Willy Posted October 19, 2012 Report Share Posted October 19, 2012 (edited) http://www.legislatu...12-SIB-1349.htm Are they adding this to the bottom to slide it thru, im not sure what to think of this other than it looks like a money grab by the state of michigan, and more guidlines for growing, are they making a new business for the state, ... state run growing sites to rape the people?? or are they making a business for growers to pay and have larger faucilities .. Help me out. kind of a boggle to me.. Willy They listed everything they could think of,, but Medical Marijuana is listed halfway down.. SENATE BILL No. 1349 025]October 17, 2012, Introduced by Senators KAHN, RICHARDVILLE and JONES and referred to the Committee on Government Operations. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7212 and 7214 (MCL 333.7212 and 333.7214), section 7212 as amended by 2012 PA 183 and section 7214 as amended by 1982 PA 352, and by adding article 8; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7212. (1) The following controlled substances are 2 included in schedule 1: 3 (a) Any of the following opiates, including their isomers, 4 esters, the ethers, salts, and salts of isomers, esters, and 5 ethers, unless specifically excepted, when the existence of these 1 isomers, esters, ethers, and salts is possible within the 2 specific chemical designation: 3 Acetylmethadol Difenoxin Noracymethadol 4 Allylprodine Dimenoxadol Norlevorphanol 5 Alpha-acetylmethadol Dimepheptanol Normethadone 6 Alphameprodine Dimethylthiambutene Norpipanone 7 Alphamethadol Dioxaphetyl butyrate Phenadoxone 8 Benzethidine Dipipanone Phenampromide 9 Betacetylmethadol Ethylmethylthiambutene Phenomorphan 10 Betameprodine Etonitazene Phenoperidine 11 Betamethadol Etoxeridine Piritramide 12 Betaprodine Furethidine Proheptazine 13 Clonitazene Hydroxypethidine Properidine 14 Dextromoramide Ketobemidone Propiram 15 Diampromide Levomoramide Racemoramide 16 Diethylthiambutene Levophenacylmorphan Trimeperidine 17 Morpheridine 18 (b) Any of the following opium derivatives, their salts, 19 isomers, and salts of isomers, unless specifically excepted, when 20 the existence of these salts, isomers, and salts of isomers is 21 possible within the specific chemical designation: 22 Acetorphine Drotebanol Morphine-N-Oxide 23 Acetyldihydrocodeine Etorphine Myrophine 24 Benzylmorphine Heroin Nicocodeine 25 Codeine methylbromide Hydromorphinol Nicomorphine 26 Codeine-N-Oxide Methyldesorphine Normorphine 27 Cyprenorphine Methyldihydromorphine Pholcodine 28 Desomorphine Morphine methylbromide Thebacon 1 Dihydromorphine Morphine methylsulfonate 2 © Any material, compound, mixture, or preparation which 3 contains any quantity of the following hallucinogenic substances, 4 their salts, isomers, and salts of isomers, unless specifically 5 excepted, when the existence of these salts, isomers, and salts 6 of isomers is possible within the specific chemical designation: 7 2-Methylamino-1-phenylpropan-1-one 8 Some trade and other names: 9 Methcathinone 10 Cat 11 Ephedrone 12 3, 4-methylenedioxy amphetamine 13 5-methoxy-3, 4-methylenedioxy 14 amphetamine 15 3, 4, 5-trimethoxy amphetamine 16 Bufotenine 17 Some trade and other names: 18 