GregS
Well-Known Member
The State of Michigan will begin debate on a dispensary, a.k.a, provisioning center, bill (http://www.legislature.mi.gov/(S(p443eiq0ufpw3l553olctqin))/mileg.aspx?page=getobject&objectname=2013-HB-4271) that would establish state regulated cannabis outlets dependent on local community determinations. The first hearing in the House Judiciary Committee will be this Thursday, May 23rd, at 9:00 am. Presently there is an exceptional patient/caregiver cottage industry permitted, and some consider it the best system in the country. Some of us contend that it is sufficient to provide patients with necessary dope, and that there is no need to establish retail outlets. Costs are an important factor, and we can only expect to pay double what the stuff sells for from caregiver to patient under the current schema. There are several monied interests lined up to take advantage of this proposed government boondoggle. Beside dispensary interests, Mediswipe, a tracking company, is standing at the ready to take our fingerprints to track our use of the drug, using digital identifying software. It goes without saying that regulatory costs and taxes will immensely drive up the cost to patients. Some of these interests have expressed that caregivers are apt to provide substandard quality product and service. We take pride in our workmanship and dispute those allegations. We are straightforwardly offended. Given enough leash, these people would throw the current system under the bus.
Do your homework. There will be a quiz.
HOUSE BILL No. 4271
February 19, 2013, Introduced by Reps. Call
ton, McMillin, Pettalia, Bumstead, Foster,
Daley, Irwin, Dillon, Stanley, Hovey-Wright,
MacMaster, Ananich,
Stallworth, Cavanagh,
Singh, Yonker and Potvin and referred to the Committee on Judiciary.
A bill to regulate medical marihuana provisioning centers and
other related entities; to provide for the powers and duties of
certain state and local governmental officers and entities; to
provide immunity for persons engaging in certain activities in
compliance with this act; to prescribe penalties and sanctions and
provide remedies; and to allow the promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
1
"medical marihuana provisioning center regulation act".
2
Sec. 2. As used in this act:
3
(a) "Debilitating medical condition" means that term as
4
defined in section 3 of the Michigan medical marihuana act, MCL
5
333.26423.
6
(b) "Excluded felony offense" means a felony involving illegal
7
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drugs. Excluded felony offense does not include a conviction for
1
activity allowed under the Michigan medical marihuana act or this
2
act, even if the activity occurred before the enactment of this act
3
or the Michigan medical marihuana act.
4
(c) "Marihuana" means that term as defined in section 3 of the
5
Michigan medical marihuana act, MCL 333.26423.
6
(d) "Medical marihuana" means marihuana for medical use as
7
that term is defined in section 3 of the Michigan medical marihuana
8
act, MCL 333.26423.
9
(e) "Medical marihuana provisioning center" or "provisioning
10
center" means a commercial entity located in this state that
11
acquires, possesses, cultivates, manufactures, delivers, transfers,
12
or transports medical marihuana and sells, supplies, or dispenses
13
medical marihuana to registered qualifying patients, directly or
14
through the patients' registered primary caregivers. Provisioning
15
center includes any commercial property where medical marihuana is
16
sold to registered qualifying patients and registered primary
17
caregivers.
18
(f) "Michigan medical marihuana act" means the Michigan
19
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
20
(g) "Municipality" means a city, township, or village.
21
(h) "Paraphernalia" means drug paraphernalia as defined in
22
section 7451 of the public health code, 1978 PA 368, MCL 333.7451,
23
that is or may be used in association with medical marihuana.
24
(i) "Provisioning center agent" means a principal officer,
25
board member, employee, or operator, or any other individual acting
26
as an agent of a provisioning center.
27
3
00203'13 KKR
(j) "Registered primary caregiver" means a person who has a
1
valid, unexpired registry identification card as a primary
2
caregiver or who satisfies the criteria listed in section 9(b) or
3
(c) of the Michigan medical marihuana act, MCL 333.26429, and
4
possesses the documentation that constitutes a valid registry
5
identification card under that section.
6
(k) "Registered qualifying patient" means a person who meets
7
any of the following requirements:
8
(
i
) Has a valid, unexpired registry identification card as a
9
qualifying patient.
10
(
ii
) Satisfies the criteria listed in section 9(b) or (c) of
11
the Michigan medical marihuana act, MCL 333.26429, and possesses
12
the documentation that constitutes a valid registry identification
13
card under that section.
14
(
l
) "Registry identification card" means that term as defined
15
in section 3 of the Michigan medical marihuana act, MCL 333.26423.
16
(m) "Safety compliance facility" means an entity that tests
17
marihuana produced for medical use for contaminants or potency.
18
(n) "Safety compliance facility agent" means a principal
19
officer, board member, employee, operator, or agent of a safety
20
compliance facility.
21
(o) "Seedling" means a marihuana plant that has no flowers, is
22
less than 12 inches in height, and is less than 12 inches in
23
diameter.
24
(p) "Usable marihuana" means the completely dried leaves and
25
flowers of the marihuana plant but does not include the seeds,
26
stalks, nondried leaves, or roots of the plant. Any cooking mixture
27
4
00203'13 KKR
or preparation used to prepare marihuana infused ingestible or
1
topical products is not usable marihuana, if the ingestible or
2
topical product has or will have the amount of actual marihuana
3
plant material used in its preparation clearly marked on its
4
packaging.
5
(q) "Visiting qualifying patient" means a patient who is not a
6
resident of this state or who has been a resident of this state for
7
less than 30 days and who possesses a registry identification card,
8
or its equivalent, that was issued under the laws of another state,
9
district, territory, commonwealth, or insular possession of the
10
United States and that allows the use of medical marihuana by the
11
patient.
