HOUSE BILL NO. 5301
A bill to amend 2008 IL 1, entitled
"Michigan Medical Marihuana Act,"
by amending the title and sections 3, 4, 4b, 5, 6, 7, and 8 (MCL 333.26423, 333.26424, 333.26424b, 333.26425, 333.26426, 333.26427, and 333.26428), the title and section 4 as amended and section 4b as added by 2016 PA 283, section 3 as amended by 2021 PA 62, section 6 as amended by 2020 PA 400, section 7 as amended by 2016 PA 546, and section 8 as amended by 2012 PA 512, and by adding section 4c.
the people of the state of michigan enact:
An initiation of Legislation legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to provide for a system of licensure for certain marihuana growers; to impose a fee fees for registry and licensure application and renewal; to make an appropriation; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.
Sec. 3. As used in this act:
(a) "Authorized individual" means an individual who is either of the following:
(1) Designated by a registered primary caregiver under section 4(u) and approved by the marijuana regulatory agency under section 4(v).
(2) Designated by a licensed specialty medical grower under section 4c(6) and approved by the marijuana regulatory agency under section 4c(7).
(b) (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 medical evaluation of the patient.
(2) The physician has created and maintained records of the patient's condition in accord accordance 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 medical use of marihuana to treat that condition.
(c) (b) "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
(i) Cachexia or wasting syndrome. ; severe
(ii) Severe and chronic pain. ; severe
(iii) Severe nausea. ; seizures,
(iv) Seizures, including, but not limited to, those characteristic of epilepsy. ; or severe
(v) 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 marijuana regulatory agency, as provided for in section 6(k).6(m).
(d) (c) "Department" means the department of licensing and regulatory affairs.
(e) (d) "Enclosed, locked facility" means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit allows access only by only a registered primary caregiver, or registered qualifying patient, licensed specialty medical grower, or authorized individual. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person an individual designated through the marijuana regulatory agency's registration process as the registered primary caregiver or licensed specialty medical grower for the registered qualifying patient or registered qualifying patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient, or the registered primary caregiver, or licensed specialty medical grower who owns, leases, or rents the property on which the structure is located. 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) An individual is not inside the vehicle unless he or she is either 1 of the following:
(i) The registered qualifying patient to whom the living marihuana plants belong. or the individual
(ii) The registered primary caregiver or licensed specialty medical grower designated by the registered qualifying patient through the marijuana regulatory agency's registration process. as the primary caregiver for the registered qualifying patient.
(f) "Licensed specialty medical grower" means an individual who holds a specialty medical grower license granted under section 4c.
(g) (e) "Marihuana" means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
(h) (f) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall is not be considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to 289.8111.
(i) (g) "Marihuana plant" means any plant of the species Cannabis sativa L.
(j) (h) "Marijuana regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001.
(k) "Marihuana tracking act" means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(l) "Medical marihuana facilities licensing act" means the medical marihuana facilities licensing act, MCL 333.27101 to 333.27801.
(m) (i) "Medical use of marihuana" means the acquisition, possession, cultivation, manufacture, extraction, use, internal possession, delivery, transfer, or transportation of marihuana, marihuana-infused products, 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.
(n) "Michigan Regulation and Taxation of Marihuana Act" means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(o) "Overages" means either of the following:
(1) An amount of marihuana cultivated by a registered qualifying patient that is in excess of the amount required by the registered qualifying patient.
(2) An amount of marihuana cultivated by a registered primary caregiver or licensed specialty medical grower that is in excess of the amount transferred or sold to the registered qualifying patients of the registered primary caregiver or licensed specialty medical grower.
(p) (j) "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.
(q) (k) "Plant" means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
(r) (l) "Primary caregiver" or "caregiver" means a person an individual who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.meets the requirements for registration as a registered primary caregiver listed in section 6(d)(1) or (2), as applicable.
(s) (m) "Qualifying patient" or "patient" means a person an individual who has been diagnosed by a physician as having a debilitating medical condition.
(t) "Registered primary caregiver" means a primary caregiver who has been issued a registry identification card under section 6(d), if the registry identification card is valid and unexpired.
(u) "Registered qualifying patient" means a qualifying patient who has been issued a registry identification card under section 6(a), if the registry identification card is valid and unexpired.
(v) (n) "Registry identification card" means a document issued by the marijuana regulatory agency that identifies a person as to a registered qualifying patient under section 6(a) or registered primary caregiver under section 6(d).
