HOUSE BILL No. 4210

 

February 17, 2015, Introduced by Reps. Lyons, Goike, Bumstead, Yonker, Kelly, Pettalia, Callton, Pscholka, Potvin, Dillon, Irwin, Hoadley, Maturen, Singh, Sarah Roberts and Kosowski and referred to the Committee on Judiciary.

 

     A bill to amend 2008 IL 1, entitled

 

"Michigan medical marihuana act,"

 

by amending sections 3, 4, 6, 7, and 8 (MCL 333.26423, 333.26424,

 

333.26426, 333.26427, and 333.26428), sections 3, 4, and 8 as

 

amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and

 

by adding section 4a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     3. Definitions.

 

     Sec. 3. As used in this act:

 

     (a) "Bona fide physician-patient relationship" means a

 

treatment or counseling relationship between a physician and

 

patient in which all of the following are present:

 

     (1) The physician has reviewed the patient's relevant medical

 

records and completed a full assessment of the patient's medical

 


history and current medical condition, including a relevant, in-

 

person, medical evaluation of the patient.

 

     (2) The physician has created and maintained records of the

 

patient's condition in accord with medically accepted standards.

 

     (3) The physician has a reasonable expectation that he or she

 

will provide follow-up care to the patient to monitor the efficacy

 

of the use of medical marihuana as a treatment of the patient's

 

debilitating medical condition.

 

     (4) If the patient has given permission, the physician has

 

notified the patient's primary care physician of the patient's

 

debilitating medical condition and certification for the medical

 

use of medical marihuana to treat that condition.

 

     (b) "Debilitating medical condition" means 1 or more of the

 

following:

 

     (1) Cancer, glaucoma, positive status for human

 

immunodeficiency virus, acquired immune deficiency syndrome,

 

hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,

 

agitation of Alzheimer's disease, nail patella, or the treatment of

 

these conditions.

 

     (2) A chronic or debilitating disease or medical condition or

 

its treatment that produces 1 or more of the following: cachexia or

 

wasting syndrome; severe and chronic pain; severe nausea; seizures,

 

including but not limited to those characteristic of epilepsy; or

 

severe and persistent muscle spasms, including but not limited to

 

those characteristic of multiple sclerosis.

 

     (3) Any other medical condition or its treatment approved by

 

the department, as provided for in section 6(k).

 


     (c) "Department" means the department of licensing and

 

regulatory affairs.

 

     (d) "Enclosed, locked facility" means a closet, room, or other

 

comparable, stationary, and fully enclosed area equipped with

 

secured locks or other functioning security devices that permit

 

access only by a registered primary caregiver or registered

 

qualifying patient. Marihuana plants grown outdoors are considered

 

to be in an enclosed, locked facility if they are not visible to

 

the unaided eye from an adjacent property when viewed by an

 

individual at ground level or from a permanent structure and are

 

grown within a stationary structure that is enclosed on all sides,

 

except for the base, by chain-link fencing, wooden slats, or a

 

similar material that prevents access by the general public and

 

that is anchored, attached, or affixed to the ground; located on

 

land that is owned, leased, or rented by either the registered

 

qualifying patient or a person designated through the departmental

 

registration process as the primary caregiver for the registered

 

qualifying patient or patients for whom the marihuana plants are

 

grown; and equipped with functioning locks or other security

 

devices that restrict access to only the registered qualifying

 

patient or the registered primary caregiver who owns, leases, or

 

rents the property on which the structure is located. Enclosed,

 

locked facility includes a motor vehicle if both of the following

 

conditions are met:

 

     (1) The vehicle is being used temporarily to transport living

 

marihuana plants from 1 location to another with the intent to

 

permanently retain those plants at the second location.

 


     (2) An individual is not inside the vehicle unless he or she

 

is either the registered qualifying patient to whom the living

 

marihuana plants belong or the individual designated through the

 

departmental registration process as the primary caregiver for the

 

registered qualifying patient.

 

     (e) "Marihuana" means that term as defined in section 7106 of

 

the public health code, 1978 PA 368, MCL 333.7106.

 

     (f) "Marihuana-infused product" means a topical formulation,

 

tincture, beverage, edible substance, or similar product containing

 

any usable marihuana that is intended for human consumption in a

 

manner other than smoke inhalation. Marihuana-infused product shall

 

not be considered a food for purposes of the food law, 2000 PA 92,

 

MCL 289.1101 to 289.8111.

