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).
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.
(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
(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
(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
(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
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
(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.