(w) (o) "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.
(x) (p) "Usable marihuana equivalent" means the amount of usable marihuana in a marihuana-infused product that is calculated as provided in section 4(c).4(e).
(y) (q) "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.
(z) (r) "Written certification" means a document signed by a physician , stating that states all of the following:
(1) The patient's debilitating medical condition.
(2) The physician has completed a full assessment of the patient's medical history and current medical condition, including a relevant 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.
4. Protections for the Medical Use of Marihuana.
Sec. 4. (a) A registered qualifying patient who has been issued and possesses a registry identification card must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act. , provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the registered qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the registered qualifying patient. This subsection applies only if the registered qualifying patient possesses marihuana in forms and amounts that do not exceed any combination of the following:
(1) A combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.
(2) If the registered qualifying patient has not specified that a registered primary caregiver or licensed specialty medical grower will be allowed under state law to cultivate marihuana for the registered qualifying patient, 12 marihuana plants kept in an enclosed, locked facility.
(3) Any incidental amount of seeds, stalks, and unusable roots.
(b) A registered primary caregiver who has been issued and possesses a registry identification card must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a registered qualifying patient to whom he or she is connected through the department's marijuana regulatory agency's registration process with the medical use of marihuana in accordance with this act. The privilege from arrest under this subsection applies only if the registered primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the registered primary caregiver. This subsection applies only if the registered primary caregiver possesses marihuana in forms and amounts that do not exceed any of the following:
(1) For each registered qualifying patient to whom he or she the registered primary caregiver is connected through the department's marijuana regulatory agency's registration process, a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.
(2) For each registered qualifying patient who has specified that the registered primary caregiver will be allowed under state law to cultivate marihuana for the registered qualifying patient, 12 marihuana plants kept in an a single enclosed, locked facility.
(3) Any incidental amount of seeds, stalks, and unusable roots.
(c) A licensed specialty medical grower must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for engaging in any of the activities a licensed specialty medical grower is authorized to engage in under section 4c. The privilege from arrest under this subsection applies only if the licensed specialty medical grower presents his or her specialty medical grower certificate of licensure, or a copy of the certificate, and a valid driver license or government-issued identification card that bears a photographic image of the licensed specialty medical grower. This subsection applies only if the licensed specialty medical grower possesses marihuana in forms and amounts that do not exceed any of the following:
(1) For each registered qualifying patient to whom the licensed specialty medical grower is connected through the marijuana regulatory agency's registration process, a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.
(2) For each registered qualifying patient who has specified that the licensed specialty medical grower will be allowed under state law to cultivate marihuana for the registered qualifying patient, 12 marihuana plants kept in a single enclosed, locked facility.
(3) Any incidental amount of seeds, stalks, and unusable roots.
(d) An authorized individual must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a registered primary caregiver or a licensed specialty medical grower with the cultivation of marihuana if the marijuana regulatory agency has approved the authorized individual to assist that registered primary caregiver or licensed specialty medical grower. The privilege from arrest under this subsection applies only if the licensed specialty medical grower presents his or her valid driver license or government-issued identification card that bears a photographic image of the licensed specialty medical grower.
(e) (c) For purposes of determining usable marihuana equivalency, the following shall be are considered equivalent to 1 ounce of usable marihuana:
(1) 16 ounces of marihuana-infused product if in a solid form.
(2) 7 grams of marihuana-infused product if in a gaseous form.
(3) 36 fluid ounces of marihuana-infused product if in a liquid form.
(f) (d) A person shall must not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
(g) (e) There is a presumption that a registered qualifying patient or registered primary caregiver is engaged in the medical use of marihuana in accordance with this act if the registered qualifying patient or registered primary caregiver complies with both of the following:
(1) Is in possession of a registry identification card.
(2) Is in possession of an amount of marihuana that does not exceed the amount allowed under this act.
(h) The presumption in subsection (g) may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.
(i) There is a presumption that a licensed specialty medical grower is engaged in the medical use of marihuana in accordance with this act if the licensed specialty medical grower complies with both of the following:
(1) Is in possession of the licensed specialty medical grower's certificate of licensure, or a copy of the certificate.
(2) Is in possession of an amount of marihuana that does not exceed the amount allowed under this act.
(j) The presumption in subsection (i) may be rebutted by evidence that conduct related to marihuana was not for a purpose described in section 4c(4)(b) to (d).
(k) (f) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such This compensation does not constitute the sale of controlled substances.a controlled substance.
