Bill Text: MI HB4851 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
HB-4851, As Passed House, May 3, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 4851
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending sections 3 and 8 (MCL 333.26423 and 333.26428).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
3. Definitions.
Sec. 3. As used in this act:
(a) "Bona fide physician-patient relationship" means a
treatment or counseling relationship between a physician and
patient in which all of the following are present:
(1) The physician has reviewed the patient's relevant medical
records and completed a full assessment of the patient's medical
history and current medical condition, including a relevant, in-
person, medical evaluation of the patient.
(2) The physician has created and 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 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 the patient has given permission, 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).6(k).
(c) (b)
"Department" means the
state department of community
health.
(d) (c)
"Enclosed, locked
facility" means a closet, room, or
House Bill No. 4851 (H-7) as amended May 2, 2012
other comparable, stationary, and fully-enclosed area equipped with
secured locks or other functioning security devices that permit
access only by a registered primary caregiver or registered
qualifying patient. [MARIHUANA PLANTS GROWN OUTDOORS ARE CONSIDERED TO BE
IN AN ENCLOSED, LOCKED FACILITY IF THEY ARE GROWN WITHIN A STATIONARY
STRUCTURE THAT IS ALL OF THE FOLLOWING:
(1) ANCHORED, ATTACHED, OR AFFIXED TO THE GROUND.
(2) LOCATED ON LAND THAT IS OWNED, LEASED, OR RENTED BY EITHER:
(A) THE REGISTERED QUALIFYING PATIENT TO WHOM THE MARIHUANA PLANTS BELONG.
(B) THE PERSON DESIGNATED THROUGH THE DEPARTMENTAL REGISTRATION
PROCESS AS THE PRIMARY CAREGIVER FOR THE REGISTERED PATIENT OR PATIENTS.
(3) EQUIPPED WITH FUNCTIONING LOCKS OR OTHER SECURITY DEVICES THAT PERMIT ACCESS ONLY BY THE REGISTERED PRIMARY CAREGIVER OR REGISTERED QUALIFYING PATIENT WHOSE PROPERTY THE STRUCTURE IS LOCATED UPON.
(4) ENCLOSED ON ALL SIDES, EXCEPT FOR THE BASE, BY CHAIN-LINK FENCING, WIRE MESH, WOODEN SLATS, OR A SIMILAR MATERIAL THAT PREVENTS ACCESS BY THE GENERAL PUBLIC.]
Enclosed, locked facility includes a motor vehicle if both of the
following conditions are met:
(1) The vehicle is being used temporarily to transport living
marihuana plants from 1 location to another with the intent to
permanently retain those plants at the second location.
(2) A person is not in the vehicle unless the person is either
the registered qualifying patient to whom the living marihuana
plants belong or the person designated through the departmental
registration process as the primary caregiver for the registered
qualifying patient.
(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 or an assaultive crime as
defined in section 9a of chapter X of the code of criminal
procedure, 1927 PA 175, MCL 770.9a.
(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
House Bill No. 4851 (H-7) as amended May 2, 2012
that,
in
(2) The physician has completed a full assessment of the
patient's medical history and current medical condition, including
a relevant, in-person, medical evaluation.
(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.
8. Affirmative Defense and Dismissal for Medical Marihuana.
Sec.
8. (a) [Except as provided in section 7, EXCEPT IF HE OR SHE
VIOLATES SECTION 4(K), SECTION 7(B), OR SECTION 7(D),] a patient and a
patient's primary caregiver, if any, may assert the medical purpose
for using marihuana as a defense to any prosecution involving
marihuana, and this defense shall be presumed valid where the
evidence shows that:
(1) A physician has stated that, in the physician's
professional opinion, after having completed a full assessment of
the patient's medical history and current medical condition made in
the course of a bona fide physician-patient relationship, the
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 of the
patient's serious or debilitating medical condition;
(2) The patient and the patient's primary caregiver, if any,
were collectively in possession of a quantity of marihuana that was
not more than was reasonably necessary to ensure the uninterrupted
availability of marihuana for the purpose of treating or
House Bill No. 4851 (H-7) as amended May 2, 2012
alleviating the patient's serious or debilitating medical condition
or symptoms of the patient's serious or debilitating medical
condition; and
(3) The patient and the patient's primary caregiver, if any,
were engaged in the acquisition, possession, cultivation,
manufacture, use, delivery, transfer, or transportation of
marihuana or paraphernalia relating to the use of marihuana to
treat or alleviate the patient's serious or debilitating medical
condition or symptoms of the patient's serious or debilitating
medical condition.
(b) A person may assert the medical purpose for using
marihuana in a motion to dismiss, and the charges shall be
dismissed following an evidentiary hearing where the person shows
by a preponderance of evidence the elements listed in subsection
(a).
(c) Regardless of whether a person asserts the medical purpose
in a motion to dismiss, a person may assert the medical purpose for
using marihuana to the trier of fact [UNLESS NO REASONABLE FACTFINDER
COULD FIND IN FAVOR OF THAT PERSON ON THE ELEMENTS LISTED IN SUBSECTION
(A).
]
(d) (c)
If a patient or a patient's primary
caregiver
demonstrates the patient's medical purpose for using marihuana
pursuant to this section, the patient and the patient's primary
caregiver shall not be subject to the following for the patient's
medical use of marihuana:
(1) disciplinary action by a business or occupational or
professional licensing board or bureau; or
(2) forfeiture of any interest in or right to property.