3-(B-dimethylaminoethyl)-5 hydrozyindole 19 3-(2-dimethylaminoethyl)-5 indolol 20 N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine 21 Mappine 22 2, 5-Dimethoxyamphetamine 23 Some trade or other names: 24 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA 25 4-Bromo-2, 5-Dimethoxyamphetamine 26 Some trade or other names: 27 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo 28 2,5-DMA 1 Diethyltryptamine 2 Some trade and other names: 3 N,N-Diethyltryptamine; DET 4 Dimethyltryptamine 5 Some trade or other names: 6 DMT 7 4-methyl-2, 5-dimethoxyamphetamine 8 Some trade and other names: 9 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine 10 DOM, STP 11 4-methoxyamphetamine 12 Some trade or other names: 13 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine; 14 PMA 15 Ibogaine 16 Some trade and other names: 17 7-Ethyl-6,6a,7,8,9,10,12,13 18 Octahydro-2-methoxy-6,9-methano-5H- 19 pyrido (1, 2:1, 2 azepino 4, 5-b) indole 20 tabernanthe iboga 21 Lysergic acid diethylamide 22 Marihuana EXCEPT AS PROVIDED IN SUBSECTION (2), MARIHUANA 23 Mecloqualone 24 Mescaline 25 Peyote 26 N-ethyl-3 piperidyl benzilate 27 N-methyl-3 piperidyl benzilate 28 Psilocybin 29 Psilocyn 30 Thiophene analog of phencyclidine 31 Some trade or other names: 1 1-(1-(2-thienyl)cyclohexyl) piperidine) 2 2-thienyl analog of phencyclidine; TPCP 3 (d) Synthetic EXCEPT AS PROVIDED IN SUBSECTION (2), 4 SYNTHETIC equivalents of the substances contained in the plant, 5 or in the resinous extractives of cannabis and synthetic 6 substances, derivatives, and their isomers with similar chemical 7 structure or pharmacological activity, or both, such as the 8 following, are included in schedule 1: 9 (i) /\1 cis or trans tetrahydrocannabinol, and their optical 10 isomers. 11 (ii) /\6 cis or trans tetrahydrocannabinol, and their optical 12 isomers. 13 (iii) /\3,4, cis or trans tetrahydrocannabinol, and their 14 optical isomers. 15 (e) Compounds EXCEPT AS PROVIDED IN SUBSECTION (2), 16 COMPOUNDS of structures of substances referred to in subdivision 17 (d), regardless of numerical designation of atomic positions, are 18 included. 19 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of 20 isomer of gamma-hydroxybutyrate. 21 Some trade and other names: 22 Sodium oxybate 23 4-hydroxybutanoic acid monosodium salt 24 (g) 3,4-methylenedioxymethamphetamine. 1 Some trade and other names: 2 Ecstasy 3 MDMA 4 (h) N-Benzylpiperazine 5 Some trade and other names: 6 BZP 7 Benzylpiperazine 8 1-(phenylmethyl)-piperazine 9 (i) 3-Chlorophenylpiperazine 10 Some trade and other names: 11 MCPP 12 (j) 1-(3-Trifluoromethylphenyl)piperazine 13 Some trade and other names: 14 TFMPP 15 (k) 4-Bromo-2,5-dimethoxybenzylpiperazine 16 Some trade and other names: 17 2C-B-BZP 18 (l) All of the following: 19 (i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2- 20 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. 21 Some trade and other names: 1 HU-210 2 (ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2- 3 yl)phenol and its side chain homologues. 4 Some trade and other names: 5 CP47,497 6 (iii) 1-pentyl-3-(1-naphthoyl)indole. 7 Some trade and other names: 8 JWH-018 9 (iv) 1-butyl-3-(1-naphthoyl)indole. 