HB-4271, As Passed House, December 12, 2013

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4271

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to regulate medical marihuana provisioning centers and

 

other related entities; to provide for the powers and duties of

 

certain state and local governmental officers and entities; to

 

provide immunity for persons engaging in medical marihuana-related

 

activities in compliance with this act; to prescribe penalties and

 

sanctions and provide remedies; and to allow the promulgation of

 

rules.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"medical marihuana provisioning center regulation act".

 

     Sec. 2. As used in this act:

 

     (a) "Debilitating medical condition" means that term as

 

defined in section 3 of the Michigan medical marihuana act, MCL

 

333.26423.


 

     (b) "Excluded felony offense" means a felony involving illegal

 

drugs. Excluded felony offense does not include a conviction for

 

activity allowed under the Michigan medical marihuana act or this

 

act, even if the activity occurred before the enactment of this act

 

or the Michigan medical marihuana act.

 

     (c) "Marihuana" means that term as defined in section 3 of the

 

Michigan medical marihuana act, MCL 333.26423.

 

     (d) "Medical marihuana" means marihuana for medical use as

 

that term is defined in section 3 of the Michigan medical marihuana

 

act, MCL 333.26423.

 

     (e) "Medical marihuana provisioning center" or "provisioning

 

center" means a commercial entity located in this state that

 

acquires, possesses, manufactures, delivers, transfers, or

 

transports medical marihuana and sells, supplies, or provides

 

medical marihuana to registered qualifying patients, directly or

 

through the patients' registered primary caregivers. Provisioning

 

center includes any commercial property where medical marihuana is

 

sold to registered qualifying patients and registered primary

 

caregivers. The location used by a primary caregiver to assist a

 

qualifying patient connected to the caregiver through the

 

department's medical marihuana registration process in accordance

 

with the Michigan medical marihuana act is not a provisioning

 

center for purposes of this act.

 

     (f) "Michigan medical marihuana act" means the Michigan

 

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.

 

     (g) "Municipality" means a city, township, or village.

 

     (h) "Paraphernalia" means drug paraphernalia as defined in


House Bill No. 4271 (H-3) as amended December 11, 2013

 

section 7451 of the public health code, 1978 PA 368, MCL 333.7451,

 

that is or may be used in association with medical marihuana.

 

     (i) "Provisioning center agent" means a principal officer,

 

board member, employee, or operator, or any other individual acting

 

as an agent of a provisioning center.

 

     (j) "Registered primary caregiver" means a person who has a

 

valid, unexpired registry identification card as a primary

 

caregiver or who satisfies the criteria listed in section 9(b) or

 

(c) of the Michigan medical marihuana act, MCL 333.26429, and

 

possesses the documentation that constitutes a valid registry

 

identification card under that section.

 

     (k) "Registered qualifying patient" means a person who meets

 

any of the following requirements:

 

     (i) Has a valid, unexpired registry identification card as a

 

qualifying patient.

 

     (ii) Satisfies the criteria listed in section 9(b) or (c) of

 

the Michigan medical marihuana act, MCL 333.26429, and possesses

 

the documentation that constitutes a valid registry identification

 

card under that section.

 

     (l) "Registry identification card" means that term as defined

 

in section 3 of the Michigan medical marihuana act, MCL 333.26423.

 

     (m) "Safety compliance facility" means an entity that tests

 

marihuana produced for medical use for contaminants.

 

     (n) "Safety compliance facility agent" means a principal

 

officer, board member, employee, operator, or agent of a safety

 

compliance facility.

 

     [                                                              


House Bill No. 4271 (H-3) as amended December 11, 2013

 

                                                            

 

        

 

     (o)] "Usable marihuana" means the dried leaves, flowers, plant

 

resin, or extract of the marihuana plant and any mixture or

 

preparation thereof, but does not include the seeds, stalks, or

 

roots of the plant or any inactive substance used as a delivery

 

medium for usable marihuana.

 

     [(p)] "Visiting qualifying patient" means a patient who is not a

 

resident of this state or who has been a resident of this state for

 

less than 30 days and who possesses a registry identification card,

 

or its equivalent, that was issued under the laws of another state,

 

district, territory, commonwealth, or insular possession of the

 

United States and that allows the use of medical marihuana by the

 

patient.

