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House Bill No. 5800


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They don't want a patient to use MMJ even while sitting in a car in their own garage.  Stupid.

 

Interesting that the requirements for labeling only apply to MMJ obtained from another person.  I can see it now:

 

LEO:  "There is no label on your meds."

 

Pt/CG:  "I know, I grew it myself.  I didn't get it from anyone.  The requirement doesn't apply"

 

LEO:  "Oh, so you grow weed.  I need to see your grow area to confirm it's legal."

 

OR

 

LEO (writing down the CG's name and address):  "Thank you, here's your weed back.  Have a nice day."

 

a couple hours later...

 

KNOCK, KNOCK:  "We have a warrant to search your home.  We have evidence that you grow and supply weed, and we need to confirm your compliance."

 

If warrants are given out due to MMJ odor, they will surely be given out due to labeled meds.

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For those who have crappy pc's like I do;

 

 

 

 

 

HOUSE BILL No. 5800

August 3, 2016, Introduced by Rep. Lucido and referred to the Committee on Judiciary.
      
A bill to amend 2008 IL 1, entitled  "Michigan medical marihuana act,"
by amending section 7 (MCL 333.26427); and to repeal acts and parts of acts.


THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
 
7. Scope of Act.
 2   
Sec. 7. (a) The medical use of marihuana is allowed under  
 3  
state law to the extent that it is carried out in accordance with  
 4  
the provisions of this act.
 5  
     (b) This act shall not permit any person to do any of the  
 6  
following:
 7  
     (1) Undertake any task under the influence of marihuana,  
 8  
when doing so would constitute negligence or professional  
 9  
malpractice.
 
    06234'16                                                CJC
 

 

                                      2      

 1  
     (2) Possess marihuana, or otherwise engage in the medical  
 2  
use of marihuana:
 3  
     (A) in a school bus;
 4  
     (B) on the grounds of any preschool or primary or secondary  
 5  
school; or
 6  
     © in any correctional facility.
 7  
     (3) Smoke marihuana:
 8  
     (A) on any form of public transportation; or
 9  
     (B) in any public place.
10  
     (4) Operate, navigate, or be in actual physical control of  
11  
any motor vehicle, aircraft, or motorboat while under the  
12  
influence of marihuana.
13  
     (5) Use marihuana if that person does not have a serious or  
14  
debilitating medical condition.
15  
     © Nothing in this act shall be construed to require:
16  
     (1) A government medical assistance program or commercial or  
17  
non-profit health insurer to reimburse a person for costs  
18  
associated with the medical use of marihuana.
19  
     (2) An employer to accommodate the ingestion of marihuana in  
20  
any workplace or any employee working while under the influence  
21  
of marihuana.
22  
     (d) Fraudulent representation to a law enforcement official  
23  
of any fact or circumstance relating to the medical use of  
24  
marihuana to avoid arrest or prosecution shall be punishable by a  
25  
fine of $500.00, which shall be in addition to any other  
26  
penalties that may apply for making a false statement or for the  
27  
use of marihuana other than use undertaken pursuant to this act.

    06234'16                                                CJC


                                            3

 1       (E) A PERSON SHALL NOT TRANSPORT IN A MOTOR VEHICLE  
 2  MARIHUANA OR USABLE MARIHUANA THAT THE PERSON OBTAINED FROM  
 3  ANOTHER PERSON UNLESS IT IS IN A PACKAGE LABELED WITH ALL OF THE  
 4  FOLLOWING:
 5       (1) THE NAME AND ADDRESS OF THE SUPPLIER.
 6       (2) THE NAME OF THE PATIENT FOR WHOSE USE THE MARIHUANA OR  
 7  USEABLE MARIHUANA IS OBTAINED.
 8       (3) THE DATE THE PERSON OBTAINED THE MARIHUANA OR USABLE  
 9  MARIHUANA FROM THE SUPPLIER.  
10       (4) THE WEIGHT OF THE MARIHUANA OR USABLE MARIHUANA, EXCEPT  
11  THAT IF THE MARIHUANA OR USABLE MARIHUANA IS COMBINED WITH A  
12  SUBSTRATE TO AID IN EFFECTIVE DELIVERY OF THERAPEUTIC COMPONENTS  
13  IN MARIHUANA, THE LABEL SHALL INDICATE THE GROSS WEIGHT AND THE  
14  NUMBER OF TREATMENT DOSES. THE LABEL MEETS THE REQUIREMENTS OF  
15  THIS SUBDIVISION IF IT INDICATES THE QUANTITY AT THE TIME THE  
16  MARIHUANA OR USABLE MARIHUANA WAS RECEIVED FROM THE SUPPLIER.
17       (F) SUBSECTION (E) DOES NOT APPLY TO PHARMACEUTICAL-GRADE  
18  MARIHUANA THAT IS REGULATED UNDER AND COMPLIES WITH ARTICLE 8 OF  
19  THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.8101 TO 333.8511.
20       (G) A PERSON SHALL NOT SMOKE USABLE MARIHUANA IN OR UPON A  
21  MOTOR VEHICLE OR ANY SELF-PROPELLED VEHICLE DESIGNED FOR LAND  
22  TRAVEL. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A  
23  MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS  
24  OR A FINE OF NOT MORE THAN $500.00, OR BOTH.
25  
(H)
(e)
All other acts and parts of acts inconsistent with  
26  
this act do not apply to the medical use of marihuana as provided  
27  
for by this act.
 
