Bill Text: MI HB4851 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Health; medical marihuana; definition of "bona fide physician-patient relationship", "enclosed, locked facility", and "primary caregiver"; clarify and condition privilege from arrest on presentation of I.D. Amends secs. 3, 4 & 8 of 2008 IL 1 (MCL 333.26423 et seq.).
Spectrum: Bipartisan Bill
Status: (Passed) 2012-12-31 - Assigned Pa 512'12 With Immediate Effect 2012 Addenda [HB4851 Detail]
Download: Michigan-2011-HB4851-Introduced.html
HOUSE BILL No. 4851
June 30, 2011, Introduced by Reps. Cavanagh, Constan, Walsh, Hobbs, Liss, Durhal, Horn, Smiley, Rendon, Hovey-Wright, Haveman, Glardon, Lipton, Bauer, Bledsoe, Outman, Goike, Cotter, Heise, Price, Callton, Agema, Tyler, Knollenberg, Daley, Lyons, Meadows, Kurtz and Jacobsen and referred to the Committee on Judiciary.
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending section 3 (MCL 333.26423).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
3. Definitions.
Sec. 3. As used in this act:
(a) "Bona fide physician-patient relationship" means an
established treatment or counseling relationship in which all of
the following are present:
(1) The physician has completed a full assessment of the
patient's medical history and current medical and psychological
condition, including an appropriate, in person, physical
examination of the patient.
(2) The physician has treated or consulted with the patient
with respect to the patient's debilitating medical condition for a
reason other than the patient's application or intended application
for a registry identification card and has maintained records of
the patient's condition in accord with medically accepted
standards.
(3) The physician has a reasonable expectation that he or she
will provide follow-up care, examination, and treatment to the
patient to monitor the efficacy of the use of medical marihuana as
a treatment of the patient's debilitating medical condition.
(4) If appropriate, the physician has notified the patient's
primary care physician of the patient's debilitating medical
condition and certification for the use of medical marihuana to
treat that condition.
(b) (a)
"Debilitating medical condition"
means 1 or more of
the following:
(1) Cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency syndrome,
hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,
agitation of Alzheimer's disease, nail patella, or the treatment of
these conditions.
(2) A chronic or debilitating disease or medical condition or
its treatment that produces 1 or more of the following: cachexia or
wasting syndrome; severe and chronic pain; severe nausea; seizures,
including but not limited to those characteristic of epilepsy; or
severe and persistent muscle spasms, including but not limited to
those characteristic of multiple sclerosis.
(3) Any other medical condition or its treatment approved by
the department, as provided for in section 5(a).
(c) (b)
"Department" means the
state department of community
health.
(d) (c)
"Enclosed, locked
facility" means a closet, room, or
other comparable, completely enclosed area equipped with secured
locks or other functioning security devices that permit access only
by
a registered primary caregiver or registered qualifying patient.
1 of the following:
(1) If a registered qualifying patient who has not designated
a primary caregiver maintains the facility, by that registered
qualifying patient.
(2) If a primary caregiver maintains the facility, by that
primary caregiver.
(e) (d)
"Marihuana" means that
term as defined in section 7106
of the public health code, 1978 PA 368, MCL 333.7106.
(f) (e)
"Medical use" means the
acquisition, possession,
cultivation, manufacture, use, internal possession, delivery,
transfer, or transportation of marihuana or paraphernalia relating
to the administration of marihuana to treat or alleviate a
registered qualifying patient's debilitating medical condition or
symptoms associated with the debilitating medical condition.
(g) (f)
"Physician" means an
individual licensed as a
physician under Part 170 of the public health code, 1978 PA 368,
MCL 333.17001 to 333.17084, or an osteopathic physician under Part
175 of the public health code, 1978 PA 368, MCL 333.17501 to
333.17556.
(h) (g)
"Primary caregiver" or "caregiver" means a person who
is at least 21 years old and who has agreed to assist with a
patient's medical use of marihuana and who has never been convicted
of a felony involving illegal drugs.
(i) (h)
"Qualifying patient" or "patient" means a person who
has been diagnosed by a physician as having a debilitating medical
condition.
(j) (i)
"Registry identification
card" means a document issued
by the department that identifies a person as a registered
qualifying patient or registered primary caregiver.
(k) (j)
"Usable marihuana" means
the dried leaves and flowers
of the marihuana plant, and any mixture or preparation thereof, but
does not include the seeds, stalks, and roots of the plant.
(l) (k)
"Visiting qualifying
patient" means a patient who is
not a resident of this state or who has been a resident of this
state for less than 30 days.
(m) (l)
"Written certification"
means a document signed by a
physician,
stating the all of the
following:
(1)
The patient's debilitating medical
condition. and stating
that,
in
(2) The physician has completed a full assessment of the
patient's medical and psychological history and current medical and
psychological condition, including an appropriate, in person,
physical examination.
(3) In the physician's professional opinion, the patient is
likely to receive therapeutic or palliative benefit from the
medical use of marihuana to treat or alleviate the patient's
debilitating medical condition or symptoms associated with the
debilitating medical condition.