 

     (g) (f) "Medical use of marihuana" means the acquisition,

 

possession, cultivation, manufacture, extraction, use, internal

 

possession, delivery, transfer, or transportation of marihuana,

 

usable marihuana, or paraphernalia relating to the administration

 

of usable marihuana to treat or alleviate a registered qualifying

 

patient's debilitating medical condition or symptoms associated

 

with the debilitating medical condition.

 

     (h) (g) "Physician" means an individual licensed as a

 

physician under Part 170 of the public health code, 1978 PA 368,

 

MCL 333.17001 to 333.17084, or an osteopathic physician under Part

 

175 of the public health code, 1978 PA 368, MCL 333.17501 to

 

333.17556.

 

     (i) (h) "Primary caregiver" or "caregiver" means a person who

 

is at least 21 years old and who has agreed to assist with a

 


patient's medical use of marihuana and who has not been convicted

 

of any felony within the past 10 years and has never been convicted

 

of a felony involving illegal drugs or a felony that is an

 

assaultive crime as defined in section 9a of chapter X of the code

 

of criminal procedure, 1927 PA 175, MCL 770.9a.

 

     (j) (i) "Qualifying patient" or "patient" means a person who

 

has been diagnosed by a physician as having a debilitating medical

 

condition.

 

     (k) (j) "Registry identification card" means a document issued

 

by the department that identifies a person as a registered

 

qualifying patient or registered primary caregiver.

 

     (l) (k) "Usable marihuana" means the dried leaves, and flowers,

 

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

 

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

 

roots of the plant.

 

     (m) "Usable marihuana equivalent" means the amount of usable

 

marihuana in a marihuana-infused product that is calculated as

 

provided in section 4(c).

 

     (n) (l) "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.

 

     (o) (m) "Written certification" means a document signed by a

 

physician, stating all of the following:

 

     (1) The patient's debilitating medical condition.

 

     (2) The physician has completed a full assessment of the

 

patient's medical history and current medical condition, including

 

a relevant, in-person, medical evaluation.

 


     (3) In the physician's professional opinion, the patient is

 

likely to receive therapeutic or palliative benefit from the

 

medical use of marihuana to treat or alleviate the patient's

 

debilitating medical condition or symptoms associated with the

 

debilitating medical condition.

 

     4. Protections for the Medical Use of Marihuana.

 

     Sec. 4. (a) A qualifying patient who has been issued and

 

possesses a registry identification card shall is not be subject to

 

arrest, prosecution, or penalty in any manner, or denied any right

 

or privilege, including but not limited to civil penalty or

 

disciplinary action by a business or occupational or professional

 

licensing board or bureau, for the medical use of marihuana in

 

accordance with this act, provided that the qualifying patient

 

possesses an amount of marihuana that does not exceed a total of

 

2.5 ounces of both usable marihuana and usable marihuana

 

equivalents, and, if the qualifying patient has not specified that

 

a primary caregiver will be allowed under state law to cultivate

 

marihuana for the qualifying patient, 12 marihuana plants kept in

 

an enclosed, locked facility. Any incidental amount of seeds,

 

stalks, and unusable roots shall also be allowed under state law

 

and shall not be included in this amount. The privilege from arrest

 

under this subsection applies only if the qualifying patient

 

presents both his or her registry identification card and a valid

 

driver license or government-issued identification card that bears

 

a photographic image of the qualifying patient.

 

     (b) A primary caregiver who has been issued and possesses a

 

registry identification card shall is not be subject to arrest,

 


prosecution, or penalty in any manner, or denied any right or

 

privilege, including but not limited to civil penalty or

 

disciplinary action by a business or occupational or professional

 

licensing board or bureau, for assisting a qualifying patient to

 

whom he or she is connected through the department's registration

 

process with the medical use of marihuana in accordance with this

 

act. The privilege from arrest under this subsection applies only

 

if the primary caregiver presents both his or her registry

 

identification card and a valid driver license or government-issued

 

identification card that bears a photographic image of the primary

 

caregiver. This subsection applies only if the primary caregiver

 

possesses an a total amount of usable marihuana and usable

 

marihuana equivalents that does not exceed any of the following:

 

     (1) 2.5 ounces of usable marihuana for each qualifying patient

 

to whom he or she is connected through the department's

 

registration process. ; and

 

     (2) for For each registered qualifying patient who has

 

specified that the primary caregiver will be allowed under state

 

law to cultivate marihuana for the qualifying patient, 12 marihuana

 

plants kept in an enclosed, locked facility. ; and

 

     (3) any Any incidental amount of seeds, stalks, and unusable

 

roots.

 

     (c) For purposes of determining usable marihuana equivalency,

 

1 ounce of usable marihuana shall be considered equivalent to the

 

following:

 

     (1) 16 ounces of marihuana-infused product if in a solid form.