10 Some trade and other names: 11 JWH-073 12 (v) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl- 13 methanone. 14 Some trade and other names: 15 JWH-015 16 (vi) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1- 17 naphthalenyl-methanone. 18 Some trade and other names: 19 JWH-200 20 (vii) 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)- 1 ethanone. 2 Some trade and other names: 3 JWH-250 4 (m) Mephedrone (4-methylmethcathinone). 5 Some trade and other names: 6 4-MMC, M-Cat, meow meow, miaow miaow, bounce, bubbles, bubble 7 love, mad cow, plant food, drone, and neo doves 8 (n) 4-Methyl-alpha-pyrrolidinobutyrophenone. 9 Some trade and other names: 10 MPBP 11 (o) Methylenedioxypyrovalerone 12 Some trade and other names: 13 MDPV, Bath salts, charge plus, cloud nine, hurricane Charlie, 14 ivory wave, ocean, red dove, scarface, sonic, white dove, white 15 lightning 16 (p) 5,6-Methylenedioxy-2-aminoindane 17 Some trade and other names: 18 MDAI 19 Woof-woof 20 (q) Naphyrone (Naphthylpyrovalerone) 1 Some trade and other names: 2 NRG-1 3 Rave 4 ® Pyrovalerone (1-(4-Methylphenyl)-2-(1-pyrrolidinyl)-1- 5 pentanone) 6 (s) Catha edulis; except as provided in subdivision (t) and 7 section 7218, all parts of the plant presently classified 8 botanically as catha edulis, whether growing or not; the leaves 9 and seeds of that plant; any extract from any part of that plant; 10 and every compound, salt, derivative, mixture, or preparation of 11 that plant or its leaves, seeds, or extracts. 12 Some trade and other names: 13 Khat 14 Qat 15 (t) Cathinone. 16 (u) Salvia divinorum; except as provided in subdivision (v), 17 all parts of the plant presently classified botanically as salvia 18 divinorum, whether growing or not; the leaves and seeds of that 19 plant; any extract from any part of that plant; and every 20 compound, salt, derivative, mixture, or preparation of that plant 21 or its leaves, seeds, or extracts. 22 (v) Salvinorin A. 23 (2) MARIHUANA AND THE SUBSTANCES DESCRIBED IN SUBSECTION 24 (1)(D) AND (E) ARE SCHEDULE 2 CONTROLLED SUBSTANCES IF THEY ARE 25 MANUFACTURED, OBTAINED, STORED, DISPENSED, POSSESSED, GROWN, OR 1 DISPOSED OF IN COMPLIANCE WITH ARTICLE 8. 2 (3) (2) For purposes of subsection (1), "isomer" includes 3 the optical, position, and geometric isomers. 4 Sec. 7214. The following controlled substances are included 5 in schedule 2: 6 (a) Any of the following substances, except those narcotic 7 drugs listed in other schedules, whether produced directly or 8 indirectly by extraction from substances of vegetable origin, or 9 independently by means of chemical synthesis, or by combination 10 of extraction and chemical synthesis: 11 (i) Opium and opiate, and any salt, compound, derivative, or 12 preparation of opium or opiate excluding nalaxone and its salts, 13 and excluding naltrexone and its salts, but including the 14 following: 15 Raw opium Etorphine hydrochloride 16 Opium extracts Hydrocodone 17 Opium Fluid-extracts Hydromorphone 18 Powdered opium Metopon 19 Granulated opium Morphine 20 Tincture of opium Oxycodone 21 Codeine Oxymorphone 22 Ethylmorphine Thebaine 23 (ii) A salt, compound, derivative, or preparation thereof 24 which is chemically equivalent to or identical with a substance 25 referred to in THIS subdivision, (a), except that these 26 substances do not include the isoquinoline alkaloids of opium. 