12
Sec. 3. (1) Except as otherwise provided in this act, if a
13
provisioning center has been granted any applicable required
14
municipal registration or license and is operating in compliance
15
with this act and any applicable municipal ordinance, the
16
provisioning center and the provisioning center agents acting on
17
its behalf are not subject to any of the following for engaging in
18
activities described in subsection (2):
19
(a) Criminal penalties under state law or local ordinances.
20
(b) State or local civil prosecution.
21
(c) Search or inspection, except for an inspection authorized
22
by the municipality.
23
(d) Seizure.
24
(e) Any sanction, including disciplinary action or denial of a
25
right or privilege, by a business or occupational or professional
26
licensing board or bureau.
27
5
00203'13 KKR
(2) Activities that are exempt from regulation and sanctions
1
under subsection (1) include all of the following:
2
(a) Purchasing or receiving marihuana seeds to grow medical
3
marihuana from visiting qualifying patients, registered qualifying
4
patients, registered primary caregivers, or provisioning centers.
5
(b) Purchasing or receiving medical marihuana, including
6
seedlings, from 1 or more other provisioning centers if purchasing
7
or receiving medical marihuana from the provisioning center is not
8
prohibited by the municipality where the provisioning center is
9
located.
10
(c) Purchasing or receiving medical marihuana from a
11
registered qualifying patient or a registered primary caregiver if
12
purchasing or receiving medical marihuana from a registered
13
qualifying patient or registered primary caregiver is not
14
prohibited by the municipality where the provisioning center is
15
located and if the amount purchased does not exceed the registered
16
qualifying patient's or registered primary caregiver's medical
17
marihuana possession limits under the Michigan medical marihuana
18
act.
19
(d) Cultivating or manufacturing medical marihuana.
20
(e) Possessing or manufacturing paraphernalia.
21
(f) Possessing or processing medical marihuana produced by the
22
provisioning center or obtained pursuant to subdivision (a) or (b)
23
on the provisioning center premises or while the medical marihuana
24
is being transported pursuant to this section.
25
(g) If not prohibited by municipal law, transporting medical
26
marihuana, including seedlings, between the provisioning center and
27
6
00203'13 KKR
another provisioning center or a safety compliance facility.
1
(h) Transporting or delivering medical marihuana or
2
paraphernalia to the residence of a registered qualifying patient
3
or a registered primary caregiver if transportation and delivery
4
are not prohibited by the municipality in which the transportation
5
and delivery occur.
6
(i) Supplying, selling, dispensing, transferring, or
7
delivering medical marihuana, paraphernalia, or related supplies
8
and educational materials in compliance with the procedures and
9
limitations detailed in section 7(11) to (13).
10
Sec. 3a. An entity that, on the effective date of this act, is
11
operating in this state as a provisioning center, is operating and
12
continues to operate in compliance with this act, and is not
13
prohibited by any applicable municipal ordinance may continue to
14
operate as a provisioning center under this act. An entity
15
described in this section is considered a provisioning center under
16
this act, and the entity and the agents acting on its behalf are
17
eligible for the immunity provided in this act and are subject to
18
the penalties, sanctions, and remedies prescribed or provided in
19
this act.
20
Sec. 4. (1) Except as otherwise provided in this act, a safety
21
compliance facility that has been granted any applicable required
22
municipal registration or license and is operating in compliance
23
with any applicable municipal ordinance and this act is not subject
24
to any of the following for engaging in activities described in
25
subsection (2):
26
(a) Criminal penalties under state law or local ordinances.
27
7
00203'13 KKR
(b) State or local civil prosecution.
1
(c) Search or inspection, except for an inspection authorized
2
by the municipality.
3
(d) Seizure.
4
(e) Any sanction, including disciplinary action or denial of a
5
right or privilege, by a business or occupational or professional
6
licensing board or bureau.
7
(2) Activities that are exempt from regulation and sanction
8
under subsection (1) include all of the following:
9
(a) Acquiring or possessing medical marihuana obtained from
10
registered qualifying patients, registered primary caregivers, or
11
provisioning centers.
12
(b) Returning the medical marihuana to the registered
13
qualifying patient, registered primary caregiver, or provisioning
14
center that delivered the medical marihuana to the safety
15
compliance facility.
16
(c) Transporting medical marihuana to or from a registered
17
qualifying patient, registered primary caregiver, or provisioning
18
center.
19
(d) Possessing medical marihuana on the safety compliance
20
facility's premises for testing, if the medical marihuana was
21
obtained pursuant to subdivision (a) or (b).
22
(e) Receiving compensation for actions permitted pursuant to
23
this section and municipal law.
24
Sec. 5. (1) A municipality may prohibit the operation of
25
provisioning centers or safety compliance facilities within the
26
municipality. A provisioning center is not exempt under section 3
27
8
00203'13 KKR
from state criminal and civil penalties if it operates in a
1
municipality that prohibits provisioning centers. A safety
2
compliance facility is not exempt under section 4 from state
3
criminal and civil penalties if it operates in a municipality that
4
prohibits safety compliance facilities.
5
(2) A municipality may enact an ordinance to impose and
6
enforce additional local requirements on provisioning centers or
7
safety compliance facilities. A municipality may require and issue
8
a registration or license to a provisioning center or safety
9
compliance facility and may regulate operations and impose civil or
10
criminal penalties for the violations of the local ordinance. A
11
municipality may charge a registration or licensing fee for a
12
provisioning center or safety compliance facility that does not
13
exceed the costs to the municipality of regulation, licensing,
14
testing, and inspection.
15
(3) A provisioning center or safety compliance facility
16
located in a municipality that requires a registration or license
17
is exempt under section 3 or 4 from criminal penalties only if the
18
provisioning center or safety compliance facility holds that
19
license or registration.
