may not be the same a it may be now, but this is what is up on the site. pick it apart. one at a time shall we??
HOUSE BILL No. 5580
May 1, 2012, Introduced by Reps. Callton, Daley and Cavanagh and referred to the Committee on Judiciary.
A bill to regulate medical marihuana provisioning centers; to
provide for powers and duties of local units of government
concerning medical marihuana provisioning centers; to provide for
certain immunities for persons engaging in activities in accordance
with this act; and to provide for penalties and sanctions for
violations of this act.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"medical marihuana provisioning center regulation act".
Sec. 2. As used in this act:
(a) "Excluded felony offense" means a felony involving illegal
drugs. It does not include a conviction for activity allowed under
the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430, or this act, even if the activity occurred prior to the
enactment of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26421 to 333.26430, or this act.
(b) "Medical marihuana provisioning center" or "provisioning
center" means a commercial entity located in this state that
acquires, possesses, cultivates, manufactures, delivers, transfers,
or transports marihuana and sells, supplies, or dispenses marihuana
to registered qualifying patients, directly or through the
patients' registered primary caregivers. Provisioning center
includes any commercial property where marihuana is sold to
qualifying patients and their registered primary caregivers.
(c) "Municipality" means a city, township, or village.
(d) "Paraphernalia" means drug paraphernalia as defined in
section 7451 of the public health code, 1978 PA 368, MCL 333.7451,
that is or may be used in association with medical marihuana.
(e) "Provisioning center agent" means a principal officer,
board member, employee, operator, or agent of a provisioning
center.
(f) "Registered primary caregiver" means a person who has been
issued a valid, unexpired registry identification card pursuant to
section 6(d) of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426, or who satisfies the criteria listed in section 9(b) or
(c) of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26429, and possesses the documentation that constitutes a valid
registry identification card under that section.
(g) "Registered qualifying patient" means a person who meets
any of the following requirements:
(
i) Has been issued a valid qualifying patient registry
identification card pursuant to section 6(a) or (b) of the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26426.
(
ii) Satisfies the criteria listed in section 9(b) or (c) of
the Michigan medical marihuana act, 2008 IL 1, MCL 333.26429, and
possesses the documentation that that section establishes as a
valid registry identification card.
(h) "Safety compliance facility" means an entity that tests
marihuana produced for medical use for contaminants or potency.
(i) "Safety compliance facility agent" means a principal
officer, board member, employee, operator, or agent of a safety
compliance facility.
(j) "Secure cultivation facility" means a nonresidential
building or location within a nonresidential building that is
equipped with locks or other security devices to prevent
unauthorized entry. A secure cultivation facility shall allow
access only to the following:
(
i) A registered primary caregiver or provisioning center agent
of the provisioning center that controls the secure cultivation
facility.
(
ii) A municipal employee performing inspections, if
inspections are authorized by municipal law.
(
iii) Emergency personnel while responding to an emergency.
(
iv) If accompanied by a provisioning center agent and by
permission or request of the provisioning center, a member of the
media or a government official.
(
v) If accompanied by a provisioning center agent, a
registered qualifying patient or registered primary caregiver.
(
vi) If accompanied by a provisioning center agent, a
contractor who is not engaged in the provisioning center's
cultivation, distribution, or possession of marihuana.
(k) "Seedling" means a marihuana plant that has no flowers, is
less than 12 inches in height, and is less than 12 inches in
diameter.
(
l) "Usable marihuana" means the completely dried leaves and
flowers of the marihuana plant but does not include the seeds,
stalks, nondried leaves, or roots of the plant. Any cooking mixture
or preparation used to prepare marihuana infused ingestible or
topical products is not usable marihuana, if the ingestible or
topical product has or will have the amount of actual marihuana
plant material used in its preparation clearly marked on its
packaging.
(m) "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 and who possesses a registry identification card,
or its equivalent, that was issued under the laws of another state,
district, territory, commonwealth, or insular possession of the
United States that allows the medical use of marihuana by the
patient.
Sec. 3. (1) Except as provided in this act, if a provisioning
center has been granted any applicable required municipal
registration or license and is operating in accordance with this
act and any applicable municipal ordinance, the provisioning center
and the provisioning center agents acting on its behalf are not
subject to any of the following for engaging in activities
described in subsection (2):
(a) Criminal penalties under state law or local ordinances.
(b) State or local civil prosecution.
(c) Search or inspection, except for an inspection authorized
by the municipality.
(d) Seizure.
(e) Any sanction, including disciplinary action or denial of a
right or privilege, by a business or occupational or professional
licensing board or bureau.
(2) Activities that are exempt from the regulation and
sanctions under subsection (1) include all of the following:
(a) Purchasing or receiving marihuana seeds from visiting
qualifying patients, registered qualifying patients, registered
primary caregivers, or provisioning centers.