27 (iii) Opium poppy, poppy straw, and concentrate of poppy 1 straw, the crude extract of poppy straw in either liquid, solid, 2 or powder form, which contains the phenanthrene alkaloids of the 3 opium poppy. 4 (iv) Coca leaves and any salt, compound, derivative, or 5 preparation thereof which is chemically equivalent to or 6 identical with any of these substances, except that the 7 substances do not include decocainized coca leaves or extraction 8 of coca leaves which extractions do not contain cocaine or 9 ecgonine. The substances include cocaine, its salts, 10 stereoisomers, and salts of stereoisomers when the existence of 11 the salts, stereoisomers, and salts of stereoisomers is possible 12 within the specific chemical designation. 13 (b) Any of the following opiates, including their isomers, 14 esters, ethers, salts, and salts of isomers, when the existence 15 of these isomers, esters, ethers, and salts is possible within 16 the specific chemical designation: 17 Alphaprodine Fentanyl 18 Anileridine Isomethadone 19 Bezitramide Levomethorphan 20 Dihydrocodeine Levorphanol 21 Diphenoxylate Metazocine 22 23 Methadone 24 Methadone-Intermediate, 4-cyano-2dimethylamino-4, 4-diphenyl butane 25 Moramide-Intermediate, 2-methyl-3-morpholino-1, 26 1-diphenylpropane-carboxylic acid 27 1 Pethidine 2 Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine 3 Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate 4 Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4- 5 carboxylic acid 6 7 Phenazocine Racemethorphan 8 Piminodine Racemorphan 9 © Unless listed in another schedule, any material, 10 compound, mixture, or preparation which contains any quantity of 11 the following substances having potential for abuse associated 12 with a stimulant effect on the nervous system: 13 (i) Amphetamine, its salts, optical isomers, and salts of its 14 optical isomers. 15 (ii) Any substance which contains any quantity of 16 methamphetamine, including its salts, stereoisomers, and salts of 17 stereoisomers. 18 (iii) Phenmetrazine and its salts. 19 (iv) Methylphenidate and its salts. 20 (d) Any material, compound, mixture, or preparation, 21 including its salts, isomers, and salts of isomers when the 22 existence of the salts, isomers, and salts of isomers is possible 23 within the specific chemical designation as listed in schedule 2, 24 which contains any quantity of the following substances having a 25 potential for abuse associated with the depressant effect on the 26 central nervous system: methaqualone, amobarbital, pentobarbital, 27 or secobarbital; or, any compound, mixture, or preparation 1 containing amobarbital, secobarbital, pentobarbital, or any salt 2 thereof in combination with itself, with another, or with 1 or 3 more other controlled substances. 4 (e) Marihuana, but only for use as provided in sections 7335 5 and 7336.ARTICLE 8 AND THE MICHIGAN MEDICAL MARIHUANA ACT, 2008 6 IL 1, MCL 333.26421 TO 333.26430. 7 ARTICLE 8 8 PHARMACEUTICAL-GRADE CANNABIS 9 PART 81 10 GENERAL PROVISIONS 11 SEC. 8101. (1) FOR PURPOSES OF THIS ARTICLE, THE WORDS AND 12 PHRASES DEFINED IN SECTIONS 8103 TO 8107 HAVE THE MEANINGS 13 ASCRIBED TO THEM IN THOSE SECTIONS. 