(l) (g) A physician shall must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau, solely for providing written certifications, in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the a qualifying patient's medical history, or for otherwise stating that, in the physician's professional opinion, a qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the qualifying patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition. , provided that nothing shall prevent However, this section does not prevent a professional licensing board from sanctioning a physician for failing to properly evaluate a qualifying patient's medical condition or otherwise violating the standard of care for evaluating medical conditions.
(m) (h) A person shall must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a registered qualifying patient's medical use of marihuana.
(n) (i) Any Except as otherwise provided under section 4c(8)(a), a person shall not seize or forfeit any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana , as allowed under this act , or in connection with acts incidental to such that use. , shall not be seized or forfeited.
(o) (j) A person shall must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being either of the following:
(1) Being in the presence or vicinity of the medical use of marihuana in accordance with this act. , or for assisting
(2) Assisting a registered qualifying patient with using or administering marihuana.
(p) (k) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow allows a person to assist with a visiting qualifying patient's medical use of marihuana, shall have has the same force and effect as a registry identification card issued by the department.marijuana regulatory agency.
(q) (l) Any If a registered qualifying patient or registered primary caregiver who sells or transfers marihuana to someone a person who is not allowed the medical use of authorized to obtain marihuana under this act, the marijuana regulatory agency shall have his or her revoke the registered qualifying patient's or registered primary caregiver's registry identification card. revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.
(r) (m) A person shall must not be denied any right or privilege and is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for manufacturing a marihuana-infused product if the person is any of the following:
(1) A registered qualifying patient, manufacturing in compliance with this act for his or her the registered qualifying patient's own personal use.
(2) A registered primary caregiver or licensed specialty medical grower, manufacturing in compliance with this act for the use of a registered qualifying patient to whom he or she the registered primary caregiver or licensed specialty medical grower is connected through the department's marijuana regulatory agency's registration process.
(n) A qualifying patient shall not transfer a marihuana-infused product or marihuana to any individual.
(s) (o) A Except as otherwise provided in sections 4a and 4c, a registered primary caregiver or licensed specialty medical grower shall not transfer a marihuana-infused product marihuana to any an individual who is not a registered qualifying patient to whom he or she the registered primary caregiver or licensed specialty medical grower is connected through the department's marijuana regulatory agency's registration process. A registered primary caregiver shall not transfer or sell overages to any person.
(t) A registered primary caregiver must cultivate or manufacture marihuana in an enclosed, locked facility at the location the registered primary caregiver provided in its application for registration. Only 1 registered primary caregiver may cultivate or manufacture marihuana at the same location.
(u) A registered primary caregiver may designate an individual to assist the registered primary caregiver in cultivating marihuana. To designate an individual, the registered primary caregiver must submit the individual's name, date of birth, telephone number, and home address to the marijuana regulatory agency on a form and in a manner as provided for by the marijuana regulatory agency.
(v) The marijuana regulatory agency shall approve an individual designated under subsection (u) to assist a registered primary caregiver if all of the following conditions are met:
(1) Approving the individual would not result in more than 2 individuals being approved to assist the registered primary caregiver at the same time.
(2) The individual meets the requirements for registration as a registered primary caregiver listed in section 6(d)(1) or (2), as applicable.
Sec. 4b. (1) Except as provided in subsections (2) to (4), a registered qualifying patient, or registered primary caregiver, or licensed specialty medical grower shall not transport or possess a marihuana-infused product in or upon a motor vehicle.
(2) This section does not prohibit a registered qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.
(3) This section does not prohibit a registered primary caregiver or licensed specialty medical grower from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is accompanied by an accurate marihuana transportation manifest and enclosed in a case carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is enclosed in a case and carried so as not to be readily accessible from the interior of the vehicle. The transportation manifest form must state the weight of each marihuana-infused product in ounces, name and address of the manufacturer, date of manufacture, destination name and address, date and time of departure, estimated date and time of arrival, and, if applicable, name and address of the person from whom the product was received and date of receipt.
(4) This section does not prohibit a registered primary caregiver or licensed specialty medical grower from transporting or possessing a marihuana-infused product in or upon a motor vehicle for the use of his or her the registered primary caregiver's or licensed specialty medical grower's child, spouse, or parent who is a registered qualifying patient if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the registered qualifying patient, and, if applicable, name of the person from whom the marihuana-infused product was received and date of receipt.