(b) Purchasing or receiving marihuana, including seedlings,
from 1 or more other provisioning centers if purchasing or
receiving marihuana from the provisioning center is not prohibited
by the municipality where the provisioning center is located.
(c) Purchasing or receiving marihuana from a registered
qualifying patient or a registered primary caregiver if purchasing
or receiving marihuana from a registered qualifying patient or
registered primary caregiver is not prohibited by the municipality
where the provisioning center is located and if the amount
purchased does not exceed the registered qualifying patient's or
registered primary caregiver's possession limits under the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
(d) Cultivating or manufacturing marihuana in a secure
cultivation facility, except that seedlings need not be in a secure
cultivation facility when they are transported.
(e) Possessing or manufacturing marihuana paraphernalia.
(f) Possessing or processing marihuana produced by the
provisioning center or obtained pursuant to subdivision (a) or (b)
on the provisioning center premises, at a secure cultivation
facility, or while the marihuana is being transported pursuant to
this section.
(g) If not prohibited by municipal law, transporting
marihuana, including seedlings, between the provisioning center and
another provisioning center, the provisioning center and a secured
cultivation facility, or the provisioning center and a safety
compliance facility.
(h) Transporting or delivering marihuana or paraphernalia to
the residence of a registered qualifying patient or a registered
primary caregiver if delivery is not prohibited by the municipality
or municipalities where the delivery and transportation occur.
(i) Supplying, selling, dispensing, transferring, or
delivering marihuana, paraphernalia, or related supplies and
educational materials in accordance with the procedures and
limitations detailed in section 7(12) to (14).
Sec. 4. (1) Except as provided in this act, a safety
compliance facility that has been granted any applicable required
municipal registration or license and is operating in accordance
with any applicable municipal ordinance and this act is not subject
to any of the following for engaging in activities described in
subsection (2):
(a) Criminal penalties under state law or local ordinances.
(b) State or local civil prosecution.
(c) Search or inspection, except for an inspection authorized
by the municipality.
(d) Seizure.
(e) Any sanction, including disciplinary action or denial of a
right or privilege, by a business or occupational or professional
licensing board or bureau.
(2) Activities that are exempt from regulation and sanction
under subsection (1) include all of the following:
(a) Acquiring or possessing marihuana obtained from registered
qualifying patients, registered primary caregivers, or provisioning
centers.
(b) Returning the marihuana to the registered qualifying
patient, registered primary caregiver, or provisioning center that
delivered the marihuana to the safety compliance facility.
(c) Transporting marihuana to or from a registered qualifying
patient, registered primary caregiver, or provisioning center.
(d) Possessing marihuana on the safety compliance facility's
premises for testing, if the marihuana was obtained pursuant to
subdivision (a) or (b).
(e) Receiving compensation for actions permitted pursuant to
this section and municipal law.
Sec. 5. (1) A municipality may prohibit the operation of
provisioning centers or safety compliance facilities within the
municipality. A provisioning center is not exempt under section 3
from state criminal and civil penalties if it operates in a
municipality that prohibits provisioning centers. A safety
compliance facility is not exempt under section 4 from state
criminal and civil penalties if it operates in a municipality that
prohibits safety compliance facilities.
(2) A municipality may enact an ordinance to impose and
enforce additional local requirements on provisioning centers or
safety compliance facilities. A municipality may require and issue
a registration or license to a provisioning center or safety
compliance facility and may regulate operations and impose civil or
criminal penalties for the violations of the local ordinance. A
municipality may charge a registration or licensing fee for a
provisioning center or safety compliance facility that does not
exceed the costs to the municipality of regulation, licensing,
testing, and inspection.
(3) A provisioning center or safety compliance facility
located in a municipality that requires a registration or license
is exempt under section 3 or 4 from criminal penalties only if the
provisioning center or safety compliance facility holds that
license or registration.
(4) A municipality may require, as a condition of registration
or licensure, that a provisioning center or a safety compliance
facility provide results of testing of its marihuana and marihuana
products for quality control, purity, contaminants, or any other
analysis to protect the health and safety of medical marihuana
patients and to assure compliance with this act and a municipal
ordinance adopted under this act.
Sec. 6. (1) The exemptions for a provisioning center or safety
compliance facility under section 3 or 4 apply only if the
indicated activities are carried out in accordance with this act.
(2) All other acts and parts of acts inconsistent with this
act do not apply to the medical use of marihuana as provided for by
this act.
Sec. 7. (1) Except as explicitly allowed by a municipal
ordinance predating the effective date of this act, a provisioning
center, a secure cultivation facility, or a safety compliance
facility shall not be located within 1,000 feet of the property
line of a pre-existing primary or secondary school.
