HOUSE BILL No. 4834

 

June 29, 2011, Introduced by Reps. Haines, Haveman, McBroom, Franz, Horn, Jacobsen, MacGregor, Knollenberg, Bumstead, Wayne Schmidt, Glardon, Opsommer, MacMaster, Moss, Huuki, Crawford, Kowall, Liss, Heise, Cotter and Tyler and referred to the Committee on Judiciary.

 

     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

 

required;

 

     (4) Name, address, and telephone number of the qualifying

 


patient's physician;

 

     (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, have been taken within the

 

immediately preceding 6 months, and meet all of the following

 

specifications:

 

     (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

 

or headgear.

 

     (D) The applicant 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

 

patient.

 

     (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

 

expire 1 year after the date of issuance. Registry identification

 

cards shall contain all of the following:

 

     (1) Name, address, and date of birth of the qualifying

 


patient.

 

     (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

 

identification card.

 

     (4) A random identification number.

 

     (5) A photograph , if the department requires 1 by rule.as

 

described in subdivision (7).

 

     (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

 

patient's preference.

 

     (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 Except as otherwise provided in this act,

 

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 governmental agency.

 

     (h) The following confidentiality rules shall apply:

 

     (1) 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

 

cards. 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.

 

     (3) 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 in the course of

 

their official duties.

 

     (B) State or local law enforcement officers or officials, but

 

only as to inquiries made in the course of their official duties

 

and as to information associated with an individual for whom the

 

officers or official provides either a name and date of birth or a

 

registry identification number.

 

     (4) A person, including an employee or official of the

 


department or another state agency or local unit of government, who

 

discloses confidential information in violation of this act 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

 

identification cards.

 

     (2) The number of qualifying patients and primary caregivers

 

approved in each county.

 

     (3) The nature of the debilitating medical conditions of the

 

qualifying patients.

 

     (4) The number of registry identification cards revoked.

 

     (5) The number of physicians providing written certifications

 

for qualifying patients.