14 (2) IN ADDITION, ARTICLE 1 CONTAINS GENERAL DEFINITIONS AND 15 PRINCIPLES OF CONSTRUCTION APPLICABLE TO ALL ARTICLES IN THIS 16 ACT. 17 SEC. 8103. (1) "APPLICANT" MEANS THE PERSON SUBMITTING AN 18 APPLICATION FOR A NEW LICENSE OR LICENSE RENEWAL UNDER PART 82 19 AND INCLUDES EACH INDIVIDUAL IDENTIFIED IN THE APPLICATION AS AN 20 OWNER, OPERATOR, OFFICER, DIRECTOR, PARTNER, MEMBER, OR MANAGER 21 OF THE APPLICANT. 22 (2) "CBD" AND "CBD ACID" MEAN CANNABIDIOL AND CANNABIDIOL 23 ACID. 24 (3) "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT. 25 (4) "ELIGIBLE PATIENT" MEANS AN INDIVIDUAL WHO MEETS THE 26 REQUIREMENTS OF PART 84 AND HAS BEEN ISSUED AN ENHANCED 27 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD. 1 (5) "ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION 2 CARD" MEANS THE REGISTRATION CARD ISSUED TO AN ELIGIBLE PATIENT 3 UNDER PART 84. 4 (6) "GOOD MORAL CHARACTER" MEANS THAT TERM AS DEFINED IN 5 SECTION 1 OF 1974 PA 381, MCL 338.41. 6 SEC. 8105. (1) "MARIHUANA" MEANS THAT TERM AS DEFINED IN 7 SECTION 7106 AND INCLUDES PHARMACEUTICAL-GRADE CANNABIS. 8 (2) "MEDICAL USE" MEANS THE PURCHASE, SALE, POSSESSION, USE, 9 INTERNAL POSSESSION, DELIVERY, TRANSFER, OR TRANSPORTATION OF 10 PHARMACEUTICAL-GRADE CANNABIS OR PARAPHERNALIA RELATING TO THE 11 ADMINISTRATION OF PHARMACEUTICAL-GRADE CANNABIS TO TREAT OR 12 ALLEVIATE AN ELIGIBLE PATIENT'S DEBILITATING MEDICAL CONDITION. 13 (3) "MICHIGAN MEDICAL MARIHUANA ACT" MEANS THE MICHIGAN 14 MEDICAL MARIHUANA ACT, 2008 IL 1, MCL 333.26421 TO 333.26430. 15 (4) "PHARMACEUTICAL-GRADE CANNABIS" MEANS A GRADE OF 16 CANNABIS THAT IS CULTIVATED FOR THE PURPOSES OF THIS ARTICLE; 17 THAT IS FREE OF CHEMICAL RESIDUES SUCH AS FUNGICIDES AND 18 INSECTICIDES AND IS TESTED BY VALIDATED METHODS TO DETERMINE ITS 19 CANNABINOID LEVELS, SPECIFICALLY, THC AND THC ACID LEVELS AND CBD 20 AND CBD ACID LEVELS AND COMPLIES WITH THE TOLERANCES DENOTED IN 21 TABLES 1, 2, AND 3 OF THIS SUBSECTION, FOR ITS MICROBIAL, 22 MYCOTOXIN, AND METAL CONTENTS, INCLUDING HEAVY METALS; AND THAT 23 MEETS ANY OTHER NECESSARY REQUIREMENTS TO BE CONSIDERED IN 24 COMPLIANCE WITH GOOD MANUFACTURING PRACTICES AS PRESCRIBED IN 25 RULES PROMULGATED BY THE DEPARTMENT UNDER THIS ARTICLE. 26 TABLE 1 1 MICROBIOLOGICAL 2 MICROBIOLOGICAL ANALYSIS FPL SPECIFICATIONS 3 TOTAL COLIFORMS <3 MPN/G 4 STD. PLATE COUNT AEROBIC <100 CFU/G 5 STD. PLATE COUNT ANAEROBIC <100 CFU/G 6 ESCHERICHIA COLI ABSENT 7 SALMONELLA ABSENT 8 STAPHYLOCOCCUS AUREUS <100 CFU/G 9 YEAST AND MOLDS <100 CFU/G 10 11 TABLE 2 12 MYCOTOXINS 13 TEST SPECIFICATION 14 AFLATOXIN B1 <20 ΜG/KG OF SUBSTANCE 15 AFLATOXIN B2 <20 ΜG/KG OF SUBSTANCE 16 AFLATOXIN O1 <20 ΜG/KG OF SUBSTANCE 17 AFLATOXIN O2 <20 ΜG/KG OF SUBSTANCE 18 OCHRATOXIN A <20 ΜG/KG OF SUBSTANCE 19 20 TABLE 3 21 HEAVY METALS 22 METAL NHP ACCEPTABLE LIMITS 23 ΜG/KG BW/DAY 24 ARSENIC <0.14 25 CADMIUM <0.09 26 LEAD <0.29 27 MERCURY <0.29 28 (5) "PHARMACEUTICAL-GRADE CANNABIS FUND" OR "FUND" MEANS THE 29 PHARMACEUTICAL-GRADE CANNABIS FUND CREATED IN SECTION 8113. 