   06234'16                                                         CJC

 

                                                4

 1  
     Enacting section 1. Section 474 of the Michigan penal code,  
 2  
1931 PA 328, MCL 750.474, is repealed.
 3  
     Enacting section 2. This amendatory act takes effect 90 days  
 4  
after the date it is enacted into law.

  06234'16                  Final Page                    CJC

 
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There are a couple things this would do. They added a misdemeanor for smoking marijuana in a motor vehicle, which would be for both parked and moving. That alone does not seem too bad since you would currently be charge with multiple misdemeanors including possession. Then they added a labeling requirement, which I’m guessing a patient’s immunity would be revoked if they didn’t have the proper labels. I would say that this is meant to target caregivers, but most patients drive around with their cards that have all the CG info on the back (so nothing extra is really being given). Instead, it seems like another gotcha LEO could use to harass patients.

 

What a surprise, this garbage is coming from the Judiciary Committee, the one headed by Rick Jones and the police state. Never say never, we just had the legislature pass that saliva testing bill that AAA said is pseudoscience.

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This is actually a house bill.

 

Introduced by this guy:

 

http://gophouse.org/representatives/southeast/lucido/

 

 

He introduced the nanogram  bill earlier this session as well.

 

I think we can stop this one. Hopefully. I think we can hold enough Dem's together.

 

 

One would think that republicans, the self-proclaimed party of small government, personal rights, and property rights would not try to prevent a patient (given access to MMJ by nearly 2/3 of Michigan voters) from using medication at home in his own vehicle.

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Republicans don't believe in small government.  They simply hate medicare, social security and oversight of their corporations.  They LOVE big brother government. Prisons, crimes, punishment, restricting personal freedoms, and monitoring everyone else to their standards. They brought us cash cows like the drug war and militarization.

 

They are definitely not small government. Never really have been. Small government means no rules to govern corporate greed, pollution and employee abuse.  Other than that, pfft,.. like they care.

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I assume this would need 75% majority to change the act, correct?

 

In other words not a chance in hell.

Right...

remember 2012? The Walsh bills?

passed with a 3/4 majority no problem at 0420....after AFTER A F T E R they voted two of them down during the afternoon session...

they went behind closed doors and made deals...came back out after everyone who opposed them was gone and voted to pass the 4 bills with a super majority.

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The republicans want smaller gov for themselves and the elite in terms of regulations, but when it comes to the average person they support the prison system and police state. The dems almost always vote no on these marijuana bills though. Just like illegal transport, extracts/edibles and saliva testing BS, this would be another tool in LEOs arsenal for circumventing the people's will and harassing law abiding medical patients.

 

I also believe Lucido has worked with Rick Jones before in support of saliva testing bills, so he likely has connections to the state police.

Edited by Alphabob
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Our biggest issue is when Commercial dispensary groups tell legislators behind closed doors that they would accept certain restrictions on patients and caregivers as long as they get dispensaries through.

 

It makes it really hard to oppose and stop when the legislators think they will get cover from  supposed "patients rights" groups who are just commercialists.

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Just one example:

 

News article 2014:

 

 

LANSING- Will Michigan impose a brand-new set of rules to establish a blood-level limit on THC, similar to a blood alcohol content level, to catch people driving under the influence of marijuana? They will, if dispensary owner Ben Horner from Flint has his way.

Horner stunned the medical marijuana advocates in attendance during the Michigan House Judiciary Committee meeting Thursday, April 17 when he volunteered the program to state legislators. He repeated the call for the program during a broadcast of the Planet Green Trees Internet Radio Show (PGT) later that same day. For a more thorough report on that Committee meeting please see the accompanying article.

Horner described a scheme in which those patients currently enrolled in the Michigan Medical Marihuana Program would be legally allowed to drive an automobile with up to 8 nanograms of THC per liter of blood, and non-patients would be given a tolerance level of 5 nanograms of THC.

Horner was announced in Committee as the leader of the Cannabis Stakeholder’s Group and was accompanied at the hearing by Lansing lobbyist Bill Zaagman. He offered the program during debate on a package of bills that proposes to establish a roadside saliva test to check automobile drivers for the presence of THC and other Schedule 1 drugs. Marijuana advocates had gathered for the House committee meeting to challenge the science of saliva testing and to dispute the presumption that any amount of THC in a driver’s blood stream constitutes impairment.

No legislator has suggested the nanogram driving limit; it was not part of the package of bills being debated; Horner’s suggestion took the assembled advocates- and legislators- by surprise.

“I suggested five nanograms per liter of blood for non-patients and eight nanograms of active THC per liter of blood for patients,” Horner repeated during the PGT broadcast. When questioned by the show host, Horner amended his statement to say, “I proposed that if you did not remove the saliva test for medical marijuana patients that you should put some kind of standard in there… just because you have some active THC in your system doesn’t mean that you are under the influence.”

