May 18, 2011, Introduced by Reps. Darany, Lindberg and Santana and referred to the Committee on Judiciary.
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending section 4 (MCL 333.26424).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 2.5 ounces of
usable marihuana, 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 that is not located within 500
feet of a church or other house of worship; school; or day care
center as defined in MCL 324.8303. Any incidental amount of seeds,
stalks, and unusable roots shall also be allowed under state law
and shall not be included in this amount.
(b) A primary caregiver who has been issued and possesses a
registry identification card 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 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, provided that the primary caregiver possesses an amount of
marihuana that does not exceed:
(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 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 that is not located within 500
feet of a church or other house of worship; school; or day care
center as defined in MCL 324.8303; and
(3) any incidental amount of seeds, stalks, and unusable
roots.
(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.
(d) There shall be 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:
(1) is in possession of a registry identification card; and
(2) is in possession of an amount of marihuana that does not
exceed the amount allowed under this act. The presumption may be
rebutted by evidence that conduct related to 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.
(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 not
constitute the sale of controlled substances.
(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.
(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.
(h) Any 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.
(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.
(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.
(k) Any registered qualifying patient or registered primary
caregiver who sells marihuana to someone who is not allowed to use
marihuana for medical purposes under this act or who cultivates
marihuana in violation of the requirements of 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.