30 (6) "PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY" OR 1 "LICENSED FACILITY" MEANS ANY SECURE ENTITY, OPERATION, OR 2 FACILITY AT OR THROUGH WHICH PHARMACEUTICAL-GRADE CANNABIS IS 3 MANUFACTURED, CULTIVATED, AND TESTED IN THIS STATE FOR LAWFUL 4 MEDICAL USE AS PROVIDED FOR IN THIS ARTICLE AND THE MICHIGAN 5 MEDICAL MARIHUANA ACT. PHARMACEUTICAL-GRADE CANNABIS LICENSED 6 FACILITY DOES NOT INCLUDE A QUALIFYING PATIENT OR PRIMARY 7 CAREGIVER WHO POSSESSES OR CULTIVATES MARIHUANA IN THE MANNER 8 PRESCRIBED IN THE MICHIGAN MEDICAL MARIHUANA ACT OR AN ELIGIBLE 9 PATIENT WHO POSSESSES PHARMACEUTICAL-GRADE CANNABIS IN THE MANNER 10 PRESCRIBED IN THIS ARTICLE. 11 SEC. 8107. (1) "PRIMARY CAREGIVER" MEANS AN INDIVIDUAL WHO 12 HAS BEEN ISSUED A REGISTRY IDENTIFICATION CARD AS A PRIMARY 13 CAREGIVER UNDER THE MICHIGAN MEDICAL MARIHUANA ACT. 14 (2) "QUALIFYING PATIENT" MEANS AN INDIVIDUAL WHO HAS BEEN 15 ISSUED A REGISTRY IDENTIFICATION CARD AS A QUALIFYING PATIENT 16 UNDER THE MICHIGAN MEDICAL MARIHUANA ACT. 17 (3) "THC" MEANS DELTA-9-TETRAHYDROCANNABINOL AND 18 TETRAHYDROCANNABINOL ACID. 19 SEC. 8111. (1) BEGINNING ON THE EFFECTIVE DATE OF THIS 20 ARTICLE, THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR LICENSING, 21 REGISTRATION, INSPECTION, TESTING, OR OTHER ACTIVITY OR SERVICE 22 PROVIDED BY THE DEPARTMENT UNDER THIS ARTICLE. THE DEPARTMENT MAY 23 ESTABLISH SEPARATE OR ADDITIONAL ADMINISTRATIVE FEES UNDER THIS 24 SECTION TO PROCESS THE APPLICATION FOR AND THE ISSUANCE OF NEW OR 25 RENEWAL ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARDS 26 UNDER PART 84, OR SUBJECT TO SUBSECTION (2), THE DEPARTMENT MAY 27 UTILIZE FEES ESTABLISHED IN THE RULES PROMULGATED UNDER SECTION 5 1 OF THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26425, FOR THAT 2 PURPOSE. ALL FEES PERMITTED UNDER THIS SECTION SHALL BE DELIVERED 3 TO THE STATE TREASURER ON A MONTHLY BASIS FOR DEPOSIT IN THE 4 PHARMACEUTICAL-GRADE CANNABIS FUND. 5 (2) BEFORE COLLECTING A FEE UNDER THIS ARTICLE, THE 6 DEPARTMENT SHALL DEVELOP AND PUBLISH A COMPREHENSIVE SCHEDULE OF 7 FEES. THE SCHEDULE SHALL INCLUDE A DESCRIPTION OF EACH ACTIVITY 8 OR SERVICE AND THE MAXIMUM FEE CHARGED FOR THAT ACTIVITY OR 9 SERVICE. THE DEPARTMENT SHALL INCLUDE A STATEMENT OF THE 10 RATIONALE USED IN DETERMINING THE FEES CONTAINED IN THE SCHEDULE. 11 THE DEPARTMENT SHALL REVISE THE FEE SCHEDULE FROM TIME TO TIME SO 12 THAT THE AMOUNT OF FEES COLLECTED UNDER THIS ARTICLE DOES NOT 13 EXCEED THE AMOUNT NECESSARY TO FUND THE DUTIES OF THE DEPARTMENT 14 UNDER THIS ARTICLE. 15 SEC. 8113. (1) THE PHARMACEUTICAL-GRADE CANNABIS FUND IS 16 CREATED WITHIN THE STATE TREASURY. IN ADDITION TO THE FEES 17 DESCRIBED IN SECTION 8111, THE STATE TREASURER MAY RECEIVE MONEY 18 OR OTHER ASSETS FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. THE 19 STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE FUND. THE 20 STATE TREASURER SHALL CREDIT TO THE FUND INTEREST AND EARNINGS 21 FROM FUND INVESTMENTS. MONEY IN THE FUND AT THE CLOSE OF THE 22 FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE 23 GENERAL FUND. 24 (2) THE DEPARTMENT IS THE ADMINISTRATOR OF THE 25 PHARMACEUTICAL-GRADE CANNABIS FUND FOR AUDITING PURPOSES AND THE 26 DEPARTMENT SHALL EXPEND MONEY FROM THE FUND, UPON APPROPRIATION, 27 ONLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH 1 IMPLEMENTING, ADMINISTERING, AND ENFORCING THIS ARTICLE. 