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Senate Bill 377


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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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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

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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.

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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.

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Ah yes, the LEO Notification Amendment.

 

If passed LEOs both State and Federal will have a fantastic new tool for planning their raids on patients and caregivers.

 

Who could blame LEO for abusing the data base to ensure that all their raids have a 100% success rate.

 

Shooting fish in a barrel is hard compared to shooting patients in wheelchairs.

 

Do LEO and HIPPA mix well?

Do they want to be responsible for medical information now?

Send in the lawyers....

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Ah yes, the LEO Notification Amendment.

 

If passed LEOs both State and Federal will have a fantastic new tool for planning their raids on patients and caregivers.

 

Who could blame LEO for abusing the data base to ensure that all their raids have a 100% success rate.

 

Shooting fish in a barrel is hard compared to shooting patients in wheelchairs.

 

Do LEO and HIPPA mix well?

Do they want to be responsible for medical information now?

Send in the lawyers....

 

Except this still won't solve the problems LEO says they have w/the law. Many patients and CGs grow at places other than their own address. Unless the amendment would also require the pt or CG to disclose the grow location, this amendment won't even do what LEO wants it to do.

 

This piece of crap bill needs to die in committee.

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Guest Happy Guy

Except this still won't solve the problems LEO says they have w/the law. Many patients and CGs grow at places other than their own address. Unless the amendment would also require the pt or CG to disclose the grow location, this amendment won't even do what LEO wants it to do.

 

This piece of crap bill needs to die in committee.

No doubt. Imagine all those Ruth Buck patients. This is The Worst Nightmare. Making victims is what Jones is all about.

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BOOHER represents my District and I think we could get him recalled for his recent Senate Vote on the tax overhaul....I need direction on how to draft the language I am pretty sure every senior I would talk to would sign it...I am going to call the DNC today and see if they can give me some direction on the verbage needed....

 

possibly somthing along the lines that he violated the constitution by voting to levy the tax burden on the working class and senior population while giving extensive tax breaks to lage corporations....

 

http://www.michigan.gov/documents/sos/Recall_Procedures_April_2011_349704_7.pdf

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Guest Happy Guy

Ahhh there goes John Doe lets pull him over he has a mmj card, lets give him a duid. thats how this bill would work

AND

There is Dr. Buck. We have her in jail. All of her patients are void now. Hundreds of them. Lets go to their homes and take all their marijuana related items because they can't have them anymore.... This is an outrage. Worst thing yet.

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Wow! After looking at this if they are successful and I am forced to register with LEO I will not renew my card!!!!!! I risk my political career and I'm certain I can't be the only politician who is a MM patient to avoid the addiction to narcotic LEGAL POISONS. I think those who know me personally here know if there was any way to champion openly my support of the law as written I would do it. I'm not sure if I should renew my card now, this could cause me to be on file with LEO depending on how quick they vote on this if it makes it that far. I was going next week but now I'm afraid to do anything.

 

Dizz

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I assume that the registration with the state police is to allow them to maintain the database of registration numbers. I would like to see what, if any, safeguards are in place to protect the identification of medical/confidential information as required by the act and HIPAA. If there are no safeguards, I think striking down that section of the bill should be no problem as it conflicts with state and federal law. Just a test case away.

 

Dr. Bob

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Guest finallyfree09

here is a copy of the email i just sent to darwin booher as he is my rep.

 

"Dear Mr Booher,

 

I just got finished reading a copy of the bill that you are sponsoring in lansing right now. I must say that I am starting to seriously regret voting for you and am considering voting for a man or woman that believes in the right of the people to make their own laws.

 

The Michigan Medical Marijuana Act passed by an overwhelming number of votes in november of 2008. It passed by more votes than you recieved. It passed by more votes than Obama recieved. Most importantly, it passed because the people that you wish to govern wanted law enforcement and government out of their private lives and medicine cabinets.