 

     Sec. 3. (1) Except as otherwise provided in this act, if a

 

provisioning center has been granted any applicable required

 

municipal registration or license and is operating in compliance

 

with this act and any applicable municipal ordinance, the

 

provisioning center and the provisioning center agents acting on

 

its behalf are not subject to any of the following for engaging in

 

activities described in subsection (2):

 

     (a) Criminal penalties under state law or local ordinances.

 

     (b) State or local civil prosecution.

 

     (c) Search or inspection, except for an inspection authorized

 

by the municipality.

 

     (d) Seizure.

 

     (e) Any sanction, including disciplinary action or denial of a


 

right or privilege, by a business or occupational or professional

 

licensing board or bureau.

 

     (2) Activities that are exempt from regulation and sanctions

 

under subsection (1) include all of the following:

 

     (a) Purchasing, receiving, selling, or transferring marihuana

 

from or to visiting qualifying patients, registered qualifying

 

patients, registered primary caregivers, or provisioning centers.

 

     (b) Purchasing or receiving medical marihuana from 1 or more

 

other provisioning centers if purchasing or receiving medical

 

marihuana from the provisioning center is not prohibited by the

 

municipality where the provisioning center is located.

 

     (c) Purchasing or receiving medical marihuana from a

 

registered qualifying patient or a registered primary caregiver if

 

purchasing or receiving medical marihuana from a registered

 

qualifying patient or registered primary caregiver is not

 

prohibited by the municipality where the provisioning center is

 

located and if the amount purchased does not exceed the registered

 

qualifying patient's or registered primary caregiver's medical

 

marihuana possession limits under the Michigan medical marihuana

 

act.

 

     (d) Processing medical marihuana.

 

     (e) Possessing or manufacturing paraphernalia.

 

     (f) Possessing medical marihuana processed by the provisioning

 

center or obtained pursuant to subdivision (a) or (b) on the

 

provisioning center premises or while the medical marihuana is

 

being transported pursuant to this section.

 

     (g) Processing or manufacturing nonsmokable forms of medical


 

marihuana.

 

     (h) If not prohibited by municipal law, transporting medical

 

marihuana between the provisioning center and another provisioning

 

center or a safety compliance facility.

 

     (i) Transporting or delivering medical marihuana or

 

paraphernalia to the residence of a registered qualifying patient

 

or a registered primary caregiver if transportation and delivery

 

are not prohibited by the municipality in which the transportation

 

and delivery occur.

 

     (j) Supplying, selling, providing, transferring, or delivering

 

medical marihuana, paraphernalia, or related supplies and

 

educational materials in compliance with the procedures and

 

limitations detailed in section 7(11) to (13) and the testing and

 

labeling requirements in section 7(4).

 

     Sec. 3a. An entity that, on the effective date of this act, is

 

operating in this state as a provisioning center, is operating and

 

continues to otherwise operate in compliance with this act, and is

 

not prohibited by any applicable municipal ordinance may continue

 

to operate as a provisioning center under this act. An entity

 

described in this section is considered a provisioning center under

 

this act, and the entity and the agents acting on its behalf are

 

eligible for the immunity provided in this act and are subject to

 

the penalties, sanctions, and remedies prescribed or provided in

 

this act.

 

     Sec. 4. (1) Except as otherwise provided in this act, a safety

 

compliance facility that has been granted any applicable required

 

municipal registration or license and is operating in compliance


 

with any applicable municipal ordinance and this act is not subject

 

to any of the following for engaging in activities described in

 

subsection (2):

 

     (a) Criminal penalties under state law or local ordinances.

 

     (b) State or local civil prosecution.

 

     (c) Search or inspection, except for an inspection authorized

 

by the municipality.

 

     (d) Seizure.

 

     (e) Any sanction, including disciplinary action or denial of a

 

right or privilege, by a business or occupational or professional

 

licensing board or bureau.

 

     (2) Activities that are exempt from regulation and sanction

 

under subsection (1) include all of the following:

 

     (a) Acquiring or possessing medical marihuana obtained from

 

registered qualifying patients, registered primary caregivers, or

 

provisioning centers.

 

     (b) Returning the medical marihuana to the registered

 

qualifying patient, registered primary caregiver, or provisioning

 

center that delivered the medical marihuana to the safety

 

compliance facility.

 

     (c) Transporting medical marihuana to or from a registered

 

qualifying patient, registered primary caregiver, or provisioning

 

center.

 

     (d) Possessing medical marihuana on the safety compliance

 

facility's premises for testing, if the medical marihuana was

 

obtained pursuant to subdivision (a) or (b).