(2) A secure cultivation facility shall not be located on
residential property.
(3) A provisioning center shall not share office space with a
physician.
(4) Each provisioning center location and secure cultivation
facility shall have a security alarm system that is enabled
whenever provisioning center agents are not present.
(5) A provisioning center shall not sell, transfer, or
dispense a marihuana infused product unless it is labeled with both
of the following:
(a) The weight of marihuana contained.
(b) The words - "WARNING: This product contains marihuana. For
a qualifying patient's medical use only." or substantially similar
text.
(6) A provisioning center shall not advertise marihuana for
sale on a billboard, television, or radio. The department of
licensing and regulation may promulgate additional rules
restricting advertising of marihuana. The rules shall not prohibit
appropriate signs on the property of the provisioning center,
websites for the provisioning center or registered primary
caregiver, listings in business directories or telephone books,
listings in trade or medical print or online publications, or
advertising the sponsorship of health or not-for-profit charity or
advocacy events.
(7) A provisioning center or safety compliance facility shall
not knowingly employ an agent with an excluded felony offense or
who is under 21 years of age. A provisioning center or safety
compliance facility shall perform a background check on an
individual before he or she is offered employment to verify that he
or she does not have a conviction for an excluded felony offense.
(
Each provisioning center shall maintain records listing
each agent for the provisioning center, including the beginning
employment date and the date a background check was performed.
(9) A provisioning center shall not allow on-site consumption
of marihuana, except that a provisioning center employee who is a
medical marihuana patient may be permitted to use a marihuana
infused topical product.
(10) A provisioning center shall not dispense more than 2.5
ounces of useable marihuana in any 10-day day period to a
registered qualifying patient, directly or through his or her
primary caregiver.
(11) A provisioning center shall ensure compliance with the
dispensing limit under subsection (10) by maintaining internal,
confidential records that specify the amount of marihuana dispensed
to each registered qualifying patient and registered primary
caregiver and whether it was dispensed directly to the registered
qualifying patient or the registered primary caregiver. Each entry
shall include the date and time the marihuana was dispensed.
Entries shall be maintained for at least 90 days. For any
registered qualifying patient or registered qualifying caregiver in
possession of a registry identification card, a record shall be
kept using the patient's or caregiver's registry identification
number instead of the patient's or caregiver's name. Confidential
dispensing records are subject to reasonable inspection by a
municipal employee authorized to inspect provisioning centers under
municipal law to ensure compliance with this act, but may be stored
off-site. Confidential dispensing records are exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246. Except as required by a court order, a
provisioning center may not disclose confidential dispensing
records to any person other than a municipal employee performing an
inspection in accordance with this subsection or a provisioning
center agent.
(12) A provisioning center agent shall not dispense, transfer,
or sell marihuana to a person knowing that the person is not a
registered qualifying patient, registered primary caregiver, or
dispensary agent working on behalf of a provisioning center that is
not prohibited from operating or obtaining marihuana from other
provisioning centers under municipal law.
(13) Before marihuana is dispensed or sold from a provisioning
center, in addition to complying with subsection (14), a
provisioning center agent shall do 1 of the following:
(a) Verify that the person requesting marihuana holds what the
provisioning center agent reasonably believes to be an unexpired
primary caregiver or a qualifying patient registry identification
card.
(b) Require the person requesting marihuana to do all of the
following:
(
i) Certify that he or she is a qualifying patient who
submitted a valid, complete application for a registry
identification card at least 20 days earlier.
(
ii) Certify that to the best of his or her knowledge, the
state has not denied the application or issued a registry
identification card.
(
iii) Present a copy of the completed registry identification
card application and proof of receipt by the state department that
processes medical marihuana applications at least 20 days before
the date of the requested sale or transaction.
(c) If the person requesting marihuana purports to be a
provisioning center agent, make a diligent, good-faith effort to
verify that the person is a provisioning center agent for a
provisioning center that is allowed to operate by a municipality.
(14) Before marihuana is dispensed or sold from a provisioning
center, a provisioning center agent shall make a diligent, good-
faith effort to determine that the person named in the registry
identification card or other documentation submitted under
subsection (13) is the person seeking to obtain marihuana, by
examining what the provisioning center agent reasonably believes to
be valid government-issued photo identification.
(15) A person who is under 21 years of age or who has been
convicted of an excluded felony offense shall not serve as a
provisioning center agent or safety compliance facility agent. A
person who has not maintained a residence in this state for 2 years
or more shall not serve as a principal officer, board member, or
operator of a provisioning center or of a safety compliance
facility.
(16) A provisioning center agent shall not, for monetary
compensation, refer an individual to a physician.
(17) A provisioning center or safety compliance facility shall
not permit a physician to advertise in a dispensary or safety
compliance facility or to hold any financial interest in or receive
any compensation from the provisioning center or secure cultivation
facility.