 

That is exactly what the MMMA does... restricts law enforcement and government. the law was written to protect patients and keep police out of their lives. The bill you are sponsoring goes completely against the will of the voters by handing all information to state and local police. That is NOT what I voted for. I voted to give people a card to show to a law enforcement officer should trouble arise. I did not vote to have the police informed of every medical marijuana patient that lives in their jurisdiction. I believe that government has been allowed to have to much control over us and YOUR bill is a shining example of that.

 

It is my belief that you are obligated to the people in your district to UPHOLD THE MMMA AS IT IS CURRENTLY WRITTEN. please keep police out of the private lives of citizens. Please keep the government out of the private medical issues that citizens may have.

 

People have a right to privacy, Mr Booher. I am sure that you would be quite aggravated if your doctor called the police and told them that he just provided you with a prescription for vicodin. The same would go for anything that a doctor discusses with you.

 

I am quite shocked that you would sponsor a bill that would go so far as informing police of a persons medical conditions or treatments. The very thought repulses me. I will not vote for ANY politician that would toss my constitutional rights out the window because the POLICE do not like the fact that i have those rights. I will only vote for a MAN, a LEADER to represent me in lansing.

 

So Mr Booher.... what are you? Are you a politician or a REAL leader. My vote is dependent on the answer to that question. Don't sell out the voters of Michigan Mr Booher you don't have the right."

 

i am so broke i can't pay attn so making any rally or protest is impossible. but i will keep writing.

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here is a copy of the email i just sent to darwin booher as he is my rep.

 

"Dear Mr Booher,

 

I just got finished reading a copy of the bill that you are sponsoring in lansing right now. I must say that I am starting to seriously regret voting for you and am considering voting for a man or woman that believes in the right of the people to make their own laws.

 

The Michigan Medical Marijuana Act passed by an overwhelming number of votes in november of 2008. It passed by more votes than you recieved. It passed by more votes than Obama recieved. Most importantly, it passed because the people that you wish to govern wanted law enforcement and government out of their private lives and medicine cabinets.

 

That is exactly what the MMMA does... restricts law enforcement and government. the law was written to protect patients and keep police out of their lives. The bill you are sponsoring goes completely against the will of the voters by handing all information to state and local police. That is NOT what I voted for. I voted to give people a card to show to a law enforcement officer should trouble arise. I did not vote to have the police informed of every medical marijuana patient that lives in their jurisdiction. I believe that government has been allowed to have to much control over us and YOUR bill is a shining example of that.

 

It is my belief that you are obligated to the people in your district to UPHOLD THE MMMA AS IT IS CURRENTLY WRITTEN. please keep police out of the private lives of citizens. Please keep the government out of the private medical issues that citizens may have.

 

People have a right to privacy, Mr Booher. I am sure that you would be quite aggravated if your doctor called the police and told them that he just provided you with a prescription for vicodin. The same would go for anything that a doctor discusses with you.

 

I am quite shocked that you would sponsor a bill that would go so far as informing police of a persons medical conditions or treatments. The very thought repulses me. I will not vote for ANY politician that would toss my constitutional rights out the window because the POLICE do not like the fact that i have those rights. I will only vote for a MAN, a LEADER to represent me in lansing.

 

So Mr Booher.... what are you? Are you a politician or a REAL leader. My vote is dependent on the answer to that question. Don't sell out the voters of Michigan Mr Booher you don't have the right."

 

i am so broke i can't pay attn so making any rally or protest is impossible. but i will keep writing.

 

Well said

Dr. Bob

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PRIVATE REGISTRY!!!

 

I'm glad I decided not to renew. Write to your reps about this, the letter I saw here from medicineman420 is good, I'd like to use it, with a few minor changes, if I may. It explains our situation very well. :goodjob::thumbsu:

 

Get your letter writing thoughts together and let's get this rolling ASAP please! So tired of fighting for rights we were already given. What a shame, people have nothing better to do than pick on us. We'll show 'em!

 

I swear I'll never understand HOW someone could presume to deny a right that was already given, especially By The People! It seems some people need to be reminded WHO'S VOTING, WHO pays taxes, and WHO pays THEIR salaries!

 

Dizz I feel bad for you and the position you're in.

