Bill Text: MI HB6394 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; pharmaceuticals; formation of medicinal marihuana clubs or operation of medical marihuana bars; prohibit. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 7421.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2010-08-25 - Printed Bill Filed 08/25/2010 [HB6394 Detail]

Download: Michigan-2009-HB6394-Introduced.html

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HOUSE BILL No. 6394

 

August 24, 2010, Introduced by Reps. Rick Jones, Agema, Knollenberg and Kowall and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 7421.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7421. (1) A person shall not organize or operate a

 

marihuana club.

 

     (2) A person shall not operate a marihuana bar or knowingly

 

allow land or a structure on land owned by or in the possession of

 

the person to be used as a marihuana bar.

 

     (3) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not more than $500.00, or both.

 

     (4) As used in this section:

 

     (a) "Marihuana bar" means, subject to subdivision (c), land or

 

a structure on land where an individual is allowed to use marihuana

 

under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421

 

to 333.26430, if the use of marihuana on the property is

 

conditioned on the payment of a fee.

 

     (b) "Marihuana club" means, subject to subdivision (c), an

 

association of individuals with membership restricted to those who

 

pay money or any other thing of value to become members, the

 

purpose of which is to allow more than 1 individual to use

 

marihuana under the Michigan medical marihuana act, 2008 IL 1, MCL

 

333.26421 to 333.26430, at the same time in the same private place.

 

     (c) "Marihuana bar" and "marihuana club" do not include any of

 

the following:

 

     (i) Property used as a hospice licensed under part 214 of the

 

public health code, 1978 PA 368, MCL 333.21401 to 333.21420.

 

     (ii) Property used as a nursing home or skilled nursing

 

facility licensed under part 217 of the public health code, 1978 PA

 

368, MCL 333.21701 to 333.21799e.

 

     (iii) Property where marihuana is legally dispensed under the

 

Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to

 

333.26430.

 

     (d) "Payment of a fee" means the payment of money or any other

 

thing of value. Payment of a fee includes the purchase of goods or

 

services, including goods or services that are not incidental to

 

the use of marihuana, and the payment of money or any other thing

 

of value to belong to an association of individuals.