Even when presented with new information confirming that medical marijuana patients would be exempted from taking the roadside saliva tests, Horner stuck to his THC blood testing plan. “I still think that kind of language should be in there,” he affirmed. “It’s the standard in other states that have passed drugged driving laws… I did hear from one of the staff’s aides that they did like the concept of the five nanogram limit and they were going to review that as well.”

The unexpected request for the new program came from a man who is deeply invested in the Michigan medical marijuana community. As owner of what is arguable Flint’s most successful marijuana dispensary, Michigan Organic Solutions, Horner also publishes the MMM Report, a monthly magazine for the medical marijuana community that is distributed for free and can be found in industry-related retail operations throughout the state. Horner is also known for creating large convention-style expos that feature competitions for cannabis growers and on-site marijuana patient certification services, most notably in Grand Rapids and Ann Arbor.

Marijuana community members responded to Horner’s blood test request with skepticism. PGT host Michael Komorn asked, “Did you talk to any lawyers or anyone who is in the scientific community that supported that as a per se amount?”

“We reviewed the arguments and the debates that were set in Colorado regarding the subject,” Horner replied, but did not explain who the ‘we’ included. Horner and the on-air staff discussed marijuana use and driving, how long THC stays active in the body and at what levels. He stated that a heavy smoker’s nanogram levels would drop to “3 or 2″ within five or six hours of smoking cannabis. When challenged by PGT staff to clarify some of his remarks Horner admitted during the segment that some of his statements had been incorrect, but he remained committed to the concept of giving all Michigan marijuana users a certain degree of protection from criminal charges for operating a vehicle while under the influence  of drugs.

As to the logic behind selecting an 8 nanogram limit for patients who drive, Horner said, “Some people would say that .08 (sic) is too high, some people would say that it’s too low, but you gotta set standards somewhere.”

Komorn called the testing schemes “junk science,” and co-host Chad reiterated that behavior-based visual testing programs were already in place across the state to snare drugged driving violators.

The PGT staff consists of show Host, attorney Michael Komorn; Co-Host and leader of the Birmingham Compassion Club, Chad; show Producer and managing partner of 3rd Coast Compassion Center in Ypsilanti, Jamie Lowell; PGT News Director and TCC Editor, Rick Thompson. The April 17 show featured in-studio guest Eric Gunnels of Clio and the segment included Robin Schneider, Legislative Chairwoman for theNational Patients Rights Association, via telephone.

Use the embedded player below to hear Horner, Schneider, Gunnels and Thompson report on the day’s proceedings at the House of Representatives, where HB 5385 was debated. Schneider and Horner also report on a meeting earlier in the week between their two organizations and the Michigan State Police, which centered around resolving any remaining disputes in the language of HB 4271, The Provisioning centers Act.  The segment began at the 69 minute mark of the broadcast.
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Our biggest issue is when Commercial dispensary groups tell legislators behind closed doors that they would accept certain restrictions on patients and caregivers as long as they get dispensaries through.

 

It makes it really hard to oppose and stop when the legislators think they will get cover from  supposed "patients rights" groups who are just commercialists.

 

what can we do to "correct" their thinking, or is it selective. Seems so by now...... with all the threads across the boards speaking of the same things for years...the division between dispensaries and patients, what is good for each, and motives of any such groups, that they would have got the message, if the message was what they wanted to get.   I can see value in educating patients about joining and supporting such groups, with good hearts even. Smart people support not so good orgs , even with hearts of gold, great intentions, anyone could be smuckered these days.

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I'll have to make sure to tell all my friends in the Flint area that in addition to not drinking the water, they should also not do any business with Michigan Organic Solutions. They are obviously in league with those who would restrict our rights.

 

Time for them to go out of business.

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If some really were selling out to get a dispensary bill passed, well they didn’t do a very good job. The fact that the legislature failed to even consider a dispensary bill makes me think that the dispensary lobbies lack real power. The ones making the decisions are the legislatures, judicial system and state police. Think about it, how could a few lobbyist running illegal businesses have more say than 200,000+ patients plus caregivers? From previous bills, it was complaints from the patients and caregivers that got them shutdown. Dispensaries have very little say in all of this, much less than the state police... otherwise they would be legal by now.

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go talk to lucido and tell him your concerns with this bill and take him the NHTSA and AAA studies about marijuana driving.

 

State Rep. Peter Lucido (R-Shelby Twp.) will continue to host monthly in-district hours this summer to meet with residents of the 36th District.

 

Residents can meet with Lucido at the Shelby Township Senior Center, 51670 Van Dyke, from 9-10:30 a.m. July 11, July 25 and Aug. 8 and at the Washington Township Senior Center,57880 Van Dyke, from 9-10:30 a.m. July 18, Aug. 1 and Aug. 15.

 

Appointments are not necessary, and there is no cost to attend. Residents unable to meet during the scheduled office hours may contact Lucido’s office by phone at 888-MICH-REP or by email at PeterLucido@house.mi.gov.

Edited by bax
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