Bill Text: MI SB0977 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Controlled substances; marihuana; use of medical marihuana for treatment of glaucoma; prohibit. Amends secs. 3 & 5 of 2008 IL 1 (MCL 333.26423 & 333.26425).

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-03-22 - Referred To Committee Of The Whole With Substitute S-1 [SB0977 Detail]

Download: Michigan-2011-SB0977-Introduced.html

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SENATE BILL No. 977

 

 

February 23, 2012, Introduced by Senators JONES, KAHN, MARLEAU and PAPPAGEORGE and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 2008 IL 1, entitled

 

"Michigan medical marihuana act,"

 

by amending sections 3 and 5 (MCL 333.26423 and 333.26425).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     3. Definitions.

 

     Sec. 3. (1) As used in this act:

 

     (a) Except as otherwise provided in subsection (2),

 

"Debilitating "debilitating medical condition" means 1 or more of

 

the following:

 

     (i) (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.

 

     (ii) (2) A chronic or debilitating disease or medical condition

 

or its treatment that produces 1 or more of the following: cachexia

 

or wasting syndrome; severe and chronic pain; severe nausea;

 

seizures, including but not limited to those characteristic of

 

epilepsy; or severe and persistent muscle spasms, including but not

 

limited to those characteristic of multiple sclerosis.

 

     (iii) (3) Any other medical condition or its treatment approved

 

by the department, as provided for in section 5(a).

 

     (b) "Department" means the state department of community

 

health.

 

     (c) "Enclosed, locked facility" means a closet, room, or other

 

enclosed area equipped with locks or other security devices that

 

permit access only by a registered primary caregiver or registered

 

qualifying patient.

 

     (d) "Marihuana" means that term as defined in section 7106 of

 

the public health code, 1978 PA 368, MCL 333.7106.

 

     (e) "Medical use" means the acquisition, possession,

 

cultivation, manufacture, use, internal possession, delivery,

 

transfer, or transportation of marihuana 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.

 

     (f) "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.

 

     (g) "Primary caregiver" means a person who is at least 21

 

years old and who has agreed to assist with a patient's medical use

 

of marihuana and who has never been convicted of a felony involving

 

illegal drugs.

 

     (h) "Qualifying patient" means a person who has been diagnosed

 

by a physician as having a debilitating medical condition.

 

     (i) "Registry identification card" means a document issued by

 

the department that identifies a person as a registered qualifying

 

patient or registered primary caregiver.

 

     (j) "Usable marihuana" means the dried leaves and flowers of

 

the marihuana plant, and any mixture or preparation thereof, but

 

does not include the seeds, stalks, and roots of the plant.

 

     (k) "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.

 

     (l) "Written certification" means a document signed by a

 

physician, stating the patient's debilitating medical condition and

 

stating that, 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.

 

     (2) For purposes of this act, on and after the effective date

 

of the amendatory act that added this subsection, glaucoma or its

 

treatment is not a debilitating medical condition.

 

     5. Department to Promulgate Rules.

 

     Sec. 5. (a) Not later than 120 days after the effective date

 

of this act, the The department 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 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. 3(1)(a). In promulgating rules, the department shall

 

allow for petition by the public to include additional medical

 

conditions and treatments. In considering such petitions, the

 

department shall include public notice of, and an opportunity to

 

comment in a public hearing upon, such petitions. The department

 

shall, after hearing, approve or deny such petitions within 180

 

days of the submission of the petition. The approval or denial of

 

such a petition shall be considered a final department action,

 

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. The department shall not

 

include glaucoma or its treatment in the list of debilitating

 

medical conditions under this act.

 

     (b) Not later than 120 days after the effective date of this

 

act, the The department 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 shall consider

 

applications for and renewals of registry identification cards for

 

qualifying patients and primary caregivers. The department's rules

 

shall establish application and renewal fees that generate revenues

 

sufficient to offset all expenses of implementing and administering

 

this act. The department may establish a sliding scale of

 

application and renewal fees based upon a qualifying patient's

 

family income. The department may accept gifts, grants, and other

 

donations from private sources in order to reduce the application

 

and renewal fees.