Bill Text: MI HB5128 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Medical marihuana: other; smoking medical marihuana in public places; expand prohibition against to include food service establishments. Amends sec. 7 of 2008 IL 1 (MCL 333.26427).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-06-29 - Bill Electronically Reproduced 06/24/2021 [HB5128 Detail]
Download: Michigan-2021-HB5128-Introduced.html
HOUSE BILL NO. 5128
A bill to amend 2008 IL 1, entitled
"Michigan Medical Marihuana Act,"
by amending section 7 (MCL 333.26427), as amended by 2016 PA 546.
the people of the state of michigan enact:
Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance complies with the provisions of this act.
(b) This act does not permit any authorize a person to do any of the following:
(1) Undertake any task under the influence of marihuana, when if doing so would constitute negligence or professional malpractice.
(2) Possess marihuana, or otherwise engage in the medical use of marihuana, at any of the following locations:
(A) In a school bus.
(B) On the grounds of any preschool or primary or secondary school.
(C) In any correctional facility.
(3) Smoke marihuana at any of the following locations:
(A) On any form of public transportation.
(B) In a food service establishment as that term is defined in section 1107 of the food law, 2000 PA 92, MCL 289.1107.
(C) (B) In any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana.
(5) Use marihuana if that person does not have a serious or debilitating medical condition.
(6) Separate plant resin from a marihuana plant by butane extraction in any of the following:
(A) A public place. or
(B) A motor vehicle. , or inside
(C) Inside or within the curtilage of any residential structure.
(7) Separate plant resin from a marihuana plant by butane extraction in a manner that demonstrates a failure to exercise reasonable care or reckless disregard for the safety of others.
(c) Nothing in this act shall be construed to require requires any of the following:
(1) A government medical assistance program or commercial or non-profit nonprofit 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.
(3) A private property owner to lease residential property to any person who smokes or cultivates marihuana on the premises, if the prohibition against smoking or cultivating marihuana is in the written lease.
(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 is punishable by a fine of $500.00, which is 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 that complies with 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.