20
(4) A municipality may require, as a condition of registration
21
or licensure, that a provisioning center or a safety compliance
22
facility provide results of testing of its medical marihuana and
23
medical marihuana products for quality control, purity,
24
contaminants, or any other analysis to protect the health and
25
safety of registered qualifying patients and to assure compliance
26
with this act and an ordinance adopted by the municipality as
27
9
00203'13 KKR
described in this section.
1
Sec. 6. (1) The exemptions for a provisioning center or safety
2
compliance facility under section 3 or 4 apply only if the
3
indicated activities are carried out in compliance with this act.
4
(2) Except for the Michigan medical marihuana act, all other
5
acts and parts of acts inconsistent with this act do not apply to
6
the use of medical marihuana as provided for by this act.
7
Sec. 7. (1) Unless explicitly allowed by a municipal ordinance
8
that was in effect before the effective date of this act, a
9
provisioning center or a safety compliance facility shall not be
10
located within 1,000 feet of the property line of a preexisting
11
primary or secondary school.
12
(2) A provisioning center shall not share office space with a
13
physician.
14
(3) The premises of a provisioning center shall have a
15
security alarm system that is enabled when a provisioning center
16
agent is not present.
17
(4) A provisioning center shall not sell, transfer, or
18
dispense a marihuana-infused product for use as medical marihuana
19
unless it is labeled with both of the following:
20
(a) The weight of marihuana contained in the product.
21
(b) The words "WARNING: This product contains marihuana. For a
22
registered qualifying patient's medical use only." or substantially
23
similar text.
24
(5) A provisioning center shall not advertise medical
25
marihuana for sale on a billboard, television, or radio. The
26
department of licensing and regulatory affairs may promulgate rules
27
10
00203'13 KKR
restricting advertising of medical marihuana. The rules shall not
1
prohibit appropriate signs on the property of a provisioning
2
center, internet websites for a provisioning center or registered
3
primary caregiver, listings in business directories or telephone
4
books, listings in trade or medical print or online publications,
5
or advertising the sponsorship of health or not-for-profit charity
6
or advocacy events.
7
(6) A provisioning center or safety compliance facility shall
8
not knowingly employ an individual who has been convicted of an
9
excluded felony offense during the immediately preceding 10-year
10
period or who is under 21 years of age. A provisioning center or
11
safety compliance facility shall perform a background check on an
12
individual before he or she is offered employment to verify that he
13
or she has not been convicted of an excluded felony offense during
14
the immediately preceding 10-year period.
15
(7) A provisioning center shall maintain records listing each
16
individual employed by the provisioning center, including the
17
beginning employment date and the date a background check was
18
performed.
19
(
A provisioning center shall not allow on-site consumption
20
of medical marihuana, except that a provisioning center agent or
21
employee who is a registered qualifying patient may be permitted to
22
use a medical marihuana-infused topical product.
23
(9) A provisioning center shall not dispense more than 2.5
24
ounces of useable marihuana in any 10-day period to a registered
25
qualifying patient, directly or through his or her registered
26
primary caregiver.
27
11
00203'13 KKR
(10) A provisioning center shall ensure compliance with the
1
dispensing limit under subsection (9) by maintaining internal,
2
confidential dispensing records that specify the amount of medical
3
marihuana dispensed to each registered qualifying patient and
4
registered primary caregiver and whether it was dispensed directly
5
to the registered qualifying patient or the registered primary
6
caregiver. Each entry shall include the date and time the medical
7
marihuana was dispensed. Entries shall be maintained for at least
8
90 days. For any registered qualifying patient or registered
9
qualifying caregiver in possession of a registry identification
10
card, a record shall be kept using the patient's or caregiver's
11
registry identification card number instead of the patient's or
12
caregiver's name. Confidential dispensing records under this act
13
are subject to reasonable inspection by a municipal employee
14
authorized to inspect provisioning centers under municipal law to
15
ensure compliance with this act, but may be stored off-site.
16
Confidential dispensing records under this act are exempt from
17
disclosure under the freedom of information act, 1976 PA 442, MCL
18
15.231 to 15.246. Except as otherwise required by a court order, a
19
provisioning center shall not disclose confidential dispensing
20
records to any person other than a municipal employee performing an
21
inspection in compliance with this subsection or to a provisioning
22
center agent.
23
(11) A provisioning center agent shall not dispense, transfer,
24
or sell medical marihuana to an individual knowing that the
25
individual is not a registered qualifying patient, registered
26
primary caregiver, or provisioning center agent working on behalf
27
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00203'13 KKR
of a provisioning center that is not prohibited from operating or
1
obtaining medical marihuana from other provisioning centers under
2
municipal law.
3
(12) Before medical marihuana is dispensed or sold from a
4
provisioning center, in addition to complying with subsection (13),
5
a provisioning center agent shall do 1 of the following:
6
(a) Verify that the individual requesting medical marihuana
7
holds what the provisioning center agent reasonably believes to be
8
a valid, unexpired registry identification card.
9
(b) Require the individual requesting medical marihuana to do
10
all of the following:
11
(
i
) Certify that he or she is a qualifying patient who
12
submitted a valid, complete application for a registry
13
identification card under the Michigan medical marihuana act at
14
least 20 days earlier.
15
(
ii
) Certify that, to the best of his or her knowledge, this
16
state has not denied the application described in subparagraph (
i
)
17
or issued a registry identification card.
18
(
iii
) Present a copy of the completed registry identification
19
card application and proof of receipt by the state department that
20
processes medical marihuana registry identification card
21
applications at least 20 days before the date of the requested sale
22
or transaction.
23
(c) If the individual requesting medical marihuana indicates
24
that he or she is a provisioning center agent, make a diligent,
25
good-faith effort to verify that the individual is a provisioning
26
center agent for a provisioning center that is allowed to operate
27
13
00203'13 KKR
by a municipality.