 

     (e) Receiving compensation for actions permitted pursuant to


 

this section and municipal law.

 

     Sec. 5. (1) A municipality may prohibit the operation of

 

provisioning centers or safety compliance facilities within the

 

municipality. A provisioning center is not exempt under section 3

 

from state criminal and civil penalties if it operates in a

 

municipality that prohibits provisioning centers. A safety

 

compliance facility is not exempt under section 4 from state

 

criminal and civil penalties if it operates in a municipality that

 

prohibits safety compliance facilities.

 

     (2) A municipality may enact an ordinance to impose and

 

enforce additional local requirements on provisioning centers or

 

safety compliance facilities. A municipality may require and issue

 

a registration or license to a provisioning center or safety

 

compliance facility and may regulate operations and impose civil or

 

criminal penalties for the violations of the local ordinance. A

 

municipality may charge a registration or licensing fee for a

 

provisioning center or safety compliance facility that does not

 

exceed the costs to the municipality of regulation, licensing,

 

testing, and inspection.

 

     (3) A provisioning center or safety compliance facility

 

located in a municipality that requires a registration or license

 

is exempt under section 3 or 4 from criminal penalties only if the

 

provisioning center or safety compliance facility holds that

 

license or registration.

 

     (4) A municipality shall require, as a condition of

 

registration or licensure, that a provisioning center or a safety

 

compliance facility provide results of testing of its medical


 

marihuana and medical marihuana products for quality control,

 

purity, contaminants, or any other analysis to protect the health

 

and safety of registered qualifying patients and to assure

 

compliance with this act and an ordinance adopted by the

 

municipality as described in this section.

 

     Sec. 6. (1) The exemptions for a provisioning center or safety

 

compliance facility under section 3 or 4 apply only if the

 

indicated activities are carried out in compliance with this act.

 

     (2) Except for the Michigan medical marihuana act, all other

 

acts and parts of acts inconsistent with this act do not apply to

 

the use of medical marihuana as provided for by this act.

 

     (3) This act does not limit the ability of a primary caregiver

 

to assert the medical purpose defense provided in section 8 of the

 

Michigan medical marihuana act, 2008 IL 1, MCL 333.26428, to any

 

prosecution involving marihuana.

 

     Sec. 7. (1) Unless explicitly allowed by a municipal ordinance

 

that was in effect before the effective date of this act, a

 

provisioning center or a safety compliance facility shall not be

 

located within 1,000 feet of the property line of a preexisting

 

primary or secondary school.

 

     (2) A provisioning center shall not share office space with a

 

physician.

 

     (3) The premises of a provisioning center shall have a

 

security alarm system that is enabled when a provisioning center

 

agent is not present.

 

     (4) A provisioning center shall not sell, transfer, or

 

provide a preparation that includes usable marihuana for


 

ingestion or topical application unless the preparation has been

 

tested by a safety compliance facility and is enclosed in a

 

container that bears a securely affixed label displaying all of

 

the following information:

 

     (a) The name of the registered qualifying patient or

 

visiting qualifying patient for whom the preparation is

 

obtained.

 

     (b) Certification that the product has been tested by a

 

licensed safety compliance facility as required in section 12

 

and does not contain detectable mold, mildew, fungi, or

 

pesticides.

 

     (c) The total weight of the preparation and the weight of the

 

usable marihuana in the container. The weight of usable marihuana

 

in the container shall be calculated as the same fraction of the

 

total weight of the usable marihuana that was used in preparing the

 

product as the fraction that the preparation in the container is of

 

the total amount of product made from that usable marihuana. If the

 

provisioning center does not prepare the usable marihuana for

 

ingestion or topical application, it shall obtain documentation

 

from the preparer with the information necessary to determine the

 

usable marihuana content.

 

     (d) The words "WARNING: This product contains marihuana. For a

 

registered qualifying patient's medical use only." or substantially

 

similar text.

 

     (5) A provisioning center that advertises medical marihuana

 

for sale shall not include an image of a marihuana leaf or a

 

marihuana cigarette and shall not depict favorably or promote


 

nonmedical, social use of marihuana in the advertisement.

 

     (6) A provisioning center or safety compliance facility shall

 

not knowingly employ an individual who has been convicted of an

 

excluded felony offense during the immediately preceding 10-year

 

period or who is under 21 years of age. A provisioning center or

 

safety compliance facility shall perform a background check on an

 

individual before he or she is offered employment to verify that he

 

or she has not been convicted of an excluded felony offense during

 

the immediately preceding 10-year period.

