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http://michiganmedicalmarijuana.org/topic/31342-senate-bill-377/
SENATE BILL No. 377
May 12, 2011, Introduced by Senators BOOHER, JONES, ANDERSON, NOFS, PAPPAGEORGE,
HOPGOOD, HANSEN and PROOS and referred to the Committee on Judiciary.
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending section 6 (MCL 333.26426).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
6. Administering the 1 Department's Rules.
2 Sec. 6. (a) The department shall issue registry identification
3 cards to qualifying patients who submit the following, in
4 accordance with the department's rules:
5 (1) A written certification;
6 (2) Application or renewal fee;
7 (3) Name, address, and date of birth of the qualifying
8 patient, except that if the applicant is homeless, no address is
9 required;
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(4) Name, address, and telephone 1 number of the qualifying
2 patient's physician;
3 (5) Name, address, and date of birth of the qualifying
4 patient's primary caregiver, if any; and
5 (6) If the qualifying patient designates a primary caregiver,
6 a designation as to whether the qualifying patient or primary
7 caregiver will be allowed under state law to possess marihuana
8 plants for the qualifying patient's medical use.
9 (b) The department shall not issue a registry identification
10 card to a qualifying patient who is under the age of 18 unless:
11 (1) The qualifying patient's physician has explained the
12 potential risks and benefits of the medical use of marihuana to the
13 qualifying patient and to his or her parent or legal guardian;
14 (2) The qualifying patient's parent or legal guardian submits
15 a written certification from 2 physicians; and
16 (3) The qualifying patient's parent or legal guardian consents
17 in writing to:
18 (A) Allow the qualifying patient's medical use of marihuana;
19 (B) Serve as the qualifying patient's primary caregiver; and
20 © Control the acquisition of the marihuana, the dosage, and
21 the frequency of the medical use of marihuana by the qualifying
22 patient.
23 © The department shall verify the information contained in
24 an application or renewal submitted pursuant to this section, and
25 shall approve or deny an application or renewal within 15 days of
26 receiving it. The department may deny an application or renewal
27 only if the applicant did not provide the information required
3
02657'11 CJC
pursuant to this section, or if the department 1 determines that the
2 information provided was falsified. Rejection of an application or
3 renewal is considered a final department action, subject to
4 judicial review. Jurisdiction and venue for judicial review are
5 vested in the circuit court for the county of Ingham.
6 (d) The department shall issue a registry identification card
7 to the primary caregiver, if any, who is named in a qualifying
8 patient's approved application; provided that each qualifying
9 patient can have no more than 1 primary caregiver, and a primary
10 caregiver may assist no more than 5 qualifying patients with their
11 medical use of marihuana.
12 (e) The department shall issue registry identification cards
13 within 5 days of approving an application or renewal, which shall
14 expire 1 year after the date of issuance. WITHIN 48 HOURS AFTER
15 ISSUING A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL
16 FORWARD INFORMATION CONCERNING ISSUANCE OF THE CARD TO THE
17 DEPARTMENT OF STATE POLICE. THE DEPARTMENT OF STATE POLICE SHALL
18 MAKE THE INFORMATION CONCERNING REGISTRY IDENTIFICATION CARDS
19 AVAILABLE TO STATE AND LOCAL POLICE OFFICERS IN A FORM THAT ALLOWS
20 IMMEDIATE ACCESS TO INFORMATION NECESSARY TO DETERMINE WHETHER AN
21 INDIVIDUAL IN CUSTODY FOR POSSESSION OR DISTRIBUTION OF MARIHUANA
22 POSSESSION IS A QUALIFYING PATIENT OR PRIMARY CAREGIVER. Registry
23 identification cards shall contain all of the following:
24 (1) Name, address, and date of birth of the qualifying
25 patient.
26 (2) Name, address, and date of birth of the primary caregiver,
27 if any, of the qualifying patient.
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02657'11 CJC
(3) The date of issuance and expiration 1 date of the registry
2 identification card.
3 (4) A random identification number.
4 (5) A photograph, if the department requires 1 by rule.
5 (6) A clear designation showing whether the primary caregiver
6 or the qualifying patient will be allowed under state law to
7 possess the marihuana plants for the qualifying patient's medical
8 use, which shall be determined based solely on the qualifying
9 patient's preference.
10 (f) If a registered qualifying patient's certifying physician
11 notifies the department in writing that the patient has ceased to
12 suffer from a debilitating medical condition, the card shall become
13 null and void upon notification by the department to the patient.