1
(13) Before medical marihuana is dispensed or sold from a
2
provisioning center, a provisioning center agent shall make a
3
diligent, good-faith effort to determine that the individual named
4
in the registry identification card or other documentation
5
submitted under subsection (12) is the individual seeking to obtain
6
medical marihuana, by examining what the provisioning center agent
7
reasonably believes to be valid government-issued photo
8
identification.
9
(14) An individual who is under 21 years of age or who has
10
been convicted of an excluded felony offense during the immediately
11
preceding 10-year period shall not serve as a provisioning center
12
agent or safety compliance facility agent. An individual who has
13
not maintained a residence in this state for 2 years or more shall
14
not serve as a principal officer, board member, or operator of a
15
provisioning center or of a safety compliance facility.
16
(15) A provisioning center agent shall not, for monetary
17
compensation, refer an individual to a physician.
18
(16) A provisioning center or safety compliance facility shall
19
not permit a physician to advertise in a provisioning center or
20
safety compliance facility or to hold any financial interest in or
21
receive any compensation from the provisioning center or safety
22
compliance facility.
23
(17) A provisioning center agent or safety compliance facility
24
agent shall not transport or possess medical marihuana on behalf of
25
the provisioning center or safety compliance facility in or upon a
26
motor vehicle or any self-propelled vehicle designed for land
27
14
00203'13 KKR
travel unless all of the following conditions are met:
1
(a) The agent possesses a document signed and dated by a
2
manager or operator of the provisioning center or safety compliance
3
facility that employs the agent, stating the agent's name, the date
4
the medical marihuana will be transported, the approximate amount
5
of medical marihuana transported, and the name of the provisioning
6
center or safety compliance facility from which the medical
7
marihuana is being transported.
8
(b) The medical marihuana is located in 1 or more of the
9
following:
10
(
i
) An enclosed locked container, such as a safe, briefcase, or
11
other case.
12
(
ii
) The trunk of the vehicle.
13
(
iii
) A space that is inaccessible from the passenger
14
compartment of the vehicle.
15
Sec. 8. (1) A provisioning center that violates section 7(1)
16
or (2) is responsible for a state civil infraction and may be
17
ordered to pay a civil fine of not more than $5,000.00. A city or
18
county in which the provisioning center or safety compliance
19
facility operates in violation of section 7(1) or (2) may petition
20
the court for an injunction to close the provisioning center or
21
safety compliance facility.
22
(2) A person who violates section 7(3) to (10), (15), or (16)
23
is responsible for a state civil infraction and may be ordered to
24
pay a civil fine of not more than $1,000.00.
25
(3) A person who transfers medical marihuana in violation of
26
section 7(11) to (13) or who works in violation of section 7(14) is
27
15
00203'13 KKR
not exempt from arrest, prosecution, or criminal or other penalties
1
under section 3 or 4.
2
(4) A person who violates section 7(17) is guilty of a
3
misdemeanor punishable by imprisonment for not more than 30 days or
4
a fine of not more than $500.00, or both.
5
Sec. 9. (1) A municipality may establish procedures to suspend
6
or revoke a registration, license, or other permission to operate
7
if a provisioning center knowingly or negligently allows medical
8
marihuana to be dispensed to an individual who is not a registered
9
qualifying patient or registered primary caregiver or if a
10
provisioning center or safety compliance facility commits multiple
11
or serious violations of this act or local ordinances.
12
(2) This act does not require the violation of federal law and
13
does not give immunity from prosecution under federal law.
14
(3) This act does not prevent federal enforcement of federal
15
law.
16
Sec. 10. (1) Except as otherwise provided in this act, a
17
visiting qualifying patient, registered qualifying patient, or
18
registered primary caregiver who supplies, sells, transfers, or
19
delivers marihuana seeds to a provisioning center that is
20
registered, licensed, or otherwise allowed by the municipality in
21
which it operates in compliance with this act is not subject to any
22
of the following for engaging in that activity:
23
(a) Criminal penalties under state law or local ordinances.
24
(b) State or local civil prosecution.
25
(c) Search or inspection, except for an inspection authorized
26
by the municipality.
27
16
00203'13 KKR
(d) Seizure.
1
(e) Any sanction, including disciplinary action or denial of a
2
right or privilege, by a business or occupational or professional
3
licensing board or bureau.
4
(2) Except as otherwise provided in this act, a registered
5
qualifying patient is not subject to any of the inspections or
6
sanctions listed in subsection (1)(a) to (e) for any of the
7
following:
8
(a) Purchasing or acquiring not more than 2.5 ounces of usable
9
marihuana from 1 or more provisioning centers within a 10-day
10
period.
11
(b) Supplying, selling, transferring, or delivering medical
12
marihuana to a provisioning center that is registered, licensed, or
13
otherwise allowed by the municipality in which it operates if all
14
of the following requirements are met:
15
(
i
) The medical marihuana was produced by the registered
16
qualifying patient or registered primary caregiver.
17
(
ii
) The municipality in which the provisioning center operates
18
allows the transfer of medical marihuana from a registered
19
qualifying patient to a provisioning center.
20
(
iii
) The amount of medical marihuana transferred does not
21
exceed the amount of medical marihuana the registered qualifying
22
patient is allowed to possess under the Michigan medical marihuana
23
act.
24
(3) Except as otherwise provided in this act, a registered
25
primary caregiver is not subject to any of the inspections or
26
sanctions listed in subsection (1)(a) to (e) for any of the
27
17
00203'13 Final Page KKR
following:
1
(a) Purchasing or acquiring from 1 or more provisioning
2
centers not more than 2.5 ounces of usable marihuana in a 10-day
3
period on behalf of a registered qualifying patient who has
4
designated the registered primary caregiver on his or her
5
application to the state department administering the medical
6
marihuana program under the Michigan medical marihuana act.