 

     (7) A provisioning center shall maintain records listing each

 

individual employed by the provisioning center, including the

 

beginning employment date and the date a background check was

 

performed.

 

     (8) A provisioning center shall not allow on-site consumption

 

of medical marihuana, except that a provisioning center agent or

 

employee who is a registered qualifying patient may be permitted to

 

use a medical marihuana-infused topical product.

 

     (9) A provisioning center shall not provide more usable

 

marihuana or marihuana–infused products in solid form, gaseous

 

form, or liquid form to an individual in any 10-day period than the

 

amount for which the individual is granted immunity for possession

 

under the Michigan medical marihuana act.

 

     (10) A provisioning center shall ensure compliance with the

 

limit under subsection (9) by maintaining internal, confidential

 

records that specify the amount of medical marihuana provided to

 

each registered qualifying patient and registered primary caregiver

 

and whether it was provided to the registered primary caregiver or


 

directly to the registered qualifying patient. Each entry shall

 

include the date and time the medical marihuana was provided.

 

Entries shall be maintained for at least 90 days. For any

 

registered qualifying patient or registered qualifying caregiver in

 

possession of a registry identification card, a record shall be

 

kept using the patient's or caregiver's registry identification

 

card number instead of the patient's or caregiver's name.

 

Confidential records under this act are subject to reasonable

 

inspection by a municipal employee authorized to inspect

 

provisioning centers under municipal law to ensure compliance with

 

this act, but may be stored off-site. Confidential records under

 

this act are exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246. Except as

 

otherwise required by a court order, a provisioning center shall

 

not disclose confidential records to any person other than a

 

municipal employee performing an inspection in compliance with this

 

subsection or to a provisioning center agent.

 

     (11) A provisioning center agent shall not provide, transfer,

 

or sell medical marihuana to an individual knowing that the

 

individual is not a registered qualifying patient, registered

 

primary caregiver, or provisioning center agent working on behalf

 

of a provisioning center that is not prohibited from operating or

 

obtaining medical marihuana from other provisioning centers under

 

municipal law.

 

     (12) Before medical marihuana is provided or sold from a

 

provisioning center, in addition to complying with subsection (13),

 

a provisioning center agent shall do 1 of the following:


 

     (a) Verify that the individual requesting medical marihuana

 

holds what the provisioning center agent reasonably believes to be

 

a valid, unexpired registry identification card.

 

     (b) Require the individual requesting medical marihuana to do

 

all of the following:

 

     (i) Certify that he or she is a qualifying patient who

 

submitted a valid, complete application for a registry

 

identification card under the Michigan medical marihuana act at

 

least 20 days earlier.

 

     (ii) Certify that, to the best of his or her knowledge, this

 

state has not denied the application described in subparagraph (i)

 

or issued a registry identification card.

 

     (iii) Present a copy of the completed registry identification

 

card application and proof of receipt by the state department that

 

processes medical marihuana registry identification card

 

applications at least 20 days before the date of the requested sale

 

or transaction.

 

     (c) If the individual requesting medical marihuana indicates

 

that he or she is a provisioning center agent, make a diligent,

 

good-faith effort to verify that the individual is a provisioning

 

center agent for a provisioning center that is allowed to operate

 

by a municipality.

 

     (13) Before medical marihuana is provided or sold from a

 

provisioning center, a provisioning center agent shall make a

 

diligent, good-faith effort to determine that the individual named

 

in the registry identification card or other documentation

 

submitted under subsection (12) is the individual seeking to obtain


 

medical marihuana, by examining what the provisioning center agent

 

reasonably believes to be valid government-issued photo

 

identification.

 

     (14) An individual who is under 21 years of age or who has

 

been convicted of an excluded felony offense during the immediately

 

preceding 10-year period shall not serve as a provisioning center

 

agent or safety compliance facility agent.

 

     (15) A provisioning center agent shall not, for monetary

 

compensation, refer an individual to a physician.

 

     (16) A provisioning center or safety compliance facility shall

 

not permit a physician to advertise in a provisioning center or

 

safety compliance facility or to hold any financial interest in or

 

receive any compensation from the provisioning center or safety

 

compliance facility.

