June 30, 2011, Introduced by Reps. Haveman, Heise, Liss, Gilbert, MacMaster, MacGregor, Jacobsen, Rendon, Opsommer, Zorn, Moss, Glardon, Haines, Crawford, Huuki, Kowall, Yonker, Hooker, Pscholka, Price, Horn, Tyler, Olson, Outman, Goike, Bledsoe, Callton, Agema, Cavanagh, Knollenberg, Daley, Lyons and Kurtz and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 42.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 42. (1) A person shall not directly or indirectly cause
to be made, published, disseminated, circulated, or placed before
or communicated to the public, in a newspaper or by radio
broadcast, television, internet, or other mode of communication or
publication or in the form of a book, notice, handbill, poster,
bill, circular, or pamphlet, either of the following:
(a) An advertisement for services as a primary caregiver under
the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430.
(b) An offer to sell, transfer, or make available marihuana.
(2) Subsection (1) does not apply to any of the following:
(a) An owner, publisher, printer, agent, or employee of a
newspaper or other publication, periodical, or circular, or of a
radio station or television station, who in good faith and without
knowledge of the prohibited content, publishes, causes to be
published, or takes part in the publication of an advertisement or
offer described in subsection (1).
(b) A person, firm, or corporation providing telephone or
telegraph service to subscribers as a public utility.
(c) An internet service provider, if the service provider acts
in good faith to promptly remove the advertisement or offer upon
notification of the illegal content.
(3) Subsection (1) does not prohibit the state department or
agency that issues registry identification cards under the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, from
providing written information to a registry identification card
holder concerning a person who offers services as a primary
caregiver or as to a source for obtaining marihuana plants for
cultivation.
(4) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.