7
(b) Supplying, selling, transferring, or delivering medical
8
marihuana to a provisioning center that is registered, licensed, or
9
otherwise allowed by the municipality in which it operates if all
10
of the following requirements are met:
11
(
i
) The medical marihuana was produced by the registered
12
primary caregiver and is excess medical marihuana above the amount
13
necessary to satisfy the needs of the registered qualifying
14
patients the primary caregiver is designated to serve.
15
(
ii
) The municipality in which the provisioning center operates
16
allows the transfer of medical marihuana from a registered primary
17
caregiver to a provisioning center.
18
(
iii
) The amount of medical marihuana transferred does not
19
exceed the amount of medical marihuana the registered primary
20
caregiver is allowed to possess under the Michigan medical
21
marihuana act.
Do your homework. There will be a quiz.
HOUSE BILL No. 4271
February 19, 2013, Introduced by Reps. Call
ton, McMillin, Pettalia, Bumstead, Foster,
Daley, Irwin, Dillon, Stanley, Hovey-Wright,
MacMaster, Ananich,
Stallworth, Cavanagh,
Singh, Yonker and Potvin and referred to the Committee on Judiciary.
A bill to regulate medical marihuana provisioning centers and
other related entities; to provide for the powers and duties of
certain state and local governmental officers and entities; to
provide immunity for persons engaging in certain activities in
compliance with this act; to prescribe penalties and sanctions and
provide remedies; and to allow the promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
1
"medical marihuana provisioning center regulation act".
2
Sec. 2. As used in this act:
3
(a) "Debilitating medical condition" means that term as
4
defined in section 3 of the Michigan medical marihuana act, MCL
5
333.26423.
6
(b) "Excluded felony offense" means a felony involving illegal
7
2
00203'13 KKR
drugs. Excluded felony offense does not include a conviction for
1
activity allowed under the Michigan medical marihuana act or this
2
act, even if the activity occurred before the enactment of this act
3
or the Michigan medical marihuana act.
4
(c) "Marihuana" means that term as defined in section 3 of the
5
Michigan medical marihuana act, MCL 333.26423.
6
(d) "Medical marihuana" means marihuana for medical use as
7
that term is defined in section 3 of the Michigan medical marihuana
8
act, MCL 333.26423.
9
(e) "Medical marihuana provisioning center" or "provisioning
10
center" means a commercial entity located in this state that
11
acquires, possesses, cultivates, manufactures, delivers, transfers,
12
or transports medical marihuana and sells, supplies, or dispenses
13
medical marihuana to registered qualifying patients, directly or
14
through the patients' registered primary caregivers. Provisioning
15
center includes any commercial property where medical marihuana is
16
sold to registered qualifying patients and registered primary
17
caregivers.
18
(f) "Michigan medical marihuana act" means the Michigan
19
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
20
(g) "Municipality" means a city, township, or village.
21
(h) "Paraphernalia" means drug paraphernalia as defined in
22
section 7451 of the public health code, 1978 PA 368, MCL 333.7451,
23
that is or may be used in association with medical marihuana.
24
(i) "Provisioning center agent" means a principal officer,
25
board member, employee, or operator, or any other individual acting
26
as an agent of a provisioning center.
27
3
00203'13 KKR
(j) "Registered primary caregiver" means a person who has a
1
valid, unexpired registry identification card as a primary
2
caregiver or who satisfies the criteria listed in section 9(b) or
3
(c) of the Michigan medical marihuana act, MCL 333.26429, and
4
possesses the documentation that constitutes a valid registry
5
identification card under that section.
6
(k) "Registered qualifying patient" means a person who meets
7
any of the following requirements:
8
(
i
) Has a valid, unexpired registry identification card as a
9
qualifying patient.
10
(
ii
) Satisfies the criteria listed in section 9(b) or (c) of
11
the Michigan medical marihuana act, MCL 333.26429, and possesses
12
the documentation that constitutes a valid registry identification
13
card under that section.
14
(
l
) "Registry identification card" means that term as defined
15
in section 3 of the Michigan medical marihuana act, MCL 333.26423.
16
(m) "Safety compliance facility" means an entity that tests
17
marihuana produced for medical use for contaminants or potency.
18
(n) "Safety compliance facility agent" means a principal
19
officer, board member, employee, operator, or agent of a safety
20
compliance facility.
21
(o) "Seedling" means a marihuana plant that has no flowers, is
22
less than 12 inches in height, and is less than 12 inches in
23
diameter.
24
(p) "Usable marihuana" means the completely dried leaves and
25
flowers of the marihuana plant but does not include the seeds,
26
stalks, nondried leaves, or roots of the plant. Any cooking mixture
27
4
00203'13 KKR
or preparation used to prepare marihuana infused ingestible or
1
topical products is not usable marihuana, if the ingestible or
2
topical product has or will have the amount of actual marihuana
3
plant material used in its preparation clearly marked on its
4
packaging.
5
(q) "Visiting qualifying patient" means a patient who is not a
6
resident of this state or who has been a resident of this state for
7
less than 30 days and who possesses a registry identification card,
8
or its equivalent, that was issued under the laws of another state,
9
district, territory, commonwealth, or insular possession of the
10
United States and that allows the use of medical marihuana by the
11
patient.
12
Sec. 3. (1) Except as otherwise provided in this act, if a
13
provisioning center has been granted any applicable required
14
municipal registration or license and is operating in compliance
15
with this act and any applicable municipal ordinance, the
16
provisioning center and the provisioning center agents acting on
17
its behalf are not subject to any of the following for engaging in
18
activities described in subsection (2):
19
(a) Criminal penalties under state law or local ordinances.
20
(b) State or local civil prosecution.
21
(c) Search or inspection, except for an inspection authorized
22
by the municipality.
23
(d) Seizure.
24
(e) Any sanction, including disciplinary action or denial of a
25
right or privilege, by a business or occupational or professional
26
licensing board or bureau.
