Bill Text: MI HB5289 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; pharmaceuticals; dispensing of medical marihuana by a licensed pharmacist; amend initiated law to conform with public health code. Amends sec. 4 of 2008 IL 1 (MCL 333.26424). TIE BAR WITH: HB 5288'09

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2009-09-09 - Printed Bill Filed 09/03/2009 [HB5289 Detail]

Download: Michigan-2009-HB5289-Introduced.html

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HOUSE BILL No. 5289

 

September 2, 2009, Introduced by Reps. Agema, Genetski, Rick Jones, Walsh, Kurtz, McMillin, Lori, Knollenberg, Meltzer, Calley, Proos, Marleau, Meekhof, Green and Pearce and referred to the Committee on Health Policy.

 

      A bill to amend 2008 IL 1, entitled

 

"Michigan medical marihuana act,"

 

by amending section 4 (MCL 333.26424).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 

 

 

1  4. Protections for the Medical Use of Marihuana.

 

 

 2        4. Protections for the Medical Use of Marihuana.

 

 3        Sec. 4. (a) A qualifying patient who has been issued and

 

 4  possesses a registry identification card shall not be subject to

 

 5  arrest, prosecution, or penalty in any manner, or denied any

 

 1  right or privilege, including but not limited to civil penalty or

 

 2  disciplinary action by a business or occupational or professional

 

 3  licensing board or bureau, for the medical use of marihuana in

 

 4  accordance with this act, provided that the qualifying patient

 

 5  possesses an amount of marihuana that does not exceed 2.5 ounces

 

 6  of usable marihuana, and, if the qualifying patient has not

 

 7  specified that a primary caregiver will be allowed under state

 

 8  law to cultivate marihuana for the qualifying patient, 12

 

 9  marihuana plants kept in an enclosed, locked facility. Any

 

10  incidental amount of seeds, stalks, and unusable roots shall also

 

11  be allowed under state law and shall not be included in this

 

12  amount marihuana that was dispensed as a schedule 2 controlled

 

13  substance under the public health code, 1978 PA 368, MCL 333.1101

 

14  to 333.25211, for his or her medical use.

 

15        (b) A primary caregiver who has been issued and possesses a

 

16  registry identification card shall not be subject to arrest,

 

17  prosecution, or penalty in any manner, or denied any right or

 

18  privilege, including but not limited to civil penalty or

 

19  disciplinary action by a business or occupational or professional

 

20  licensing board or bureau, for assisting a qualifying patient to

 

21  whom he or she is connected through the department's registration

 

22  process with the medical use of marihuana in accordance with this

 

23  act, provided that the primary caregiver possesses an amount of

 

24  marihuana that does not exceed: was dispensed as a schedule 2

 

25  controlled substance under the public health code, 1978 PA 368,

 

26  MCL 333.1101 to 333.25211,

 

27        (1) 2.5 ounces of usable marihuana for each the medical use

 

 1  of a qualifying patient to whom he or she is connected through

 

 2  the department's registration process. ; and

 

 3        (2) for each registered qualifying patient who has specified

 

 4  that the primary caregiver will be allowed under state law to

 

 5  cultivate marihuana for the qualifying patient, 12 marihuana

 

 6  plants kept in an enclosed, locked facility; and

 

 7        (3) any incidental amount of seeds, stalks, and unusable

 

 8  roots.

 

 9        (c) A person shall not be denied custody or visitation of a

 

10  minor for acting in accordance with this act, unless the person's

 

11  behavior is such that it creates an unreasonable danger to the

 

12  minor that can be clearly articulated and substantiated.

 

13        (d) There shall be a presumption that a qualifying patient

 

14  or primary caregiver is engaged in the medical use of marihuana

 

15  in accordance with this act if the qualifying patient or primary

 

16  caregiver:

 

17        (1) is in possession of a registry identification card; and

 

18        (2) is in possession of an amount of marihuana that does not

 

19  exceed the amount allowed under this act that a qualified patient

 

20  would reasonably be expected to need over a period of 60 days for

 

21  his or her own personal medical use. The presumption may be

 

22  rebutted by evidence that conduct related to marihuana was not

 

23  for the purpose of alleviating the qualifying patient's

 

24  debilitating medical condition or symptoms associated with the

 

25  debilitating medical condition, in accordance with this act.