2 SEC. 8115. THE DEPARTMENT SHALL PROMULGATE RULES NECESSARY 3 TO CARRY OUT THIS ARTICLE AND MAY APPOINT AN ADVISORY COMMITTEE 4 TO ASSIST IN RULE DEVELOPMENT. THE RULES SHALL ADDRESS, BUT ARE 5 NOT REQUIRED TO BE LIMITED TO ADDRESSING, ALL OF THE FOLLOWING 6 SUBJECTS: 7 (A) IF NOT SPECIFICALLY PROVIDED FOR IN THIS ARTICLE, 8 ACTIVITIES NECESSARY FOR THE COMPLIANCE WITH OR ENFORCEMENT OF OR 9 ACTIVITIES THAT CONSTITUTE A VIOLATION OF THIS ARTICLE, 10 INCLUDING, BUT NOT LIMITED TO, PROCEDURES AND GROUNDS FOR 11 DENYING, SUSPENDING, OR REVOKING A LICENSE OR REGISTRATION UNDER 12 THIS ARTICLE. 13 (B) SPECIFICATION OF THE DUTIES OF THE EMPLOYEES, AGENTS, 14 AND CONTRACTORS OF THE DEPARTMENT. 15 © INSTRUCTIONS FOR LOCAL HEALTH DEPARTMENTS AND LAW 16 ENFORCEMENT OFFICERS. 17 (D) ALL FORMS NECESSARY OR CONVENIENT FOR THE 18 IMPLEMENTATION, ADMINISTRATION, AND ENFORCEMENT OF THIS ARTICLE. 19 (E) ACTIVITIES THAT CONSTITUTE OR RESULT IN 20 MISREPRESENTATION OR UNFAIR, DECEPTIVE PRACTICES. 21 (F) PROCEDURES TO ISSUE INDIVIDUAL IDENTIFICATION CARDS TO 22 APPLICANTS AND TO EMPLOYEES OF PHARMACEUTICAL-GRADE CANNABIS 23 LICENSED FACILITIES BASED UPON A FINGERPRINT-BASED CRIMINAL 24 HISTORY CHECK OR A NAME-BASED CRIMINAL HISTORY CHECK IF THE 25 APPLICANT'S OR EMPLOYEE'S FINGERPRINTS ARE UNCLASSIFIABLE BEFORE 26 ISSUING THE CARD. 27 (G) SPECIFICATION OF THE MINIMUM REQUIREMENTS FOR THE 1 CULTIVATION, DISTRIBUTION, AND SALE OF PHARMACEUTICAL-GRADE 2 CANNABIS, INCLUDING SPECIFICATIONS ON LEGITIMATE SOURCES OF SEEDS 3 TO CULTIVATE PHARMACEUTICAL-GRADE CANNABIS. 4 (H) REGULATION OF MANUFACTURING, INVENTORY CONTROL, STORAGE, 5 WAREHOUSING, DISTRIBUTION, AND TRANSPORTATION OF MARIHUANA UNDER 6 THIS ARTICLE. 7 (I) COMPLIANCE WITH FEDERAL REGULATORY REQUIREMENTS. 8 (J) HEALTH AND SANITARY REQUIREMENTS FOR PHARMACEUTICAL- 9 GRADE CANNABIS LICENSED FACILITIES. 10 (K) RECORD KEEPING, RECORD RETENTION, RECORD STORAGE, AND 11 RECORD SECURITY REQUIREMENTS FOR PHARMACEUTICAL-GRADE CANNABIS 12 LICENSED FACILITIES. 13 (l) AUDIT REQUIREMENTS FOR PHARMACEUTICAL-GRADE CANNABIS 14 LICENSED FACILITIES, WHICH SHALL INCLUDE SELF REPORTING OF 15 INVENTORY ON A MONTHLY BASIS, SUBJECT TO INSPECTION BY DESIGNATED 16 STATE AND FEDERAL AUTHORITIES. 17 (M) PHYSICAL SECURITY REQUIREMENTS FOR PHARMACEUTICAL-GRADE 18 CANNABIS THAT AT A MINIMUM INCLUDE LIGHTING AND ALARMS. 19 (N) STATE LICENSING PROCEDURES, INCLUDING RENEWALS, AND THE 20 FORM AND CONTENT OF LICENSING APPLICATIONS AND LICENSES. 21 (O) THE REPORTING AND TRANSMITTAL OF MONTHLY SALES AND 22 INCOME TAX PAYMENTS FOR PHARMACEUTICAL-GRADE CANNABIS LICENSED 23 FACILITIES. 24 (P) AUTHORIZATION FOR THE DEPARTMENT OF TREASURY TO HAVE 25 ACCESS TO LICENSING INFORMATION TO ENSURE SALES AND INCOME TAX 26 PAYMENTS FOR PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES. 27 (Q) ACTIVITIES THAT CONSTITUTE LAWFUL AND UNLAWFUL FINANCIAL 1 ARRANGEMENTS BETWEEN PHARMACEUTICAL-GRADE CANNABIS LICENSED 2 FACILITIES. 3 ® THE SIZE, DIMENSIONS, AND ACCEPTABLE COLORS FOR 4 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SIGNAGE. 