27
5
00203'13 KKR
(2) Activities that are exempt from regulation and sanctions
1
under subsection (1) include all of the following:
2
(a) Purchasing or receiving marihuana seeds to grow medical
3
marihuana from visiting qualifying patients, registered qualifying
4
patients, registered primary caregivers, or provisioning centers.
5
(b) Purchasing or receiving medical marihuana, including
6
seedlings, from 1 or more other provisioning centers if purchasing
7
or receiving medical marihuana from the provisioning center is not
8
prohibited by the municipality where the provisioning center is
9
located.
10
(c) Purchasing or receiving medical marihuana from a
11
registered qualifying patient or a registered primary caregiver if
12
purchasing or receiving medical marihuana from a registered
13
qualifying patient or registered primary caregiver is not
14
prohibited by the municipality where the provisioning center is
15
located and if the amount purchased does not exceed the registered
16
qualifying patient's or registered primary caregiver's medical
17
marihuana possession limits under the Michigan medical marihuana
18
act.
19
(d) Cultivating or manufacturing medical marihuana.
20
(e) Possessing or manufacturing paraphernalia.
21
(f) Possessing or processing medical marihuana produced by the
22
provisioning center or obtained pursuant to subdivision (a) or (b)
23
on the provisioning center premises or while the medical marihuana
24
is being transported pursuant to this section.
25
(g) If not prohibited by municipal law, transporting medical
26
marihuana, including seedlings, between the provisioning center and
27
6
00203'13 KKR
another provisioning center or a safety compliance facility.
1
(h) Transporting or delivering medical marihuana or
2
paraphernalia to the residence of a registered qualifying patient
3
or a registered primary caregiver if transportation and delivery
4
are not prohibited by the municipality in which the transportation
5
and delivery occur.
6
(i) Supplying, selling, dispensing, transferring, or
7
delivering medical marihuana, paraphernalia, or related supplies
8
and educational materials in compliance with the procedures and
9
limitations detailed in section 7(11) to (13).
10
Sec. 3a. An entity that, on the effective date of this act, is
11
operating in this state as a provisioning center, is operating and
12
continues to operate in compliance with this act, and is not
13
prohibited by any applicable municipal ordinance may continue to
14
operate as a provisioning center under this act. An entity
15
described in this section is considered a provisioning center under
16
this act, and the entity and the agents acting on its behalf are
17
eligible for the immunity provided in this act and are subject to
18
the penalties, sanctions, and remedies prescribed or provided in
19
this act.
20
Sec. 4. (1) Except as otherwise provided in this act, a safety
21
compliance facility that has been granted any applicable required
22
municipal registration or license and is operating in compliance
23
with any applicable municipal ordinance and this act is not subject
24
to any of the following for engaging in activities described in
25
subsection (2):
26
(a) Criminal penalties under state law or local ordinances.
27
7
00203'13 KKR
(b) State or local civil prosecution.
1
(c) Search or inspection, except for an inspection authorized
2
by the municipality.
3
(d) Seizure.
4
(e) Any sanction, including disciplinary action or denial of a
5
right or privilege, by a business or occupational or professional
6
licensing board or bureau.
7
(2) Activities that are exempt from regulation and sanction
8
under subsection (1) include all of the following:
9
(a) Acquiring or possessing medical marihuana obtained from
10
registered qualifying patients, registered primary caregivers, or
11
provisioning centers.
12
(b) Returning the medical marihuana to the registered
13
qualifying patient, registered primary caregiver, or provisioning
14
center that delivered the medical marihuana to the safety
15
compliance facility.
16
(c) Transporting medical marihuana to or from a registered
17
qualifying patient, registered primary caregiver, or provisioning
18
center.
19
(d) Possessing medical marihuana on the safety compliance
20
facility's premises for testing, if the medical marihuana was
21
obtained pursuant to subdivision (a) or (b).
22
(e) Receiving compensation for actions permitted pursuant to
23
this section and municipal law.
24
Sec. 5. (1) A municipality may prohibit the operation of
25
provisioning centers or safety compliance facilities within the
26
municipality. A provisioning center is not exempt under section 3
27
8
00203'13 KKR
from state criminal and civil penalties if it operates in a
1
municipality that prohibits provisioning centers. A safety
2
compliance facility is not exempt under section 4 from state
3
criminal and civil penalties if it operates in a municipality that
4
prohibits safety compliance facilities.
5
(2) A municipality may enact an ordinance to impose and
6
enforce additional local requirements on provisioning centers or
7
safety compliance facilities. A municipality may require and issue
8
a registration or license to a provisioning center or safety
9
compliance facility and may regulate operations and impose civil or
10
criminal penalties for the violations of the local ordinance. A
11
municipality may charge a registration or licensing fee for a
12
provisioning center or safety compliance facility that does not
13
exceed the costs to the municipality of regulation, licensing,
14
testing, and inspection.
15
(3) A provisioning center or safety compliance facility
16
located in a municipality that requires a registration or license
17
is exempt under section 3 or 4 from criminal penalties only if the
18
provisioning center or safety compliance facility holds that
19
license or registration.
20
(4) A municipality may require, as a condition of registration
21
or licensure, that a provisioning center or a safety compliance
22
facility provide results of testing of its medical marihuana and
23
medical marihuana products for quality control, purity,
24
contaminants, or any other analysis to protect the health and
25
safety of registered qualifying patients and to assure compliance
26
with this act and an ordinance adopted by the municipality as
27
9
00203'13 KKR
described in this section.
1
Sec. 6. (1) The exemptions for a provisioning center or safety
2
compliance facility under section 3 or 4 apply only if the
3
indicated activities are carried out in compliance with this act.
4
(2) Except for the Michigan medical marihuana act, all other
5
acts and parts of acts inconsistent with this act do not apply to
6
the use of medical marihuana as provided for by this act.