 

     (2) 7 grams of marihuana-infused product if in a gaseous form.

 


     (3) 72 fluid ounces of marihuana-infused product if in a

 

liquid form.

 

     (d) (c) A person shall not be denied custody or visitation of

 

a minor for acting in accordance with this act, unless the person's

 

behavior is such that it creates an unreasonable danger to the

 

minor that can be clearly articulated and substantiated.

 

     (e) (d) There shall be is a presumption that a qualifying

 

patient or primary caregiver is engaged in the medical use of

 

marihuana in accordance with this act if the qualifying patient or

 

primary caregiver complies with both of the following:

 

     (1) is Is in possession of a registry identification card. ;

 

and

 

     (2) is Is in possession of an amount of marihuana or usable

 

marihuana and usable marihuana equivalents that does not exceed the

 

amount allowed under this act. The presumption may be rebutted by

 

evidence that conduct related to marihuana or usable marihuana was

 

not for the purpose of alleviating the qualifying patient's

 

debilitating medical condition or symptoms associated with the

 

debilitating medical condition, in accordance with this act.

 

     (f) (e) A registered primary caregiver may receive

 

compensation for costs associated with assisting a registered

 

qualifying patient in the medical use of marihuana. Any such

 

compensation shall does not constitute the sale of controlled

 

substances.

 

     (g) (f) A physician shall not be subject to arrest,

 

prosecution, or penalty in any manner, or denied any right or

 

privilege, including but not limited to civil penalty or

 


disciplinary action by the Michigan board of medicine, the Michigan

 

board of osteopathic medicine and surgery, or any other business or

 

occupational or professional licensing board or bureau, solely for

 

providing written certifications, in the course of a bona fide

 

physician-patient relationship and after the physician has

 

completed a full assessment of the qualifying patient's medical

 

history, or for otherwise stating that, in the physician's

 

professional opinion, a patient is likely to receive therapeutic or

 

palliative benefit from the medical use of marihuana to treat or

 

alleviate the patient's serious or debilitating medical condition

 

or symptoms associated with the serious or debilitating medical

 

condition, provided that nothing shall prevent a professional

 

licensing board from sanctioning a physician for failing to

 

properly evaluate a patient's medical condition or otherwise

 

violating the standard of care for evaluating medical conditions.

 

     (h) (g) A person shall not be subject to arrest, prosecution,

 

or penalty in any manner, or denied any right or privilege,

 

including but not limited to civil penalty or disciplinary action

 

by a business or occupational or professional licensing board or

 

bureau, for providing a registered qualifying patient or a

 

registered primary caregiver with marihuana paraphernalia for

 

purposes of a qualifying patient's medical use of marihuana.

 

     (i) (h) Any marihuana, usable marihuana, marihuana

 

paraphernalia, or licit property that is possessed, owned, or used

 

in connection with the medical use of marihuana, as allowed under

 

this act, or acts incidental to such use, shall not be seized or

 

forfeited.

 


     (j) (i) A person shall not be subject to arrest, prosecution,

 

or penalty in any manner, or denied any right or privilege,

 

including but not limited to civil penalty or disciplinary action

 

by a business or occupational or professional licensing board or

 

bureau, solely for being in the presence or vicinity of the medical

 

use of marihuana in accordance with this act, or for assisting a

 

registered qualifying patient with using or administering marihuana

 

or usable marihuana.

 

     (k) (j) A registry identification card, or its equivalent,

 

that is issued under the laws of another state, district,

 

territory, commonwealth, or insular possession of the United States

 

that allows the medical use of marihuana by a visiting qualifying

 

patient, or to allow a person to assist with a visiting qualifying

 

patient's medical use of marihuana, shall have the same force and

 

effect as a registry identification card issued by the department.

 

     (l) (k) Any registered qualifying patient or registered primary

 

caregiver who sells marihuana or usable marihuana to someone who is

 

not allowed to use marihuana for medical purposes medical use of

 

marihuana under this act shall have his or her registry

 

identification card revoked and is guilty of a felony punishable by

 

imprisonment for not more than 2 years or a fine of not more than

 

$2,000.00, or both, in addition to any other penalties for the

 

distribution of marihuana.

 

     (m) A person is not subject to arrest, prosecution, or penalty

 

in any manner, and shall not be denied any right or privilege,

 

including, but not limited to, civil penalty or disciplinary action

 

by a business or occupational or professional licensing board or

 


bureau, for manufacturing marihuana-infused product if the person

 

is any of the following:

 

     (1) A registered patient, manufacturing for his or her own

 

personal use.

