May 12, 2011, Introduced by Senators BOOHER, JONES, ANDERSON, NOFS, PAPPAGEORGE, HOPGOOD, HANSEN and PROOS 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).




     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


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.


     (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. Within 48 hours after


issuing a registry identification card, the department shall


forward information concerning issuance of the card to the


department of state police. The department of state police shall


make the information concerning registry identification cards


available to state and local police officers in a form that allows


immediate access to information necessary to determine whether an


individual in custody for possession or distribution of marihuana


possession is a qualifying patient or primary caregiver. 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


identification card.


     (4) A random identification number.


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


     (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.


Within 48 hours after the department's notification to the patient,


the department shall notify the department of state police of the


voiding of a registry identification card.


     (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


governmental agency.


     (h) The following confidentiality rules shall apply:


     (1) 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 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.and shall disclose


other registry information to the department of state police as


provided in subsection (e).


     (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.