Bill Text: MI HB4852 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Health; medical marihuana; location of medical marihuana facilities; allow for local zoning ordinances to regulate. Amends sec. 7 of 2008 IL 1 (MCL 333.26427).

Spectrum: Strong Partisan Bill (Republican 24-2)

Status: (Introduced - Dead) 2011-07-27 - Printed Bill Filed 07/01/2011 [HB4852 Detail]

Download: Michigan-2011-HB4852-Introduced.html

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HOUSE BILL No. 4852

 

June 30, 2011, Introduced by Reps. Kowall, Moss, Franz, Haines, Opsommer, Knollenberg, Rendon, Zorn, MacGregor, Damrow, Liss, Horn, Callton, Tyler, Olson, Outman, Goike, Cotter, Heise, Price, Bledsoe, Agema, Daley, Lyons, 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 7 (MCL 333.26427).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     7. Scope of Act.

 

     Sec. 7. (a) The medical use of marihuana is allowed under

 

state law to the extent that it is carried out in accordance with

 

the provisions of this act.

 

     (b) This act shall not permit any person to do any of the

 

following:

 

     (1) Undertake any task under the influence of marihuana, when

 

doing so would constitute negligence or professional malpractice.

 

     (2) Possess marihuana, or otherwise engage in the medical use

 

of marihuana:

 

     (A) in a school bus;

 

     (B) on the grounds of any preschool or primary or secondary

 

school; or

 

     (C) in any correctional facility.

 

     (3) Smoke marihuana:

 

     (A) on any form of public transportation; or

 

     (B) in any public place.

 

     (4) Operate, navigate, or be in actual physical control of any

 

motor vehicle, aircraft, or motorboat while under the influence of

 

marihuana.

 

     (5) Use marihuana if that person does not have a serious or

 

debilitating medical condition.

 

     (6) Cultivate or keep marihuana plants in a facility at a

 

location that is in violation of a local zoning ordinance

 

prohibiting marihuana cultivation facilities.

 

     (c) Nothing in this act shall be construed to require:

 

     (1) A government medical assistance program or commercial or

 

non-profit health insurer to reimburse a person for costs

 

associated with the medical use of marihuana.

 

     (2) An employer to accommodate the ingestion of marihuana in

 

any workplace or any employee working while under the influence of

 

marihuana.

 

     (d) Fraudulent representation to a law enforcement official of

 

any fact or circumstance relating to the medical use of marihuana

 

to avoid arrest or prosecution shall be punishable by a fine of

 

$500.00, which shall be in addition to any other penalties that may

 

apply for making a false statement or for the use of marihuana

 

other than use undertaken pursuant to this act.

 

     (e) All other acts and parts of acts inconsistent with this

 

act do not apply to the medical use of marihuana as provided for by

 

this act.