 

     (2) A primary caregiver, manufacturing for the use of a

 

patient to whom he or she is connected through the department's

 

registration process.

 

     (3) A medical marihuana provisioning center.

 

     (n) A qualifying patient shall not transfer a marihuana-

 

infused product to any individual.

 

     (o) A registered caregiver shall not transfer a marihuana-

 

infused product to any individual who is not a qualifying patient

 

to whom he or she is connected through the department's

 

registration process.

 

     (p) A medical marihuana provisioning center shall not transfer

 

a marihuana-infused product to any individual who is not a

 

qualifying patient or registered caregiver, or provisioning center

 

agent.

 

     Sec. 4a. (1) This section does not apply unless the medical

 

marihuana provisioning center regulation act is enacted into law.

 

     (2) A person is not subject to arrest, prosecution, or

 

criminal penalty for a transfer or use of marihuana or usable

 

marihuana equivalents from or to a provisioning center in an amount

 

authorized by law and in conformity with any restrictions in this

 

act or the medical marihuana provisioning center regulation act.

 

However, a qualifying patient or registered caregiver shall not

 

transfer more than 50 ounces of usable marihuana to a medical

 


marihuana provisioning center during a 30-day calendar period.

 

     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;

 

     (6) Proof of Michigan residency. For the purposes of this

 

subdivision, a person shall be considered to have proved legal

 

residency in this state if any of the following apply:

 

     (i) The person provides a copy of a valid, lawfully obtained

 

Michigan driver license issued under the Michigan vehicle code,

 

1949 PA 300, MCL 257.1 to 257.923, or an official state personal

 

identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

 

     (ii) The person provides a copy of a valid Michigan voter

 

registration.

 

     (7) 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

 

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 business

 

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 business days of approving an application or renewal,

 

which shall expire 2 years 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 one 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.

 

     (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) 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. Except as provided in subdivisions (3) and (4), individual

 

names and other identifying information on the list are

 

confidential and are 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.

 

     (4) A person, including an employee, contractor, 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.

 

     (j) The department may enter into a contract with a private

 

contractor to assist the department in performing its duties under

 

this section. The contract may provide for assistance in processing

 

and issuing registry identification cards, but the department shall

 

retain the authority to make the final determination as to issuing

 

the registry identification card. Any contract shall include a

 

provision requiring the contractor to preserve the confidentiality

 

of information in conformity with subsection (h).

 

     (k) Not later than 6 months after the effective date of the

 

amendatory act that added this subsection, the department shall

 

appoint a panel to review petitions to approve medical conditions

 

or treatments for addition to the list of debilitating medical

 

conditions under the administrative rules. The panel shall meet at

 

least twice each year and shall review and make a recommendation to

 


the department concerning any petitions that have been submitted

 

that are completed and include any documentation required by

 

administrative rule.

 

     (1) A majority of the panel members shall be licensed

 

physicians, and the panel shall provide recommendations to the

 

department regarding whether the petitions should be approved or

 

denied.

 

     (2) All meetings of the panel are subject to the open meetings

 

act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (l) The Michigan medical marihuana fund is created within the

 

state treasury. All fees collected under this act shall be

 

deposited into the fund. The state treasurer may receive money or

 

other assets from any source for deposit into the fund. The state

 

treasurer shall direct the investment of the fund. The state

 

treasurer shall credit to the fund interest and earnings from fund

 

investments. Money in the fund at the close of the fiscal year

 

shall remain in the fund and shall not lapse to the general fund.

 

The department of licensing and regulatory affairs shall be the

 

administrator of the fund for auditing purposes. The department of

 

licensing and regulatory affairs shall expend money from the fund,

 

upon appropriation, for the operation and oversight of the Michigan

 

medical marihuana program and for the creation and maintenance of

 

the statewide database required under section 14 of the medical

 

marihuana provisioning center regulation act.

 

     7. Scope of Act.

 

     Sec. 7. (a) The medical use of marihuana is allowed under

 

state law to the extent that it is carried out in accordance with

 


the provisions of this act.

 

     (b) This act shall does not permit any person to do any of the

 

following:

 

     (1) Undertake any task under the influence of marihuana, when

 

doing so would constitute negligence or professional malpractice.

 

     (2) Possess marihuana or usable marihuana, or otherwise engage

 

in the medical use of marihuana at any of the following locations:

 

     (A) in In a school bus. ;

 

     (B) on On the grounds of any preschool or primary or secondary

 

school. ; or

 

     (C) in In any correctional facility.