(5) For purposes of determining compliance with quantity limitations under section 4, there is a rebuttable presumption that the weight of a marihuana-infused product listed on its package label or on a marihuana transportation manifest is accurate.
(6) A registered qualifying patient, or registered primary caregiver, or licensed specialty medical grower who violates this section is responsible for a civil fine of not more than $250.00.
Sec. 4c. (1) To apply for a specialty medical grower license, an individual must submit both of the following to the marijuana regulatory agency:
(a) An application fee in the amount of $500.00.
(b) An application on a form and in a manner as provided for by the marijuana regulatory agency. The application must include all of the following:
(c) The individual's name, date of birth, telephone number, and home address.
(d) The address where the individual's enclosed, locked facility is or will be located.
(e) A statement that the information supplied by the individual is, to the best of the individual's knowledge, true and that the individual acknowledges that he or she is submitting the application under the penalty of perjury.
(2) The marijuana regulatory agency shall verify the information contained in an application submitted under subsection (1) and shall grant or deny the application not later than 15 business days after it receives the application. Not later than 5 business days after the marijuana regulatory agency approves a licensed specialty medical grower's application, the marijuana regulatory agency shall issue a certificate of licensure to the licensed specialty medical grower on a form as provided for by the marijuana regulatory agency. The marijuana regulatory agency shall grant a specialty medical grower license to an individual or renew an individual's specialty medical grower license if all of the following conditions are met:
(a) The individual submits a complete application and pays the application fee.
(b) The individual does not have an ownership interest in any of the following:
(i) A safety compliance facility or secure transporter licensed under the medical marihuana facilities licensing act.
(ii) A marihuana safety compliance facility or marihuana secure transporter licensed under the Michigan Regulation and Taxation of Marihuana Act.
(c) In the immediately preceding 10 years, the individual has not been convicted of a felony. This subdivision does not apply to a conviction based solely on a marihuana-related offense, unless the offense involved the distribution of marihuana to a minor.
(d) In the immediately preceding 5 years, the individual has not violated this act, the medical marihuana facilities licensing act, the Michigan Regulation and Taxation of Marihuana Act, or the marihuana tracking act.
(3) A specialty medical license expires 1 year after the date it is granted.
(4) A licensed specialty medical grower may do any of the following:
(a) Cultivate or manufacture marihuana in compliance with this act and the marihuana tracking act for a purpose described in subdivision (b), (c), or (d).
(b) Assist a registered qualifying patient to whom the licensed specialty medical grower is connected through the marijuana regulatory agency's registration process with the medical use of marihuana in compliance with this act.
(c) Sell or transfer marihuana to a registered qualifying patient to whom the licensed specialty medical grower is connected through the marijuana regulatory agency's registration process if all of the following conditions are met:
(i) The sale or transfer is entered into the statewide monitoring system as required under section 3 of the marihuana tracking act, MCL 333.27903.
(ii) The outside of the packaging that contains the marihuana includes a label with all of the following information:
(A) The name of the licensed specialty medical grower.
(B) The name of the safety compliance facility that performs the testing under subparagraph (iii).
(iii) Before the sale or transfer, the marihuana is tested by a safety compliance facility licensed under the medical marihuana facilities licensing act in compliance with the testing standards then in effect for marihuana sold by provisioning centers licensed under the medical marihuana facilities licensing act.
(d) Sell or transfer overages to a grower licensed under the medical marihuana facilities licensing act if all of the following conditions are met:
(i) The sale or transfer is entered into the statewide monitoring system as required under section 3 of the marihuana tracking act, MCL 333.27903.
(ii) The sale or transfer is conducted using a secure transporter licensed under the medical marihuana facilities licensing act.
(iii) The outside of the packaging that contains the marihuana includes a label with all of the following information:
(A) The name of the licensed specialty medical grower.
(B) The name of the safety compliance facility that performs the testing under subparagraph (iv).
(iv) Before the sale or transfer, the marihuana is tested by a safety compliance facility licensed under the medical marihuana facilities licensing act in compliance with the testing standards then in effect for marihuana sold by a provisioning center licensed under the medical marihuana facilities licensing act.
(e) Purchase marihuana from a provisioning center licensed under the medical marihuana facilities licensing act for a purpose described in subdivision (b) or (c).
