Bill Text: MI HB6022 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Medical marihuana: caregivers; operation of medical marihuana caregivers in residential neighborhoods; prohibited unless allowed by ordinance. Amends sec. 4 of 2008 IL 1 (MCL 333.26424).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-08-06 - Bill Electronically Reproduced 07/23/2020 [HB6022 Detail]
Download: Michigan-2019-HB6022-Introduced.html
HOUSE BILL NO. 6022
July 23, 2020, Introduced by Rep. Yaroch 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), 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 if 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 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 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. The primary caregiver shall not cultivate marihuana on property
that is zoned residential unless allowed by a local ordinance.
(3) Any incidental amount
of seeds, stalks, and unusable roots.
(c) For purposes of
determining usable marihuana equivalency, the following shall be 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 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) 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) 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 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 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) 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 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.