(1
A provisioning center agent or safety compliance facility
agent shall not transport or possess marihuana on behalf of the
provisioning center or safety compliance facility in or upon a
motor vehicle or any self-propelled vehicle designed for land
travel unless all of the following conditions are met:
(a) The agent possesses a document signed and dated by a
manager or operator of the provisioning center or safety compliance
facility that employs the agent, stating the agent's name, the date
the marihuana will be transported, the approximate amount of
marihuana transported, and the name of the provisioning center or
safety compliance facility from which the marihuana is being
transported.
(b) The marihuana is located in 1 or more of the following:
(
i) An enclosed locked container, such as a safe, briefcase, or
other case.
(
ii) The trunk of the vehicle.
(
iii) A space that is inaccessible from the passenger
compartment of the vehicle.
Sec. 8. (1) A provisioning center that violates section 7(1)
to (3) is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $5,000.00. A city or
county in which the dispensary, secure cultivation facility, or
safety compliance facility operates in violation of section 7(1) to
(3) may petition the court for an injunction to close the
provisioning center or facility.
(2) A violation of section 7(4) to (11) is a state civil
infraction for which a violator may be ordered to pay a civil fine
of not more than $1,000.00.
(3) A person who transfers marihuana in violation of section
7(12) to (14) or who works in violation of section 7(15) is not
exempt from arrest, prosecution, or criminal or other penalties
under section 3 or 4.
(4) A person who violates section 7(16) or (17) is responsible
for a civil infraction and may be ordered to pay a civil fine of
not more than $1,000.00.
(5) A person who violates section 7(1
is guilty of a
misdemeanor punishable by imprisonment for not more than 30 days or
a fine of not more than $500.00, or both.
Sec. 9. (1) Municipalities are encouraged to establish
procedures to suspend or revoke a registration, license, or other
permission to operate if a provisioning center knowingly or
negligently allows marihuana to be dispensed to a person who is not
a registered qualifying patient or registered primary caregiver or
if a provisioning center or safety compliance facility commits
multiple or serious violations of this act or municipal
regulations.
(2) Nothing in this act requires the violation of federal law
or purports to give immunity from prosecution under federal law.
(3) Nothing in this act poses an obstacle to federal
enforcement of federal law.
Sec. 10. (1) Except as provided in this act, a visiting
qualifying patient, registered qualifying patient, or registered
primary caregiver who supplies, sells, transfers, or delivers
marihuana seeds to a provisioning center that is registered,
licensed, or otherwise allowed by the municipality in which it
operates in accordance with this act is not subject to any of the
following for engaging in that activity:
(a) Criminal penalties under state law or local ordinance.
(b) State or local civil prosecution.
(c) Search or inspection, except for an inspection authorized
by the municipality.
(d) Seizure.
(e) Any sanction, including disciplinary action or denial of a
right or privilege, by a business or occupational or professional
licensing board or bureau.
(2) Except as provided in this act, a registered qualifying
patient is not subject to any of the inspections or sanctions
listed in subsection (1)(a) to (e) for any of the following:
(a) Purchasing or acquiring not more than 2.5 ounces of usable
marihuana from 1 or more provisioning centers within a 10-day
period.
(b) Supplying, selling, transferring, or delivering marihuana
to a provisioning center that is registered, licensed, or otherwise
allowed by the municipality in which it operates if all of the
following conditions are met:
(
i) The marihuana was produced by the registered qualifying
patient or registered primary caregiver.
(
ii) The municipality in which the provisioning center operates
allows the transfer of marihuana from a registered qualifying
patient to a dispensary.
(
iii) The amount of marihuana transferred does not exceed the
amount of marihuana the registered qualifying patient is allowed to
possess.
(3) Except as provided in this act, a registered primary
caregiver is not subject to any of the inspections or sanctions
listed in subsection (1)(a) to (e) for any of the following:
(a) Purchasing or acquiring from 1 or more provisioning
centers not more than 2.5 ounces of usable marihuana in a 10-day
period for a registered qualifying patient who has designated the
registered primary caregiver on his or her application to the state
department administering the medical marihuana program.
(b) Supplying, selling, transferring, or delivering marihuana
to a provisioning center that is registered, licensed, or otherwise
allowed by the municipality in which it operates in compliance with
all of the following:
(
i) The marihuana is produced by the registered primary
caregiver and is excess marihuana above the amount necessary to
satisfy the registered qualifying patients the primary caregiver is
designated to serve.
(
ii) The municipality in which the provisioning center is
located allows the transfer of marihuana from a registered primary
caregiver to a provisioning center.
(
iii) The amount of marihuana transferred does not exceed the
amount of marihuana the registered primary caregiver is allowed to
possess.