(5) A licensed specialty medical grower must cultivate or manufacture marihuana in a single enclosed, locked facility at the location the licensed specialty medical grower provided in its application for licensure. A licensed specialty medical grower shall display his or her certificate of licensure, or a copy of the certificate, in a conspicuous place on the enclosed, locked facility. The location at which the licensed specialty medical grower cultivates or manufactures marihuana must be unzoned or zoned for agricultural or industrial use. The marijuana regulatory agency, a local law enforcement agency, or the department of state police may inspect the location, any property at the location, or the enclosed, locked facility at any time, with or without notice. Only 1 licensed specialty medical grower may cultivate or manufacture marihuana at the same location, unless both of the following conditions are met:
(a) The local unit of government in which the location is located has adopted an ordinance that explicitly authorizes more than 1 licensed specialty medical grower to cultivate or manufacture marihuana at the same location.
(b) Each licensed specialty medical grower cultivates or manufactures marihuana in a separate enclosed, locked facility that does not share an entrance or metered utilities with any other enclosed, locked facility.
(6) A licensed specialty medical grower may designate an individual to assist the licensed specialty medical grower in cultivating marihuana. To designate an individual, the licensed specialty medical grower must do both of the following:
(a) Submit the individual's name, date of birth, telephone number, and home address to the marijuana regulatory agency on a form and in a manner as provided for by the marijuana regulatory agency.
(b) Input the information required to be submitted under subdivision (a) into the statewide monitoring system.
(7) The marijuana regulatory agency shall approve an individual designated under subsection (6) to assist a licensed specialty medical grower if all of the following conditions are met:
(a) Approving the individual would not result in more than 2 individuals being approved to assist the licensed specialty medical grower at the same time.
(b) The individual meets the requirements listed in subsection (2)(b) to (d) for licensure as a licensed specialty medical grower.
(8) If a licensed specialty medical grower violates this act, the rules promulgated under this act, or the marihuana tracking act, or if the licensed specialty medical grower ceases to meet the requirements for licensure listed in subsection (2)(b) to (d), all of the following apply:
(a) The marijuana regulatory agency, a local law enforcement agency, or the department of state police may confiscate or destroy any marihuana or equipment used to cultivate or manufacture marihuana that is any of the following:
(i) In the possession of the licensed specialty medical grower.
(ii) Located at the location at which the licensed specialty medical grower cultivates or manufactures marihuana.
(iii) Owned by the licensed specialty medical grower.
(b) The marijuana regulatory agency may suspend, revoke, or restrict the licensed specialty medical grower's license or deny the licensed specialty medical grower's application for licensure in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(9) The marijuana regulatory agency may suspend a specialty medical grower's license without notice or hearing if the marijuana regulatory agency determines that the safety or health of registered qualifying patients or members of the public is jeopardized by the continued operation of the licensed specialty medical grower. If the marijuana regulatory agency suspends a license under this subsection without notice or hearing, the marijuana regulatory agency must hold a prompt postsuspension hearing to determine if the suspension should remain in effect. The suspension may remain in effect until the marijuana regulatory agency determines that the cause for suspension has been abated. The marijuana regulatory agency may revoke the license if the marijuana regulatory agency determines that the licensee has not made satisfactory progress toward abatement.
(10) If a party that is aggrieved by an action taken by the marijuana regulatory agency to suspend, revoke, restrict, or refuse to renew a specialty medical grower license, or to impose a fine, requests the marijuana regulatory agency to hold a hearing on the action, the marijuana regulatory agency shall hold a hearing if the request is made in writing to the marijuana regulatory agency not later than 21 days after the date the marijuana regulatory agency serves notice of the action to the party. The marijuana regulatory agency must serve notice by personal delivery or certified mail, prepaid postage, to the aggrieved party. Notice served by certified mail is considered complete on the business day following the date of the mailing.
(11) The marijuana regulatory agency may do any of the following to exercise its duties under this act:
(a) Conduct investigative and contested case hearings.
(b) Issue subpoenas to compel the attendance of witnesses.
(c) Issue subpoenas to compel the production of books, ledgers, records, memoranda, electronically retrievable data, and other documents.
(d) Administer oaths and affirmations to witnesses.
(12) A specialty medical grower license is a revocable privilege granted by this state and is not a property right. Granting a license does not create or vest a right, title, franchise, or any other property interest. A specialty medical grower license is not transferable.
