January 25, 2018, Introduced by Reps. Singh, Kelly, Sabo, Zemke, Lasinski, Rabhi, Gay-Dagnogo, Moss, Liberati and Chang and referred to the Committee on Law and Justice.
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending section 4 (MCL 333.26424), as amended by 2016 PA 283.
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 is not subject to arrest,
prosecution,
or penalty in any manner, or denied denial of 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 combined
total of 2.5 ounces of 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 must
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. Subject to section
7(c)(2), an employer shall not terminate or take adverse employment
action against an employee for medical use of marihuana that is in
accord with this act if the use is not incompatible with and does
not hinder job performance and the employee produces his or her
registry identification card for the employer's inspection. An
employer shall not do either of the following:
(1) Ask whether an employee has a registry identification card
unless the employee is subject to termination or adverse employment
action for a specific incident involving marihuana and production
of the card would preclude the termination or action.
(2) Terminate or take adverse employment action against an
employee after failure to produce a registry identification card
unless the employee is subject to termination or adverse employment
action for a specific incident involving marihuana and production
of the card would preclude the termination or action.
(b) A primary caregiver who has been issued and possesses a
registry identification card is not subject to arrest, prosecution,
or
penalty in any manner, or denied denial of 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 marihuana in forms and amounts that do not exceed any of
the following:
(1) For each qualifying patient to whom he or she is connected
through the department's registration process, a combined total of
2.5 ounces of usable marihuana and usable marihuana equivalents.
(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.
(3) Any incidental amount of seeds, stalks, and unusable
roots.
(c) For purposes of determining usable marihuana equivalency,
the
following shall be are considered equivalent to 1 ounce of
usable marihuana:
(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) 36 fluid ounces of marihuana-infused product if in a
liquid form.
(d) 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) There 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 in possession of a registry identification card.
(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.
(f) 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 does not
constitute the sale of controlled substances.
(g)
A physician shall is not be subject to arrest,
prosecution,
or penalty in any manner, or denied denial of 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 but a professional
licensing
board from sanctioning may
sanction a physician for
failing to properly evaluate a patient's medical condition or
otherwise violating the standard of care for evaluating medical
conditions.
(h)
A person shall is not be subject to arrest, prosecution,
or
penalty in any manner, or denied denial of 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)
Any A person shall not
seize or forfeit 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.
(j)
A person shall is not be subject to arrest, prosecution,
or
penalty in any manner, or denied denial of 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.
(k) 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 allows a person to assist with a visiting
qualifying
patient's medical use of marihuana, shall have has the
same force and effect as a registry identification card issued by
the department.
(l) Any registered qualifying patient or registered primary
caregiver who sells marihuana to someone who is not allowed the
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 shall is not be subject to arrest, prosecution,
or
penalty in any manner or denied denial
of 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 a marihuana-infused
product if the person is any of the following:
(1) A registered qualifying patient, manufacturing for his or
her own personal use.
(2) A registered primary caregiver, manufacturing for the use
of a patient to whom he or she is connected through the
department's registration process.
(n) A qualifying patient shall not transfer a marihuana-
infused product or marihuana to any individual.
(o) A primary 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.