 

     (17) A provisioning center agent or safety compliance facility

 

agent shall not transport or possess medical marihuana on behalf of

 

the provisioning center or safety compliance facility in or upon a

 

motor vehicle or any self-propelled vehicle designed for land

 

travel unless all of the following conditions are met:

 

     (a) The agent possesses a document signed and dated by a

 

manager or operator of the provisioning center or safety compliance

 

facility that employs the agent, stating the agent's name, the date

 

the medical marihuana will be transported, the approximate amount

 

of medical marihuana transported, and the name of the provisioning

 

center or safety compliance facility from which the medical

 

marihuana is being transported.

 

     (b) The medical marihuana is located in 1 or more of the


 

following:

 

     (i) An enclosed locked container, such as a safe, briefcase, or

 

other case.

 

     (ii) The trunk of the vehicle.

 

     (iii) A space that is inaccessible from the passenger

 

compartment of the vehicle.

 

     Sec. 8. (1) A provisioning center that violates section 7(1)

 

or (2) is responsible for a state civil infraction and may be

 

ordered to pay a civil fine of not more than $5,000.00. A

 

municipality in which the provisioning center or safety compliance

 

facility operates in violation of section 7(1) or (2) may petition

 

the court for an injunction to close the provisioning center or

 

safety compliance facility.

 

     (2) A person who violates section 7(3) to (10), (15), or (16)

 

is responsible for a state civil infraction and may be ordered to

 

pay a civil fine of not more than $1,000.00.

 

     (3) A person who transfers medical marihuana in violation of

 

section 7(11) to (13) or who works in violation of section 7(14) is

 

not exempt under section 3 or 4 from arrest, prosecution, or

 

criminal or other penalties.

 

     (4) A person who violates section 7(17) is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both.

 

     Sec. 9. (1) A municipality may establish procedures to suspend

 

or revoke a registration, license, or other permission to operate

 

if a provisioning center knowingly or negligently allows medical

 

marihuana to be provided to an individual who is not a registered


 

qualifying patient or registered primary caregiver or if a

 

provisioning center or safety compliance facility commits multiple

 

or serious violations of this act or 1 or more local ordinances.

 

     (2) This act does not require the violation of federal law and

 

does not give immunity from prosecution under federal law.

 

     (3) This act does not prevent federal enforcement of federal

 

law.

 

     (4) Sections 3, 4, and 10 do not exempt a provisioning

 

center or its agents, safety compliance facility or its agents,

 

visiting qualifying patient, registered qualifying patient, or

 

registered primary caregiver from criminal penalties or civil

 

prosecution under a law of general application that would apply

 

even if medical marihuana or paraphernalia were not involved.

 

     (5) A provisioning center or safety compliance facility is

 

not exempt from criminal or civil prosecution or sanctions for

 

cultivating marihuana.

 

     Sec. 10. (1) Except as otherwise provided in this act, a

 

visiting qualifying patient, registered qualifying patient, or

 

registered primary caregiver who supplies, sells, transfers, or

 

delivers marihuana to a provisioning center that is registered,

 

licensed, or otherwise allowed by the municipality in which it

 

operates in compliance with this act is not subject to any of the

 

following for engaging in that activity:

 

     (a) Criminal penalties under state law or local ordinances.

 

     (b) State or local civil prosecution.

 

     (c) Search or inspection, except for an inspection authorized

 

by the municipality.


House Bill No. 4271 (H-3) as amended December 11, 2013

 

     (d) Seizure.

 

     (e) Any sanction, including disciplinary action or denial of a

 

right or privilege, by a business or occupational or professional

 

licensing board or bureau.

 

     (2) Except as otherwise provided in this act, a registered

 

qualifying patient is not subject to any of the inspections or

 

sanctions listed in subsection (1)(a) to (e) for any of the

 

following:

 

     (a) Purchasing or acquiring [usable marihuana or marihuana-infused

 

products in solid form, gaseous form, or liquid form from 1 or more

 

provisioning centers if the amount purchased or acquired in any 10-day

period is not more than the amount for which the individual is granted immunity for possession under the Michigan medical marihuana act.]                                                            

     (b) Supplying, selling, transferring, or delivering medical

 

marihuana to a provisioning center that is registered, licensed, or

 

otherwise allowed by the municipality in which it operates if all

 

of the following requirements are met:

 

     (i) The medical marihuana was produced by the registered

 

qualifying patient or registered primary caregiver.

 

     (ii) The municipality in which the provisioning center operates

 

allows the transfer of medical marihuana from a registered

 

qualifying patient to a provisioning center.