5. Department to Promulgate Rules.
Sec. 5. (1) (a) Not later than 120 days after the effective date of this act, the department The marijuana regulatory agency shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in which the department marijuana regulatory agency shall consider the addition of medical conditions or treatments to the list of debilitating medical conditions set forth in section 3(a) of this act. In promulgating rules, the department shall 3. The marijuana regulatory agency's rules must allow for petition by the public to include additional medical conditions and treatments. In considering such petitions, a petition, the department marijuana regulatory agency shall include public notice of, and an opportunity to comment in a public hearing upon, such petitions. on, the petition. The department marijuana regulatory agency shall, after the public hearing on the petition, approve or deny such petitions within the petition not later than 180 days of after the submission of the petition. The approval or denial of such a petition shall be considered is a final department action , that is subject to judicial review pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Jurisdiction and venue for judicial review are vested in the circuit court for the county of Ingham.
(2) (b) Not later than 120 days after the effective date of this act, the department The marijuana regulatory agency shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in which it the marijuana regulatory agency shall consider applications for and renewals of registry identification cards for qualifying patients and primary caregivers. The department's marijuana regulatory agency's rules shall must establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this act, not including the licensure process for licensed specialty medical growers. The department marijuana regulatory agency may establish a sliding scale of application and renewal fees based upon on a qualifying patient's family income. The department marijuana regulatory agency may accept gifts, grants, and other donations from private sources in order to reduce the application and renewal fees.
(3) The marijuana regulatory agency may promulgate rules or emergency rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
6. Administering the Marijuana Regulatory Agency's Rules.
Sec. 6. (a) The marijuana regulatory agency shall issue a registry identification cards card to a qualifying patients who submit patient if the qualifying patient submits all of the following , to the marijuana regulatory agency in accordance with the marijuana regulatory agency's rules:
(1) A written certification.
(2) Application or renewal fee, as applicable.
(3) Name, address, and date of birth of the qualifying patient, except that if the applicant qualifying patient is homeless, no an address is not required.
(4) Name, address, and telephone number of the qualifying patient's physician.
(5) Name, address, and date of birth of the qualifying patient's primary caregiver or licensed specialty medical grower, if any.
(6) Proof of Michigan legal residency in this state. For the purposes of this subdivision, a person an individual is considered to have proved legal residency in this state if any of the following apply:
(i) The person individual provides a copy of a valid, lawfully obtained Michigan driver license issued to the individual under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued to the individual under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The person individual provides a copy of a valid Michigan voter registration.
(7) If the qualifying patient designates a primary caregiver or licensed specialty medical grower, a designation as to whether the qualifying patient, or primary caregiver, or licensed specialty medical grower will be allowed under state law to possess marihuana plants for the qualifying patient's medical use.
(b) The marijuana regulatory agency shall not issue a registry identification card to a qualifying patient who is under the age of less than 18 years of age unless all of the following conditions are met:
(1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marihuana to the qualifying patient and to his or her parent or legal guardian.
(2) The qualifying patient's parent or legal guardian submits a written certification from 2 physicians.
(3) The qualifying patient's parent or legal guardian consents in writing to do all of the following:
(i) (A) Allow the qualifying patient's medical use of marihuana.
(ii) (B) Serve Do 1 or both of the following:
(A) Serve as the qualifying patient's primary caregiver or licensed specialty medical grower.
(B) Approve of a primary caregiver or licensed specialty medical grower for the qualifying patient.
(iii) (C) Control the acquisition of the marihuana, the dosage, and the frequency of the medical use of marihuana by the qualifying patient.
(c) The marijuana regulatory agency shall verify the information contained in an application or renewal submitted pursuant to under this section , and shall approve or deny an application or renewal within not later than 15 business days after receiving it. The marijuana regulatory agency may deny an application or renewal only if the applicant did not provide the information required pursuant to this section , or if the marijuana regulatory agency determines that the information provided was falsified. Rejection of an application or renewal is considered a final marijuana regulatory agency action , that is subject to judicial review. Jurisdiction and venue for judicial review are vested in the circuit court for the county of Ingham.
(d) The marijuana regulatory agency shall issue a registry identification card to the primary caregiver, if any, an individual who is named as the primary caregiver in a registered qualifying patient's approved application . However, each as follows:
(1) For an application submitted before March 21, 2022, if all of the following conditions are met:
(i) The individual is 21 years of age or older.
(ii) The individual has agreed to assist with the registered qualifying patient's medical use of marihuana.
(iii) In the immediately preceding 10 years, the individual has not been convicted of a felony.
(iv) The individual has not been convicted of either of the following:
(A) A felony involving illegal drugs.
(B) A felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(2) For an application submitted on or after March 21, 2022, if all of the following conditions are met:
(i) The individual is 21 years of age or older.
