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Tuesday 3-13-12, Senate Judiciary


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MEDICAL MARIHUANA: LOCATIONS S.B. 974: COMMITTEE SUMMARY

[Please see the PDF version of this analysis, if available, to view this image.]

 

 

Senate Bill 974 (as introduced 2-16-12)

Sponsor: Senator Rick Jones

Committee: Judiciary

 

 

Date Completed: 2-27-12

 

CONTENT The bill would amend the Michigan Medical Marihuana Act to prohibit the possession and use of medical marihuana on private property, in violation of a prohibition established by the property owner. The bill also would prohibit smoking medical marihuana in any portion of private property that was open to the public.

 

The Act authorizes the possession and use of limited amounts of marihuana by individuals suffering from certain conditions. The Act provides, however, that it does not permit any person to possess marihuana, or otherwise engage in the medical use of marihuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility. The bill also specifies that the Act would not permit a person to possess marihuana, or otherwise engage in its medical use, on private property in violation of a prohibition established by the property owner.

 

 

In addition, the Act provides that it does not permit any person to smoke marihuana on any form of public transportation or in any public place. Under the bill, any public place would include any portion of private property that was open to the public. The bill also specifies that the Act would not permit a person to smoke marihuana on private property in violation of a prohibition established by the property owner.

 

(Under the Public Health Code, possession of marihuana is a misdemeanor punishable by up to one year's imprisonment and/or a maximum fine of $2,000. Use of marihuana is a misdemeanor punishable by up to 90 days' imprisonment and/or a maximum fine of $100.)

 

 

MCL 333.26427 Legislative Analyst: Patrick Affholter

 

FISCAL IMPACT

The bill would have an indeterminate, but likely negligible, fiscal impact on State and local government. The bill would clarify and potentially expand the areas in which medical marihuana use is prohibited under the Michigan Medical Marihuana Act. This could result in a marginal increase in the number of individuals found in violation of the Public Health Code provisions outlawing the possession and/or use of marihuana. There are no data to indicate how many offenders this would affect, but the resulting misdemeanors could lead to a marginal increase in incarceration costs for local units and/or community supervision costs for the State.

 

Fiscal Analyst: Dan O'Connor

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Committee Judiciary

Clerk Phone Number 373-5323

Location Room 110, Farnum Building, 125 W. Allegan Street, Lansing, MI 48933

Date Tuesday, 3/13/2012

Time 2:30 pm

Agenda HB 4393 (Forlini) Liquor; drinking age; certain minors presenting themselves for treatment; exempt from underage drinking violation under certain circumstances.

 

SB 974 (Jones) Health; medical marihuana; authorization to medical marihuana in certain places; restrict.

 

 

And any other business properly before the committee.

Chair Rick Jones

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Correct the current law has never been fully implemented at all. Sure would be refreshing if it was. Cant there be any civil suit filled to get the AG to tow the line?

 

If I am correct, which I may not be, I believe that a grievance was filed against the AG by BB.

 

I do understand that it has not been implemented. I am thankful to live in an area where the cops are not informed enough to understand the law and leave it alone entirely. The only individual that I have dealt with that knew the law was the lady from CPS who came because they got a call I had children, cannabis, & pitbulls. She observed everything, saw the locked rooms, and didn't even ask to see the cards or paperwork. For the most part, I have been left alone entirely. But, I live about 25 minutes from Muskegon, where cannabis is an exciting thing for law enforcement to arrest people for. I have friends who have been detained, arrested, property seized, broken, or never returned. Sickening.

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