HB-4834, As Passed House, December 13, 2012HB-4834, As Passed Senate, December 14, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4834

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

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; ~~and~~

(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) ~~(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

the frequency of the medical use of marihuana by the qualifying

patient.

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 ~~1 year~~ 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 1 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) ~~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

cards. ~~Individual~~ Except as provided in subdivisions (3) and (4),

individual names and other identifying information on the list is

are confidential and is 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

House Bill No. 4834 as amended December 5, 2012

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.

<<Enacting section 1. This amendatory act takes effect

April 1, 2013.>>