(ii) The individual has agreed to assist with the registered qualifying patient's medical use of marihuana.
(iii) In the immediately preceding 10 years, the individual has not been convicted of a felony. This subdivision does not apply to a conviction based solely on a marihuana-related offense, unless the offense involved the distribution of marihuana to a minor.
(iv) The individual has not been convicted of either of the following:
(A) A felony involving illegal drugs.
(B) A felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(v) The individual provides to the marijuana regulatory agency the address of the location at which the individual will cultivate or manufacture marihuana.
(e) Except as otherwise allowed under subsection (b)(3)(ii), a registered qualifying patient can have not more than may be connected through the marijuana regulatory agency's registration process to only 1 of the following at the same time:
(1) A registered primary caregiver. , and
(2) A licensed specialty medical grower.
(f) Before March 21, 2022 a primary caregiver may assist not more than 5 registered qualifying patients with their each registered qualifying patient's medical use of marihuana. On or after March 21, 2022 a primary caregiver may assist only 1 registered qualifying patient with the registered qualifying patient's medical use of marihuana.
(g) (e) The marijuana regulatory agency shall issue a registry identification cards within card not later than 5 business days after approving it approves an application or renewal. A registry identification card expires 2 years after the date it is issued. Registry A registry identification cards card must contain all of the following:
(1) Name, address, and date of birth of the registered qualifying patient.
(2) Name, address, and date of birth of the primary caregiver or licensed specialty medical grower, if any, of the registered qualifying patient.
(3) The date of issuance and expiration date of the registry identification card.
(4) A random identification number.
(5) A photograph, if the marijuana regulatory agency requires one by rule.
(6) A clear designation showing that shows whether the registered primary caregiver or the registered qualifying patient will be allowed under state law to possess the marihuana plants for the registered qualifying patient's medical use , which shall be as determined based solely on by the registered qualifying patient's preference.patient.
(h) (f) If a registered qualifying patient's certifying physician notifies the marijuana regulatory agency in writing that the registered qualifying patient has ceased to suffer from a debilitating medical condition, the registered qualifying patient's card becomes null and void upon notification by from the marijuana regulatory agency to the registered qualifying patient.
(i) (g) Possession of, or application for, a registry identification card shall or specialty medical grower license does not constitute probable cause or reasonable suspicion, nor shall it must not be used to support the search of the person individual or property of the person individual possessing or applying for the registry identification card, or otherwise and does not subject the person individual or property of the person individual to inspection by any local, county, or state governmental agency. This subsection does not apply to an inspection described in section 4c(5).
(j) (h) The following confidentiality rules apply:
(1) Subject to subdivisions (3) and (4), to (5), applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers, and physicians, and licensed specialty medical growers, are confidential.
(2) The marijuana regulatory agency shall maintain a confidential list of the persons individuals to whom the marijuana regulatory agency has issued registry identification cards or granted specialty medical grower licenses. Except as provided in subdivisions (3) and (4), to (5), individual names and other identifying information on the list are confidential and are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) The marijuana regulatory agency shall verify to law enforcement personnel and to the necessary database created in the marihuana tracking act as established by the medical marihuana facilities licensing act whether a registry identification card or specialty medical grower license is valid , without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card or specialty medical grower license.
(4) The marijuana regulatory agency may disclose to the department of state police or a local law enforcement agency the address of the location at which a registered primary caregiver or licensed specialty medical grower cultivates or manufactures marihuana.
(5) (4) A person, including an employee, contractor, or official officer of the marijuana regulatory agency or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $1,000.00, or both. Notwithstanding this provision, subdivision, a marijuana regulatory agency employees may notify law enforcement about falsified or fraudulent information submitted to the marijuana regulatory agency.
(k) (i) The marijuana regulatory agency shall submit to the legislature an annual report that does not disclose any identifying information about qualifying patients, primary caregivers, licensed specialty medical growers, or physicians, but does contain, at a minimum, all of the following information:
(1) The number of applications filed for registry identification cards.
(2) The number of applications filed for specialty medical grower licenses.
(3) (2) The number of registered qualifying patients and registered primary caregivers approved in each county.
(4) The number of licenses granted to licensed specialty medical growers in each county.
(5) (3) The nature of the debilitating medical conditions of the qualifying patients.
(6) (4) The number of registry identification cards revoked.
(7) The number of specialty medical grower licenses revoked.