7
Sec. 7. (1) Unless explicitly allowed by a municipal ordinance
8
that was in effect before the effective date of this act, a
9
provisioning center or a safety compliance facility shall not be
10
located within 1,000 feet of the property line of a preexisting
11
primary or secondary school.
12
(2) A provisioning center shall not share office space with a
13
physician.
14
(3) The premises of a provisioning center shall have a
15
security alarm system that is enabled when a provisioning center
16
agent is not present.
17
(4) A provisioning center shall not sell, transfer, or
18
dispense a marihuana-infused product for use as medical marihuana
19
unless it is labeled with both of the following:
20
(a) The weight of marihuana contained in the product.
21
(b) The words "WARNING: This product contains marihuana. For a
22
registered qualifying patient's medical use only." or substantially
23
similar text.
24
(5) A provisioning center shall not advertise medical
25
marihuana for sale on a billboard, television, or radio. The
26
department of licensing and regulatory affairs may promulgate rules
27
10
00203'13 KKR
restricting advertising of medical marihuana. The rules shall not
1
prohibit appropriate signs on the property of a provisioning
2
center, internet websites for a provisioning center or registered
3
primary caregiver, listings in business directories or telephone
4
books, listings in trade or medical print or online publications,
5
or advertising the sponsorship of health or not-for-profit charity
6
or advocacy events.
7
(6) A provisioning center or safety compliance facility shall
8
not knowingly employ an individual who has been convicted of an
9
excluded felony offense during the immediately preceding 10-year
10
period or who is under 21 years of age. A provisioning center or
11
safety compliance facility shall perform a background check on an
12
individual before he or she is offered employment to verify that he
13
or she has not been convicted of an excluded felony offense during
14
the immediately preceding 10-year period.
15
(7) A provisioning center shall maintain records listing each
16
individual employed by the provisioning center, including the
17
beginning employment date and the date a background check was
18
performed.
19
(
20
of medical marihuana, except that a provisioning center agent or
21
employee who is a registered qualifying patient may be permitted to
22
use a medical marihuana-infused topical product.
23
(9) A provisioning center shall not dispense more than 2.5
24
ounces of useable marihuana in any 10-day period to a registered
25
qualifying patient, directly or through his or her registered
26
primary caregiver.
27
11
00203'13 KKR
(10) A provisioning center shall ensure compliance with the
1
dispensing limit under subsection (9) by maintaining internal,
2
confidential dispensing records that specify the amount of medical
3
marihuana dispensed to each registered qualifying patient and
4
registered primary caregiver and whether it was dispensed directly
5
to the registered qualifying patient or the registered primary
6
caregiver. Each entry shall include the date and time the medical
7
marihuana was dispensed. Entries shall be maintained for at least
8
90 days. For any registered qualifying patient or registered
9
qualifying caregiver in possession of a registry identification
10
card, a record shall be kept using the patient's or caregiver's
11
registry identification card number instead of the patient's or
12
caregiver's name. Confidential dispensing records under this act
13
are subject to reasonable inspection by a municipal employee
14
authorized to inspect provisioning centers under municipal law to
15
ensure compliance with this act, but may be stored off-site.
16
Confidential dispensing records under this act are exempt from
17
disclosure under the freedom of information act, 1976 PA 442, MCL
18
15.231 to 15.246. Except as otherwise required by a court order, a
19
provisioning center shall not disclose confidential dispensing
20
records to any person other than a municipal employee performing an
21
inspection in compliance with this subsection or to a provisioning
22
center agent.
23
(11) A provisioning center agent shall not dispense, transfer,
24
or sell medical marihuana to an individual knowing that the
25
individual is not a registered qualifying patient, registered
26
primary caregiver, or provisioning center agent working on behalf
27
12
00203'13 KKR
of a provisioning center that is not prohibited from operating or
1
obtaining medical marihuana from other provisioning centers under
2
municipal law.
3
(12) Before medical marihuana is dispensed or sold from a
4
provisioning center, in addition to complying with subsection (13),
5
a provisioning center agent shall do 1 of the following:
6
(a) Verify that the individual requesting medical marihuana
7
holds what the provisioning center agent reasonably believes to be
8
a valid, unexpired registry identification card.
9
(b) Require the individual requesting medical marihuana to do
10
all of the following:
11
(
i
) Certify that he or she is a qualifying patient who
12
submitted a valid, complete application for a registry
13
identification card under the Michigan medical marihuana act at
14
least 20 days earlier.
15
(
ii
) Certify that, to the best of his or her knowledge, this
16
state has not denied the application described in subparagraph (
i
)
17
or issued a registry identification card.
18
(
iii
) Present a copy of the completed registry identification
19
card application and proof of receipt by the state department that
20
processes medical marihuana registry identification card
21
applications at least 20 days before the date of the requested sale
22
or transaction.
23
(c) If the individual requesting medical marihuana indicates
24
that he or she is a provisioning center agent, make a diligent,
25
good-faith effort to verify that the individual is a provisioning
26
center agent for a provisioning center that is allowed to operate
27
13
00203'13 KKR
by a municipality.
1
(13) Before medical marihuana is dispensed or sold from a
2
provisioning center, a provisioning center agent shall make a
3
diligent, good-faith effort to determine that the individual named
4
in the registry identification card or other documentation
5
submitted under subsection (12) is the individual seeking to obtain
6
medical marihuana, by examining what the provisioning center agent
7
reasonably believes to be valid government-issued photo
8
identification.
9
(14) An individual who is under 21 years of age or who has
10
been convicted of an excluded felony offense during the immediately
11
preceding 10-year period shall not serve as a provisioning center
12
agent or safety compliance facility agent. An individual who has
13
not maintained a residence in this state for 2 years or more shall
14
not serve as a principal officer, board member, or operator of a
15
provisioning center or of a safety compliance facility.
