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
(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, have been taken within the
immediately preceding 6 months, and meet all of the following
(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.
(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
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
(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 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
(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.
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:
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 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
(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.