 

26        (e) A registered primary caregiver may receive compensation

 

27  for costs associated with assisting a registered qualifying

 

 1  patient in the medical use of marihuana. Any Unless it otherwise

 

 2  violates the public health code, 1978 PA 368, MCL 333.1101 to

 

 3  333.25211, such compensation shall not constitute the sale of

 

 4  controlled substances.

 

 5        (f) A physician shall not be subject to arrest, prosecution,

 

 6  or penalty in any manner, or denied any right or privilege,

 

 7  including but not limited to civil penalty or disciplinary action

 

 8  by the Michigan board of medicine, the Michigan board of

 

 9  osteopathic medicine and surgery, or any other business or

 

10  occupational or professional licensing board or bureau, solely

 

11  for providing written certifications or prescriptions, in the

 

12  course of a bona fide physician-patient relationship and after

 

13  the physician has completed a full assessment of the qualifying

 

14  patient's medical history, or for otherwise stating that, in the

 

15  physician's professional opinion, a patient is likely to receive

 

16  therapeutic or palliative benefit from the medical use of

 

17  marihuana to treat or alleviate the patient's serious or

 

18  debilitating medical condition or symptoms associated with the

 

19  serious or debilitating medical condition, provided that nothing

 

20  shall prevent a professional licensing board from sanctioning a

 

21  physician for failing to properly evaluate a patient's medical

 

22  condition or otherwise violating the standard of care for

 

23  evaluating medical conditions.

 

24        (g) A person shall not be subject to arrest, prosecution, or

 

25  penalty in any manner, or denied any right or privilege,

 

26  including but not limited to civil penalty or disciplinary action

 

27  by a business or occupational or professional licensing board or

 

 1  bureau, for providing a registered qualifying patient or a

 

 2  registered primary caregiver with marihuana paraphernalia for

 

 3  purposes of a qualifying patient's medical use of marihuana.

 

 4        (h) Any marihuana, marihuana paraphernalia, or licit

 

 5  property that is possessed, owned, or used in connection with the

 

 6  medical use of marihuana, as allowed under this act, or acts

 

 7  incidental to such use, shall not be seized or forfeited.

 

 8        (i) A person shall not be subject to arrest, prosecution, or

 

 9  penalty in any manner, or denied any right or privilege,

 

10  including but not limited to civil penalty or disciplinary action

 

11  by a business or occupational or professional licensing board or

 

12  bureau, solely for being in the presence or vicinity of the

 

13  medical use of marihuana in accordance with this act, or for

 

14  assisting a registered qualifying patient with using or

 

15  administering marihuana.

 

16        (j) A registry identification card, or its equivalent, that

 

17  is issued under the laws of another state, district, territory,

 

18  commonwealth, or insular possession of the United States that

 

19  allows the medical use of marihuana by a visiting qualifying

 

20  patient, or to allow a person to assist with a visiting

 

21  qualifying patient's medical use of marihuana, shall have the

 

22  same force and effect as a registry identification card issued by

 

23  the department.

 

24        (k) Any registered qualifying patient or registered primary

 

25  caregiver who sells marihuana to someone who is not allowed to

 

26  use marihuana for medical purposes under this act shall have his

 

27  or her registry identification card revoked and is guilty of a

 

 1  felony punishable by imprisonment for not more than 2 years or a

 

 2  fine of not more than $2,000.00, or both, in addition to any

 

 3  other penalties for the distribution of marihuana.

 

 4        (l) A pharmacist shall not be subject to arrest,

 

 5  prosecution, or penalty in any manner, or denied any right or

 

 6  privilege, including but not limited to civil penalty or

 

 7  disciplinary action by the Michigan board of pharmacy or any

 

 8  other business or occupational or professional licensing board or

 

 9  bureau, solely for dispensing marihuana as a schedule 2

 

10  controlled substance under the public health code, 1978 PA 368,

 

11  MCL 333.1101 to 333.25211, for medical purposes under this act.

 

12  However, this subsection shall not prevent a professional

 

13  licensing board from sanctioning a pharmacist for violating the

 

14  standard of care for dispensing schedule 2 controlled substances.

 

15        Enacting section 1. This amendatory act does not take effect

 

16  unless Senate Bill No.____ or House Bill No. 5288(request no.

 

17  02584'09) of the 95th Legislature is enacted into law.