Bill Text: MI HB5622 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Medical marihuana; other; sale of marihuana to a registered qualifying patient who is visibly intoxicated; prohibit, and create cause of action for harm that the registered qualifying patient causes. Amends 2016 PA 281 (MCL 333.27101 - 333.27801) by adding sec. 504a.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-12 - Referred To Committee On Government Operations [HB5622 Detail]
Download: Michigan-2019-HB5622-Introduced.html
HOUSE BILL NO. 5622
March 12, 2020, Introduced by Reps. Rabhi and
Lilly and referred to the Committee on Government Operations.
A bill to amend 2016 PA 281, entitled
"Medical marihuana facilities licensing act,"
(MCL 333.27101 to 333.27801) by adding section 504a.
the people of the state of michigan enact:
Sec. 504a. (1) A licensee authorized to sell or otherwise transfer
marihuana under this act or a rule promulgated under this act shall not
directly, or by a clerk, agent, or servant, sell or otherwise transfer
marihuana to a registered qualifying patient who, at the time of the sale or
transfer, is visibly intoxicated.
(2) Except as otherwise provided in this section, an individual who suffers damage or is personally injured by a registered qualifying patient as a result of a violation of subsection (1), if the violation is a proximate cause of the damage or personal injury or death, shall have a right of action in his or her name against the licensee that sold or transferred the marihuana.
(3) An action under this section must be instituted within 2 years after the injury or death. A person shall give written notice to all defendants within 120 days after entering an attorney-client relationship for the purposes of pursuing a claim for damages under this section. Failure to give written notice to the licensee within that time period is grounds for dismissal of the claim unless the licensee could not be identified within that time period with reasonable diligence. If the licensee is identified after that time period, failure to give written notice within 120 days thereafter is grounds for dismissal. In the event of the death of either party, the right of action under this section survives to or against his or her personal representative.
(4) An action under this section shall not be commenced unless the registered qualifying patient is a named defendant and is retained in the action until the litigation is concluded by final action or the licensee is dismissed with prejudice.
(5) A licensee described in subsection (2) has the right to full indemnification from the registered qualifying patient for all damages awarded against the licensee.
(6) All defenses of the registered qualifying patient are available to the licensee.
(7) It is presumed that a licensee, other than the licensee that last sold or transferred marihuana to a registered qualifying patient, is not a proximate cause of an injury that gave rise to a cause of action under subsection (2). This presumption may be overcome by clear and convincing evidence.
(8) A registered qualifying patient described in subsection (1) does not have a cause of action under this section. A person does not have a cause of action against a licensee for any loss or damage sustained resulting from the injury or death of the registered qualifying patient.
(9) The only damages recoverable under this section are for wage loss, replacement services, or medical expenses actually incurred and not otherwise recoverable by an injured person under any other provision of law or insurance policy. The maximum recovery for damages under this section is $100,000.00.
(10) A licensee authorized to sell or otherwise transfer marihuana under this act or a rule promulgated under this act must maintain insurance coverage provided by an insurance company licensed and admitted in this state in a minimum amount of $100,000.00 for actions brought under subsection (2).
(11) This section provides the exclusive remedy for money damages against a licensee and the licensee's clerks, agents, and employees arising out of a violation of subsection (1). This subsection does not apply to a remedy available under law to lawful users of marihuana for liability resulting from the manufacture, distribution, transportation, or sale of adulterated marihuana.
(12) Except as otherwise provided in this section, a civil action against a licensee is subject to the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
(13) As used in this section:
(a) "Adulterated marihuana" means that term as defined in section 408.
(b) "Visibly intoxicated" means displaying obvious, objective, and visible evidence of intoxication that would be apparent to an ordinary observer.
(c) "Written notice" means a communication in writing that does all of the following:
(i) Identifies the minor or alleged visibly intoxicated person by name and address.
(ii) States all of the following:
(A) The date of the alleged violation of subsection (1).
(B) The name and address of the injured or killed individual.
(C) The location and circumstances of the accident or event that caused injury or death.
(D) The date of retention of the person or law firm giving the notice.