14 WITHIN 48 HOURS AFTER THE DEPARTMENT'S NOTIFICATION TO THE PATIENT,
15 THE DEPARTMENT SHALL NOTIFY THE DEPARTMENT OF STATE POLICE OF THE
16 VOIDING OF A REGISTRY IDENTIFICATION CARD.
17 (g) Possession of, or application for, a registry
18 identification card shall not constitute probable cause or
19 reasonable suspicion, nor shall it be used to support the search of
20 the person or property of the person possessing or applying for the
21 registry identification card, or otherwise subject the person or
22 property of the person to inspection by any local, county or state
23 governmental agency.
24 (h) The following confidentiality rules shall apply:
25 (1) Applications and supporting information submitted by
26 qualifying patients, including information regarding their primary
27 caregivers and physicians, are confidential.
5
02657'11 CJC
(2) The department shall maintain 1 a confidential list of the
2 persons to whom the department has issued registry identification
3 cards. Individual names and other identifying information on the
4 list is confidential and is exempt from disclosure under the
5 freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
6 (3) The department shall verify to law enforcement personnel
7 whether a registry identification card is valid, without disclosing
8 more information than is reasonably necessary to verify the
9 authenticity of the registry identification card.AND SHALL DISCLOSE
10 OTHER REGISTRY INFORMATION TO THE DEPARTMENT OF STATE POLICE AS
11 PROVIDED IN SUBSECTION (E).
12 (4) A person, including an employee or official of the
13 department or another state agency or local unit of government, who
14 discloses confidential information in violation of this act is
15 guilty of a misdemeanor, punishable by imprisonment for not more
16 than 6 months, or a fine of not more than $1, 000.00, or both.
17 Notwithstanding this provision, department employees may notify law
18 enforcement about falsified or fraudulent information submitted to
19 the department.
20 (i) The department shall submit to the legislature an annual
21 report that does not disclose any identifying information about
22 qualifying patients, primary caregivers, or physicians, but does
23 contain, at a minimum, all of the following information:
24 (1) The number of applications filed for registry
25 identification cards.
26 (2) The number of qualifying patients and primary caregivers
27 approved in each county.
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02657'11 Final Page CJC
(3) The nature of the debilitating 1 medical conditions of the
2 qualifying patients.
3 (4) The number of registry identification cards revoked.
4 (5) The number of physicians providing written certifications
5 for qualifying patients.
What do you guys think?
SENATE BILL No. 377
May 12, 2011, Introduced by Senators BOOHER, JONES, ANDERSON, NOFS, PAPPAGEORGE,
HOPGOOD, HANSEN and PROOS and referred to the Committee on Judiciary.
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending section 6 (MCL 333.26426).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
6. Administering the 1 Department's Rules.
2 Sec. 6. (a) The department shall issue registry identification
3 cards to qualifying patients who submit the following, in
4 accordance with the department's rules:
5 (1) A written certification;
6 (2) Application or renewal fee;
7 (3) Name, address, and date of birth of the qualifying
8 patient, except that if the applicant is homeless, no address is
9 required;
2
02657'11 CJC
(4) Name, address, and telephone 1 number of the qualifying
2 patient's physician;
3 (5) Name, address, and date of birth of the qualifying
4 patient's primary caregiver, if any; and
5 (6) If the qualifying patient designates a primary caregiver,
6 a designation as to whether the qualifying patient or primary
7 caregiver will be allowed under state law to possess marihuana
8 plants for the qualifying patient's medical use.
9 (b) The department shall not issue a registry identification
10 card to a qualifying patient who is under the age of 18 unless:
11 (1) The qualifying patient's physician has explained the
12 potential risks and benefits of the medical use of marihuana to the
13 qualifying patient and to his or her parent or legal guardian;
14 (2) The qualifying patient's parent or legal guardian submits
15 a written certification from 2 physicians; and
16 (3) The qualifying patient's parent or legal guardian consents
17 in writing to:
18 (A) Allow the qualifying patient's medical use of marihuana;
19 (B) Serve as the qualifying patient's primary caregiver; and
20 © Control the acquisition of the marihuana, the dosage, and
21 the frequency of the medical use of marihuana by the qualifying
22 patient.
23 © The department shall verify the information contained in
24 an application or renewal submitted pursuant to this section, and
25 shall approve or deny an application or renewal within 15 days of
26 receiving it. The department may deny an application or renewal
27 only if the applicant did not provide the information required
3
02657'11 CJC
pursuant to this section, or if the department 1 determines that the
2 information provided was falsified. Rejection of an application or
3 renewal is considered a final department action, subject to
4 judicial review. Jurisdiction and venue for judicial review are
5 vested in the circuit court for the county of Ingham.