 

Sb :(

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i didnt write that letter ff09 did.....but i am def working on one 2night and getting ahold of the local democratic party here on monday to get this recall wording started...

 

i am trying to tie the recall language to reduction of k-12 funding, the financial oversight bill and his recent vote on the tax restructuring favoring big business

 

man i wish i would have went to law school

 

peace 420

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here is a copy of the email i just sent to darwin booher as he is my rep.

 

"Dear Mr Booher,

 

I just got finished reading a copy of the bill that you are sponsoring in lansing right now. I must say that I am starting to seriously regret voting for you and am considering voting for a man or woman that believes in the right of the people to make their own laws.

 

The Michigan Medical Marijuana Act passed by an overwhelming number of votes in november of 2008. It passed by more votes than you recieved. It passed by more votes than Obama recieved. Most importantly, it passed because the people that you wish to govern wanted law enforcement and government out of their private lives and medicine cabinets.

 

That is exactly what the MMMA does... restricts law enforcement and government. the law was written to protect patients and keep police out of their lives. The bill you are sponsoring goes completely against the will of the voters by handing all information to state and local police. That is NOT what I voted for. I voted to give people a card to show to a law enforcement officer should trouble arise. I did not vote to have the police informed of every medical marijuana patient that lives in their jurisdiction. I believe that government has been allowed to have to much control over us and YOUR bill is a shining example of that.

 

It is my belief that you are obligated to the people in your district to UPHOLD THE MMMA AS IT IS CURRENTLY WRITTEN. please keep police out of the private lives of citizens. Please keep the government out of the private medical issues that citizens may have.

 

People have a right to privacy, Mr Booher. I am sure that you would be quite aggravated if your doctor called the police and told them that he just provided you with a prescription for vicodin. The same would go for anything that a doctor discusses with you.

 

I am quite shocked that you would sponsor a bill that would go so far as informing police of a persons medical conditions or treatments. The very thought repulses me. I will not vote for ANY politician that would toss my constitutional rights out the window because the POLICE do not like the fact that i have those rights. I will only vote for a MAN, a LEADER to represent me in lansing.

 

So Mr Booher.... what are you? Are you a politician or a REAL leader. My vote is dependent on the answer to that question. Don't sell out the voters of Michigan Mr Booher you don't have the right."

 

i am so broke i can't pay attn so making any rally or protest is impossible. but i will keep writing.

I am so proud to have you as a part of our community FF09.. Thank you so much for the efforts that you do.. Your letter is inspiring.. Can i sponsor a busride to lansing for you?

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i didnt write that letter ff09 did.....but i am def working on one 2night and getting ahold of the local democratic party here on monday to get this recall wording started...

 

i am trying to tie the recall language to reduction of k-12 funding, the financial oversight bill and his recent vote on the tax restructuring favoring big business

 

man i wish i would have went to law school

 

peace 420

Its young warriors like yourself Medicineman that will help all of us thru this unscathed.. I thank you from the bottom of my heart for your efforts.. Hit me up with that petition bro!! Im so proud to be a part of your community..

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I wish our Cards didn't have the names of our Patients or Caregivers on the back of them.

 

Why is the name on the back ?? Why not their Card # ??? Nobody's business !!!

 

If your Caregiver or Patient gets involved with LEO, then the back of the Card names somebody who should remain anonymous.

 

Once LEO turns their Card over, then they have your name, they can look up your address, and see what vehicle you drive.

 

This needs to be changed. A.S.A.P. !!!!

 

This Bill, 377, is messed up.

 

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Another spect of this bill that is totally maddening is that the PEOPLE told the government that the government shall establish a mmj program in Michigan and issue ID cards within 20 days. The government has not been able to perform this simple task in the timeframe required under the law, yet the government now wants to add another task to this process. The MDCH has broken the law thousands of times by failing to issue cards on time.

 

Who wants to bet? If this bill passes, MDCH (or whoever now) will comply with the 48-hour reporting requirement right away and continue to ignore the 20-day card issuing requirement.

Edited by Highlander
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