(8) (5) The number of physicians providing written certifications for qualifying patients.
(l) (j) The marijuana regulatory agency may enter into a contract with a private contractor to assist the marijuana regulatory agency in performing its duties under this section. The contract may provide for assistance in processing and issuing registry identification cards, but the marijuana regulatory agency shall must retain the authority to make the final determination as to issuing the a registry identification card. Any contract must include a provision requiring the contractor to preserve the confidentiality of information in conformity with subsection (h).(j).
(m) (k) Not later than 6 months after April 1, 2013, the marijuana regulatory agency shall appoint a panel to review petitions to approve medical conditions or treatments for addition to the list of debilitating medical conditions under the rules. The panel shall meet at least twice 2 times each year and shall review and make a recommendation to the marijuana regulatory agency concerning any submitted petitions that have been submitted that are completed complete and include any documentation required by rule. All of the following apply to the panel:
(1) A majority of the panel members must be licensed physicians, and the panel shall provide recommendations to the marijuana regulatory agency regarding whether the petitions should be approved or denied.
(2) All meetings of the panel are subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(n) (l) The marihuana registry fund is created within the state treasury. All fees collected under this act shall be deposited into the fund. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund. The marijuana regulatory agency shall be the administrator of the fund for auditing purposes. The marijuana regulatory agency shall expend money from the fund, upon appropriation, for the operation and oversight of the Michigan medical marihuana program. For the fiscal year ending September 30, 2016, $8,500,000.00 is appropriated from the marihuana registry fund to the department for its initial costs of implementing the medical marihuana facilities licensing act and the marihuana tracking act. to implement this act. For the fiscal year ending September 30, 2021, $24,000,000.00 of the money in the marihuana registry fund is transferred to and must be deposited into the Michigan set aside fund created under section 1i of 1965 PA 213, MCL 780.621i.
(m) As used in this section, "marijuana regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001.
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:
(i) (A) In a school bus.
(ii) (B) On the grounds of any preschool or primary or secondary school.
(iii) (C) In any correctional facility.
(3) Smoke marihuana at any of the following locations:
(i) (A) On any form of public transportation.
(ii) (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 public place or motor vehicle, or 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.using a hydrocarbon solvent or any other flammable substance.
(c) Nothing in this This act shall be construed to does not require 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 officer 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 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.
8. Affirmative Defense and Dismissal for Medical Marihuana.
Sec. 8. (1) (a) Except as provided in section 7(b), a registered qualifying patient, and or a patient's registered primary caregiver or licensed specialty medical grower to whom the registered qualifying patient is connected through the marijuana regulatory agency's registration process, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be is presumed valid where if the evidence shows that:all of the following:
(a) (1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the registered qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the registered qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the registered qualifying patient's serious or debilitating medical condition or symptoms of the registered qualifying patient's serious or debilitating medical condition. ;
(b) (2) The registered qualifying patient, and the patient's a registered primary caregiver or licensed specialty medical grower to whom the registered qualifying patient is connected through the marijuana regulatory agency's registration process, 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 alleviating the registered qualifying patient's serious or debilitating medical condition or symptoms of the registered qualifying patient's serious or debilitating medical condition. ; and
(c) (3) The registered qualifying patient and the patient's a registered primary caregiver or licensed specialty medical grower to whom the registered qualifying patient is connected through the marijuana regulatory agency's registration process, 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 registered qualifying patient's serious or debilitating medical condition or symptoms of the registered qualifying patient's serious or debilitating medical condition.
(2) (b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall must be dismissed following an evidentiary hearing where at which the person shows the elements listed in subsection (a).(1).
(3) (c) If a registered qualifying patient, or a patient's registered primary caregiver or licensed specialty medical grower to whom the registered qualifying patient is connected through the marijuana regulatory agency's registration process, if any, demonstrates the registered qualifying patient's medical purpose for using marihuana pursuant to this section, the registered qualifying patient, and the patient's registered primary caregiver, shall and the licensed specialty medical grower are not be subject to the following for the registered qualifying patient's medical use of marihuana:
(a) (1) disciplinary Disciplinary action by a business or occupational or professional licensing board or bureau. ; or
(b) (2) forfeiture Forfeiture of any interest in or right to property.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No.5300.
(b) Senate Bill No.____ or House Bill No.____ (request no. 04326'21).
(c) Senate Bill No.____ or House Bill No.____ (request no. 04327'21).
(d) Senate Bill No.____ or House Bill No.5302.