 

     (iii) The amount of medical marihuana transferred does not

 

exceed the amount of medical marihuana the registered qualifying

 

patient is allowed to possess under the Michigan medical marihuana

 

act.

 

     (3) Except as otherwise provided in this act, a registered

 

primary caregiver is not subject to any of the inspections or

 

sanctions listed in subsection (1)(a) to (e) for any of the


House Bill No. 4271 (H-3) as amended December 11, 2013

 

following:

 

     (a) Purchasing or acquiring [usable marihuana or marihuana-infused

 

 products in solid form, gaseous form, or liquid form from 1 or more

 

 provisioning centers if the amount purchased or acquired in any 10-day

 

 period is not more than the amount for which the individual is granted

 

 immunity for possession under the Michigan medical marihuana act.

 

                                                            ]

 

     (b) Supplying, selling, transferring, or delivering medical

 

marihuana to a provisioning center that is registered, licensed, or

 

otherwise allowed by the municipality in which it operates if all

 

of the following requirements are met:

 

     (i) The medical marihuana was produced by the registered

 

primary caregiver and is excess medical marihuana above the amount

 

necessary to satisfy the needs of the registered qualifying

 

patients the primary caregiver is designated to serve.

 

     (ii) The municipality in which the provisioning center operates

 

allows the transfer of medical marihuana from a registered primary

 

caregiver to a provisioning center.

 

     (iii) The amount of medical marihuana transferred does not

 

exceed the amount of medical marihuana the registered primary

 

caregiver is allowed to possess under the Michigan medical

 

marihuana act.

 

     Sec. 11. (1) A municipality shall not issue a license to a

 

laboratory as a safety compliance facility unless the laboratory is

 

able to accurately determine whether any of the following are

 

present in marihuana, edible marihuana products, and marihuana-

 

infused products that are sold or may be sold at medical marihuana


 

provisioning centers in this state:

 

     (a) Mold, mildew, or fungi.

 

     (b) Pesticides.

 

     (2) A laboratory shall not handle, test, or analyze marihuana

 

after March 31, 2015 unless the laboratory meets all of the

 

following conditions:

 

     (a) The laboratory is licensed as a safety compliance facility

 

by a local municipality.

 

     (b) A person with a direct or indirect interest in the

 

laboratory does not have a direct or indirect financial interest in

 

a provisioning center, marihuana producer, certifying physician, or

 

any other entity that may financially benefit from the production,

 

manufacture, dispensing, sale, purchase, or use of marihuana.

 

     (c) The laboratory employs at least 1 individual who has

 

earned a bachelor's degree or higher in the chemical or biological

 

sciences and has a minimum of 1 year of postgraduate laboratory

 

experience to oversee and be responsible for laboratory testing.

 

     (d) The laboratory is accredited by a private laboratory

 

accreditation service.

 

     Sec. 12. (1) Beginning April 1, 2015, a provisioning center

 

shall not distribute or sell any product containing marihuana

 

unless the product has been tested for mold, mildew, fungi, and

 

pesticides by a licensed safety compliance facility and does not

 

contain detectable mold, mildew, fungi, or pesticides. A

 

provisioning center shall make the laboratory test results

 

available upon request to a qualifying patient, a primary

 

caregiver, the licensing municipality, or a physician who has


 

 

certified a qualifying patient.

 

     (2) If a medical marihuana provisioning center elects to

 

manufacture and distribute a marihuana-infused product, as defined

 

in the Michigan medical marihuana act, the medical marihuana

 

provisioning center must comply with all of the following:

 

     [(a) Keep the grounds of the provisioning center under the control

 

of the operator free from improperly stored equipment, litter, waste,

 

refuse, and uncut weeds or grass and assure that floors, walls, ceilings,

 

and equipment are kept clean and in good repair.

 

     (b) Keep food preparation areas separated from poisons, undesirable

 

microorganisms, chemicals, filth, or other extraneous material by

 

partition, location, or other effective means. Marihuana is not

prohibited in food preparation areas under this subdivision.

     (c) Provide adequate lighting in all areas where food or food ingredients are examined, processed, or stored, and in hand washing areas, toilet rooms, and places where equipment or utensils are cleaned.

     (d) Provide adequate ventilation or control equipment to minimize odors and noxious fumes, dust, or vapors, including steam, in areas where they may contaminate food.