 

     (3) Smoke marihuana at any of the following locations:

 

     (A) on On any form of public transportation. ; or

 

     (B) in In any public place.

 

     (4) Operate, navigate, or be in actual physical control of any

 

motor vehicle, aircraft, or motorboat while under the influence of

 

marihuana.

 

     (5) Use marihuana or usable marihuana if that person does not

 

have a serious or debilitating medical condition.

 

     (c) Nothing in this act shall be construed to require any of

 

the following:

 

     (1) A government medical assistance program or commercial or

 

non-profit health insurer to reimburse a person for costs

 

associated with the medical use of marihuana.

 

     (2) An employer to accommodate the ingestion of marihuana or

 

usable marihuana in any workplace or any employee working while

 

under the influence of marihuana or usable marihuana.

 


     (d) Fraudulent representation to a law enforcement official of

 

any fact or circumstance relating to the medical use of marihuana

 

to avoid arrest or prosecution shall be is punishable by a fine of

 

$500.00, which shall be is in addition to any other penalties that

 

may apply for making a false statement or for the use of marihuana

 

or usable marihuana other than use undertaken pursuant to this act.

 

     (e) All other acts and parts of acts inconsistent with this

 

act do not apply to the medical use of marihuana as provided for by

 

this act.

 

     8. Affirmative Defense and Dismissal for Medical Marihuana.

 

     Sec. 8. (a) Except as provided in section 7(b), a patient and

 

a patient's primary caregiver, if any, may assert the medical

 

purpose for using marihuana or usable marihuana as a defense to any

 

prosecution involving marihuana or usable marihuana, and this

 

defense shall be presumed valid where the evidence shows that:

 

     (1) A physician has stated that, in the physician's

 

professional opinion, after having completed a full assessment of

 

the patient's medical history and current medical condition made in

 

the course of a bona fide physician-patient relationship, the

 

patient is likely to receive therapeutic or palliative benefit from

 

the medical use of marihuana to treat or alleviate the patient's

 

serious or debilitating medical condition or symptoms of the

 

patient's serious or debilitating medical condition;

 

     (2) The patient and the patient's primary caregiver, if any,

 

were collectively in possession of a quantity of marihuana or

 

usable marihuana that was not more than was reasonably necessary to

 

ensure the uninterrupted availability of marihuana or usable

 


marihuana for the purpose of treating or alleviating the patient's

 

serious or debilitating medical condition or symptoms of the

 

patient's serious or debilitating medical condition; and

 

     (3) The patient and the patient's primary caregiver, if any,

 

were engaged in the acquisition, possession, cultivation,

 

manufacture, use, delivery, transfer, or transportation of

 

marihuana, usable marihuana, or paraphernalia, relating to the use

 

of marihuana to treat or alleviate the patient's serious or

 

debilitating medical condition or symptoms of the patient's serious

 

or debilitating medical condition.

 

     (b) A person may assert the medical purpose for using

 

marihuana or usable marihuana in a motion to dismiss, and the

 

charges shall be dismissed following an evidentiary hearing where

 

the person shows the elements listed in subsection (a).

 

     (c) If a patient or a patient's primary caregiver demonstrates

 

the patient's medical purpose for using marihuana or usable

 

marihuana pursuant to this section, the patient and the patient's

 

primary caregiver shall are not be subject to any of the following

 

for the patient's medical use of marihuana:

 

     (1) disciplinary Disciplinary action by a business or

 

occupational or professional licensing board or bureau. ; or

 

     (2) forfeiture Forfeiture of any interest in or right to

 

property.

 

     Enacting section 1. This amendatory act takes effect July 1,

 

2015.

 

     Enacting section 2. This amendatory act clarifies ambiguities

 

in the law in accordance with the original intent of the people, as

 


expressed in section 2(b) of the Michigan medical marihuana act,

 

2008 IL 1, MCL 333.26422:

 

     "(b) Data from the Federal Bureau of Investigation Uniform

 

Crime Reports and the Compendium of Federal Justice Statistics show

 

that approximately 99 out of every 100 marihuana arrests in the

 

United States are made under state law, rather than under federal

 

law. Consequently, changing state law will have the practical

 

effect of protecting from arrest the vast majority of seriously ill

 

people who have a medical need to use marihuana.". [Emphasis

 

added.]

 

     This amendatory act is curative and applies retroactively as

 

to the following: clarifying the quantities and forms of marihuana

 

for which a person is protected from arrest, precluding an

 

interpretation of "weight" as aggregate weight, and excluding an

 

added inactive substrate component of a preparation in determining

 

the amount of marihuana, medical marihuana, or usable marihuana

 

that constitutes an offense.