6 (d) The department shall issue a registry identification card
7 to the primary caregiver, if any, who is named in a qualifying
8 patient's approved application; provided that each qualifying
9 patient can have no more than 1 primary caregiver, and a primary
10 caregiver may assist no more than 5 qualifying patients with their
11 medical use of marihuana.
12 (e) The department shall issue registry identification cards
13 within 5 days of approving an application or renewal, which shall
14 expire 1 year after the date of issuance. WITHIN 48 HOURS AFTER
15 ISSUING A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL
16 FORWARD INFORMATION CONCERNING ISSUANCE OF THE CARD TO THE
17 DEPARTMENT OF STATE POLICE. THE DEPARTMENT OF STATE POLICE SHALL
18 MAKE THE INFORMATION CONCERNING REGISTRY IDENTIFICATION CARDS
19 AVAILABLE TO STATE AND LOCAL POLICE OFFICERS IN A FORM THAT ALLOWS
20 IMMEDIATE ACCESS TO INFORMATION NECESSARY TO DETERMINE WHETHER AN
21 INDIVIDUAL IN CUSTODY FOR POSSESSION OR DISTRIBUTION OF MARIHUANA
22 POSSESSION IS A QUALIFYING PATIENT OR PRIMARY CAREGIVER. Registry
23 identification cards shall contain all of the following:
24 (1) Name, address, and date of birth of the qualifying
25 patient.
26 (2) Name, address, and date of birth of the primary caregiver,
27 if any, of the qualifying patient.
4
02657'11 CJC
(3) The date of issuance and expiration 1 date of the registry
2 identification card.
3 (4) A random identification number.
4 (5) A photograph, if the department requires 1 by rule.
5 (6) A clear designation showing whether the primary caregiver
6 or the qualifying patient will be allowed under state law to
7 possess the marihuana plants for the qualifying patient's medical
8 use, which shall be determined based solely on the qualifying
9 patient's preference.
10 (f) If a registered qualifying patient's certifying physician
11 notifies the department in writing that the patient has ceased to
12 suffer from a debilitating medical condition, the card shall become
13 null and void upon notification by the department to the patient.
14 WITHIN 48 HOURS AFTER THE DEPARTMENT'S NOTIFICATION TO THE PATIENT,
15 THE DEPARTMENT SHALL NOTIFY THE DEPARTMENT OF STATE POLICE OF THE
16 VOIDING OF A REGISTRY IDENTIFICATION CARD.
17 (g) Possession of, or application for, a registry
18 identification card shall not constitute probable cause or
19 reasonable suspicion, nor shall it be used to support the search of
20 the person or property of the person possessing or applying for the
21 registry identification card, or otherwise subject the person or
22 property of the person to inspection by any local, county or state
23 governmental agency.
24 (h) The following confidentiality rules shall apply:
25 (1) Applications and supporting information submitted by
26 qualifying patients, including information regarding their primary
27 caregivers and physicians, are confidential.
5
02657'11 CJC
(2) The department shall maintain 1 a confidential list of the
2 persons to whom the department has issued registry identification
3 cards. Individual names and other identifying information on the
4 list is confidential and is exempt from disclosure under the
5 freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
6 (3) The department shall verify to law enforcement personnel
7 whether a registry identification card is valid, without disclosing
8 more information than is reasonably necessary to verify the
9 authenticity of the registry identification card.AND SHALL DISCLOSE
10 OTHER REGISTRY INFORMATION TO THE DEPARTMENT OF STATE POLICE AS
11 PROVIDED IN SUBSECTION (E).
12 (4) A person, including an employee or official of the
13 department or another state agency or local unit of government, who
14 discloses confidential information in violation of this act is
15 guilty of a misdemeanor, punishable by imprisonment for not more
16 than 6 months, or a fine of not more than $1, 000.00, or both.
17 Notwithstanding this provision, department employees may notify law
18 enforcement about falsified or fraudulent information submitted to
19 the department.
20 (i) The department shall submit to the legislature an annual
21 report that does not disclose any identifying information about
22 qualifying patients, primary caregivers, or physicians, but does
23 contain, at a minimum, all of the following information:
24 (1) The number of applications filed for registry
25 identification cards.
26 (2) The number of qualifying patients and primary caregivers
27 approved in each county.
6
02657'11 Final Page CJC
(3) The nature of the debilitating 1 medical conditions of the
2 qualifying patients.
3 (4) The number of registry identification cards revoked.
4 (5) The number of physicians providing written certifications
5 for qualifying patients.
What do you guys think?