     (e) Ensure that all provisioning center equipment and utensils are suitable for their intended use and are designed and constructed with material and workmanship that allows them to be cleanable and properly maintained.

     (f) Ensure that the provisioning center is properly equipped with adequate sanitary facilities and accommodations.

     (g) Ensure that the provisioning center has a water supply that is sufficient for the operations intended and is derived from an approved source.

     (h) Ensure that all sewage and liquid waste is disposed of in a public or municipal sewerage system, or, if an adequate public disposal system is not available, in an approved septic tank system or by another acceptable method that does not create a nuisance, insanitary condition, or public health hazard.

     (i) Provide employees with adequate, completely enclosed toilet rooms and conveniently located associated hand washing facilities that are maintained in a sanitary condition and kept in good repair at all times.

     (j) Provide adequate and convenient facilities for hand washing that are furnished with hot and cold or tempered running water, effective House Bill No. 4271 (H-3) as amended December 12, 2013      (2 of 3)

hand cleaning and sanitizing preparations, disposable sanitary towel service or suitable drying devices, and easily cleanable waste receptacles.

     (k) Provide for conveying, storing, and disposal of rubbish and offal in a manner that minimizes odor, prevents waste from becoming an attractant or a harbor or breeding place for vermin, and prevents contamination of food, food contact surfaces, ground surfaces, and water supplies.

     (l) Maintain the building, fixtures, and other physical facilities of the provisioning center in good repair and in sanitary condition.

     (m) Prohibit live birds or other animals in the provisioning center, except that a guide dog accompanying a blind person is permitted in selling areas.

     (n) Clean all utensils and product contact surfaces of equipment as frequently as necessary to prevent contamination of food and food products and all nonproduct contact surfaces of equipment used in food preparation areas as frequently as necessary to minimize accumulation of dust, dirt, food particles, and other debris.

     (o) Conduct all operations in receiving, inspecting, transporting, packaging, segregating, preparing, processing, and food storing areas in accordance with good sanitation principles and take all reasonable precautions to assure that production procedures do not contribute contamination, such as filth, harmful chemicals, undesirable microorganisms, or any other objectionable material, to the processed product.

     (p) Conduct all food processing, packaging, storage, and transporting of food under conditions and controls that minimize the potential for undesirable bacterial or other microbiological growth, toxin formation, or deterioration or contamination of the processed product, product ingredients, or product containers.

     (q) Ensure that all food and drink is clean and wholesome, and manufactured, handled, stored, prepared, transported, offered for sale, and sold in a manner that keeps it safe for human consumption.

     (r) Not allow an individual who is affected by a disease in a communicable form, a carrier of such a disease, or afflicted with boils, sores, infected wounds, or other abnormal sources of microbiological contamination to work in the provisioning center in any capacity in which there is a reasonable possibility that food or food ingredients will become contaminated or that the disease will be transmitted to other individuals.

     (s) Require all individuals working in direct contact with food preparation, food ingredients, or surfaces coming into contact with food ingredients to do all of the following:

     (i) Wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty to the extent necessary to prevent contamination of food products.

     (ii) Before starting work, after each absence from the work station, and at any other time when hands may have become soiled or contaminated, wash their hands thoroughly in an adequate hand washing facility and sanitize their hands if necessary to prevent contamination.

House Bill No. 4271 (H-3) as amended December 12, 2013      (3 of 3) (iii) Remove any jewelry that cannot be adequately sanitized and all insecure jewelry from hands when food is manipulated by hand.

     (iv) Maintain any gloves used in food handling in an intact, clean, and sanitary condition and use only gloves made of an impermeable material, except when that usage would be inappropriate or incompatible with the work involved.

     (v) Wear effective hairnets, headbands, or caps to constrain the hair properly.

     (vi) Refrain from storing clothing or other personal belongings, eating, drinking, or using tobacco in any form in areas where food or food ingredients are exposed, or in areas used for washing equipment or utensils.

     (vii) Take any other necessary precautions to prevent contamination of foods with microorganisms or other foreign substances, including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals, and medicants.]

 

     (3) Subsection (2) does not prohibit a municipality from

 

imposing additional regulations on medical marihuana provisioning

 

centers that elect to manufacture and distribute a marihuana-

 

infused product.

[(4) The local county health department shall inspect a provisioning center at least annually for compliance with subsections (2) and (3). The provisioning center shall pay for all costs associated with the inspection under this subsection.]