TheMan13
Well-Known Member
http://www.onmedicalmarijuana.com/2012/05/02/first-look-michigan-house-bill-5580-would-permit-regulate-dispensaries/ok, so let's take 5580 and see what the bad provisions are and what local profiteers are behind them....
Dr. Bob
First Look: Michigan House Bill 5580 Would Permit, Regulate Dispensaries
In a drastic departure from the consistent attempts to chip away at the Medical Marihuana Act, three Michigan House Representatives have sponsored a bill that would permit and regulate medical marihuana dispensaries. For the details about House Bill 5580, please continue reading.
On May 1, 2012, Republican representatives Mike Callton and Kevin Daley, along with Democratic representative Phil Cavanagh, introduced HB 5580 (HB 5580 – PDF), otherwise referred to as the “Medical Marihuana Provisioning Center Regulation Act.”
Definitions
In general, HB 5580 would regulate the commercial operations commonly referred to as medical marhuana dispensaries. It would also expressly allow for marihuana testing facilities and the cultivation of marihuana in nonresidential areas. A review of the bill’s main definitions is necessary before reviewing its details:
“Provisioning center” is defined as a “commercial entity located in this state that acquires, possess, 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.”
“Safety compliance facility” is defined as an “entity that tests marihuana produced for medical use for contaminates or potency.”
“Secure cultivation facility” is defined as a “nonresidential building or location within a nonresidential building that is equipped with locks or other security devices to prevent unauthorized entry.”
Protections
If a provisioning center acts in accordance with the bill, and obtains any required municipal licenses, the center and its employees are immune from state criminal penalties, civil prosecution, unauthorized searches, seizures, or sanctions for engaging in certain actions.
Those actions include purchasing marihuana seeds and marihuana from patients, caregivers, or other provisioning centers (unless a municipal restriction is in place), cultivating marihuana within a secure cultivation facility, possessing marihuana paraphernalia, processing or possessing processed marihuana, transporting marihuana between provisioning centers (unless a municipal restriction is in place), and selling or dispensing marihuana upon certain conditions.
Safety compliance facilities receive similar protections for acquiring, possessing, transporting, and returning marihuana. Safety compliance facilities are also permitted to receive compensation for their actions.
Finally, patients and caregivers receive similar protections for transferring, delivering or selling marihuana to a provisioning center, provided the marihuana was produced by the patient or caregiver and the municipality permits this activity. Patients and caregivers are also protected for purchasing marihuana from a provisioning center within the bill’s guidelines.
Municipal Oversight
HB 5580 does not, however, outright legalize dispensaries (or provision centers). Specifically, a municipality has the choice to prohibit the operation of provisioning centers within its limits, or, place additional regulations on their operations. The bill also permits municipalities to require licensure or registration for safety compliance facilities.
Unless specifically permitted by a municipal ordinance predating the bill, no provisioning center, safety compliance facility, or secure cultivation facility would be permitted within 1,000 feet of a school.
Operation
Section 7 outlines a number of restrictions on the operation of provisioning centers, secure cultivation facilities, and safety compliance facilities.
Provisioning centers are not permitted to share office space with a physician, to advertise on the radio or billboard, permit on-site consumption, dispense more than 2.5 ounces to any patient within 10 days, or dispense or sell to others prohibited from obtaining marihuana.
Further, provisioning centers must maintain certain records, provide proper labeling on marihuana infused products, perform background checks on employees, and maintain adequate security systems, among other items.
The bill also requires provisioning centers to follow certain procedures for verifying a person’s ability to acquire medical marihuana under state law.
Conclusion
There is little doubt the State of Michigan can handle, regulate, or oversee the medical marihuana program better. House Bill 5580 is one of the many bills introduced in an attempt to provide clarity to the Act. Whether or not the bill passes, it will promote rational debate on its merits. That debate is what will help this state enact reasonable, responsible regulations that protect patients and municipalities alike.
The bill has been referred to the House Judiciary committee. You can follow its progress here.