16
(15) A provisioning center agent shall not, for monetary
17
compensation, refer an individual to a physician.
18
(16) A provisioning center or safety compliance facility shall
19
not permit a physician to advertise in a provisioning center or
20
safety compliance facility or to hold any financial interest in or
21
receive any compensation from the provisioning center or safety
22
compliance facility.
23
(17) A provisioning center agent or safety compliance facility
24
agent shall not transport or possess medical marihuana on behalf of
25
the provisioning center or safety compliance facility in or upon a
26
motor vehicle or any self-propelled vehicle designed for land
27
14
00203'13 KKR
travel unless all of the following conditions are met:
1
(a) The agent possesses a document signed and dated by a
2
manager or operator of the provisioning center or safety compliance
3
facility that employs the agent, stating the agent's name, the date
4
the medical marihuana will be transported, the approximate amount
5
of medical marihuana transported, and the name of the provisioning
6
center or safety compliance facility from which the medical
7
marihuana is being transported.
8
(b) The medical marihuana is located in 1 or more of the
9
following:
10
(
i
) An enclosed locked container, such as a safe, briefcase, or
11
other case.
12
(
ii
) The trunk of the vehicle.
13
(
iii
) A space that is inaccessible from the passenger
14
compartment of the vehicle.
15
Sec. 8. (1) A provisioning center that violates section 7(1)
16
or (2) is responsible for a state civil infraction and may be
17
ordered to pay a civil fine of not more than $5,000.00. A city or
18
county in which the provisioning center or safety compliance
19
facility operates in violation of section 7(1) or (2) may petition
20
the court for an injunction to close the provisioning center or
21
safety compliance facility.
22
(2) A person who violates section 7(3) to (10), (15), or (16)
23
is responsible for a state civil infraction and may be ordered to
24
pay a civil fine of not more than $1,000.00.
25
(3) A person who transfers medical marihuana in violation of
26
section 7(11) to (13) or who works in violation of section 7(14) is
27
15
00203'13 KKR
not exempt from arrest, prosecution, or criminal or other penalties
1
under section 3 or 4.
2
(4) A person who violates section 7(17) is guilty of a
3
misdemeanor punishable by imprisonment for not more than 30 days or
4
a fine of not more than $500.00, or both.
5
Sec. 9. (1) A municipality may establish procedures to suspend
6
or revoke a registration, license, or other permission to operate
7
if a provisioning center knowingly or negligently allows medical
8
marihuana to be dispensed to an individual who is not a registered
9
qualifying patient or registered primary caregiver or if a
10
provisioning center or safety compliance facility commits multiple
11
or serious violations of this act or local ordinances.
12
(2) This act does not require the violation of federal law and
13
does not give immunity from prosecution under federal law.
14
(3) This act does not prevent federal enforcement of federal
15
law.
16
Sec. 10. (1) Except as otherwise provided in this act, a
17
visiting qualifying patient, registered qualifying patient, or
18
registered primary caregiver who supplies, sells, transfers, or
19
delivers marihuana seeds to a provisioning center that is
20
registered, licensed, or otherwise allowed by the municipality in
21
which it operates in compliance with this act is not subject to any
22
of the following for engaging in that activity:
23
(a) Criminal penalties under state law or local ordinances.
24
(b) State or local civil prosecution.
25
(c) Search or inspection, except for an inspection authorized
26
by the municipality.
27
16
00203'13 KKR
(d) Seizure.
1
(e) Any sanction, including disciplinary action or denial of a
2
right or privilege, by a business or occupational or professional
3
licensing board or bureau.
4
(2) Except as otherwise provided in this act, a registered
5
qualifying patient is not subject to any of the inspections or
6
sanctions listed in subsection (1)(a) to (e) for any of the
7
following:
8
(a) Purchasing or acquiring not more than 2.5 ounces of usable
9
marihuana from 1 or more provisioning centers within a 10-day
10
period.
11
(b) Supplying, selling, transferring, or delivering medical
12
marihuana to a provisioning center that is registered, licensed, or
13
otherwise allowed by the municipality in which it operates if all
14
of the following requirements are met:
15
(
i
) The medical marihuana was produced by the registered
16
qualifying patient or registered primary caregiver.
17
(
ii
) The municipality in which the provisioning center operates
18
allows the transfer of medical marihuana from a registered
19
qualifying patient to a provisioning center.
20
(
iii
) The amount of medical marihuana transferred does not
21
exceed the amount of medical marihuana the registered qualifying
22
patient is allowed to possess under the Michigan medical marihuana
23
act.
24
(3) Except as otherwise provided in this act, a registered
25
primary caregiver is not subject to any of the inspections or
26
sanctions listed in subsection (1)(a) to (e) for any of the
27
17
00203'13 Final Page KKR
following:
1
(a) Purchasing or acquiring from 1 or more provisioning
2
centers not more than 2.5 ounces of usable marihuana in a 10-day
3
period on behalf of a registered qualifying patient who has
4
designated the registered primary caregiver on his or her
5
application to the state department administering the medical
6
marihuana program under the Michigan medical marihuana act.
7
(b) Supplying, selling, transferring, or delivering medical
8
marihuana to a provisioning center that is registered, licensed, or
9
otherwise allowed by the municipality in which it operates if all
10
of the following requirements are met:
11
(
i
) The medical marihuana was produced by the registered
12
primary caregiver and is excess medical marihuana above the amount
13
necessary to satisfy the needs of the registered qualifying
14
patients the primary caregiver is designated to serve.
15
(
ii
) The municipality in which the provisioning center operates
16
allows the transfer of medical marihuana from a registered primary
17
caregiver to a provisioning center.
18
(
iii
) The amount of medical marihuana transferred does not
19
exceed the amount of medical marihuana the registered primary
20
caregiver is allowed to possess under the Michigan medical
21
marihuana act.
