
(3) The department shall provide staff support to the review
panel to assist with scheduling meetings, conference calls, and
disseminating petition-related materials and to perform other
administrative duties related to the performance of the panel's
(4) A quorum of the review panel shall concur with the
recommendation in order to be considered an official recommendation
of the panel. For the purpose of this subdivision, a majority of
the members appointed to and serving on the review panel constitute
(5) The department shall accept a written petition from any
person requesting that a particular medical condition or treatment
be included in the list of debilitating medical conditions under
the administrative rules.
(6) The department shall submit the written petition to the
review panel. Within 60 days of receipt of the petition, the panel
shall make a recommendation to the department regarding approval or
denial of the petition.
(7) Upon receipt of a recommendation from the review panel,
the department shall do all of the following:
(A) Post the panel's recommendations on the department's
website for public comment for a period of 60 days.
(B) Hold a public hearing within the 60-day time period that
the recommendation from the panel is posted on the department's
(C) Give notice of the public hearing not less than 10 days
before the date of the hearing.
(8) After the public hearing, the department shall forward
comments made during the hearing to the panel for review. If, based
on a review of the comments, the panel determines that substantive
changes should be made to its initial recommendation, the petition
shall be denied, the department shall provide the petitioner with a
copy of the initial recommendation and an explanation of the
substantive changes, and the petitioner may resubmit the petition
to the department at any time. If no changes are made to the
initial recommendation or the changes are minor and do not affect
the general content of the recommendation, the department shall
forward the recommendation to the department director for a final
determination on the petition.
(9) Within 180 days after the date the petition is filed with
the department, the department director shall make a final
determination on the petition. The approval or denial of the
petition is a final department action subject to judicial review.
(10) If the petition is approved, the department shall create
a document verifying the addition of the new medical condition or
treatment to the list of debilitating medical conditions identified
under the administrative rules. The department shall develop a
policy that, until this act is amended to officially recognize the
medical condition as a qualifying debilitating medical condition
under section 3, allows the new medical condition to be used to
qualify an individual for a registry identification card.
(l) As used in this section, "state or local law enforcement
officer or official" means any of the following:
(1) A sheriff or deputy sheriff of a county of this state.
(2) An officer of the police department of a city, village, or
township of this state.
(3) A marshal of a city, village, or township of this state.
(4) A constable of any local unit of government of this state.
(5) An officer of the Michigan state police.
(6) A security employee employed by this state and granted
limited arrest authority under section 6c of 1935 PA 59, MCL 28.6c.
(7) A motor carrier officer appointed under section 6d of 1935
PA 59, MCL 28.6d.
(8) A police officer or public safety officer of a community
college, college, or university in this state who is authorized by
the governing board of that community college, college, or
university to enforce state law and the rules and ordinances of
that community college, college, or university.
(9) A park and recreation officer commissioned under section
1606 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.1606.
(10) A state forest officer commissioned under section 83107
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.83107.
(11) A judge of the district court, circuit court, or probate
court of this state.
(12) A parole or probation officer of this state.