5 (S) THE QUANTITY OF PHARMACEUTICAL-GRADE CANNABIS PLANTS AND 6 DRIED PLANT MATERIAL THAT A PHARMACEUTICAL-GRADE CANNABIS 7 LICENSED FACILITY MAY POSSESS IN ITS INVENTORY AT ANY TIME. 8 (T) REGULATIONS REGARDING ADVERTISING, INCLUDING 9 PROHIBITIONS ON THE INCLUSION OF PRICING INFORMATION, THE USE OF 10 LOGOS OR OTHER FORMS OF BRANDING, OR THE DEPICTION OF ANY PART OF 11 A MARIHUANA PLANT, THE WHOLE MARIHUANA PLANT, MARIHUANA LEAVES, 12 OR SMOKING OR DRUG PARAPHERNALIA. 13 (U) A PROCESS TO REVOKE AN ENHANCED PHARMACEUTICAL-GRADE 14 CANNABIS REGISTRATION CARD ISSUED UNDER PART 84 IF A PATIENT IS 15 NO LONGER AN ELIGIBLE PATIENT UNDER THAT PART. 16 (V) OTHER MATTERS NECESSARY FOR THE FAIR, IMPARTIAL, 17 STRINGENT, AND COMPREHENSIVE IMPLEMENTATION, ADMINISTRATION, AND 18 ENFORCEMENT OF THIS ARTICLE TO PROTECT THE HEALTH, SAFETY, AND 19 WELFARE OF THE RESIDENTS OF THIS STATE. 20 SEC. 8117. THE DEPARTMENT SHALL ESTABLISH A PHARMACEUTICAL- 21 GRADE CANNABIS LICENSED FACILITY REGISTRY. THE REGISTRY SHALL BE 22 AN ONLINE DATABASE THAT CONTAINS INFORMATION REGARDING THE 23 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES LICENSED UNDER 24 PART 82. 25 SEC. 8119. BY JANUARY 31 OF EACH CALENDAR YEAR, THE 26 DEPARTMENT SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT FOR 27 THE PREVIOUS CALENDAR YEAR THAT CONTAINS ALL OF THE FOLLOWING 1 INFORMATION: 2 (A) THE NUMBER OF LICENSES ISSUED UNDER PART 82. 3 (B) THE NUMBER OF APPLICATIONS FILED FOR ENHANCED 4 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARDS UNDER PART 84. 5 © THE NUMBER OF ENHANCED PHARMACEUTICAL-GRADE CANNABIS 6 REGISTRATION CARDS ISSUED TO ELIGIBLE PATIENTS IN EACH COUNTY. 7 THE DEPARTMENT SHALL NOT INCLUDE IN THE REPORT ANY IDENTIFYING 8 INFORMATION ABOUT ELIGIBLE PATIENTS OR PHYSICIANS PROVIDING 9 PHYSICIAN CERTIFICATIONS UNDER PART 84. 10 (D) THE NATURE OF THE DEBILITATING MEDICAL CONDITIONS OF THE 11 ELIGIBLE PATIENTS. 12 (E) THE NUMBER OF ENHANCED PHARMACEUTICAL-GRADE CANNABIS 13 REGISTRATION CARDS REVOKED UNDER PART 84. 14 (F) THE NUMBER OF PHYSICIANS PROVIDING PHYSICIAN 15 CERTIFICATIONS FOR ELIGIBLE PATIENTS UNDER PART 84. 16 (G) THE TOTAL AMOUNT OF FEES COLLECTED UNDER THIS ARTICLE. 17 (H) ALL COSTS RELATED TO PERFORMING THE DUTIES OF THE 18 DEPARTMENT UNDER THIS ARTICLE. 19 (I) FINES, SUSPENSIONS, OR LICENSE REVOCATIONS THAT WERE 20 IMPOSED BY THE DEPARTMENT UNDER THIS ARTICLE. 21 (J) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS 22 APPROPRIATE UNDER THIS ARTICLE. 23 PART 82 24 FACILITY LICENSING 25 SEC. 8201. (1) TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF 26 RESIDENTS OF THIS STATE, THE DEPARTMENT SHALL LICENSE FACILITIES 27 UNDER THIS ARTICLE TO CULTIVATE, MANUFACTURE, AND TEST 1 PHARMACEUTICAL-GRADE CANNABIS IN THIS STATE. THE DEPARTMENT SHALL 2 IMPLEMENT, ADMINISTER, AND ENFORCE THIS ARTICLE TO ENSURE THAT A 3 SAFE, PURE, DOSAGE—CONSISTENT GRADE OF PHARMACEUTICAL-GRADE 4 CANNABIS IS AVAILABLE TO ELIGIBLE PATIENTS AND QUALIFYING 5 PATIENTS WHO ARE RESIDENTS OF THIS STATE. 6 (2) THIS ARTICLE DOES NOT APPLY TO CONDUCT WHILE IT IS BEING 7 ENGAGED IN UNDER THE MICHIGAN MEDICAL MARIHUANA ACT. 8 SEC. 8203. (1) A PERSON SHALL NOT OPERATE A PHARMACEUTICAL- 9 GRADE CANNABIS FACILITY IN THIS STATE UNTIL ISSUED A LICENSE 10 UNDER THIS PART. A LICENSE ISSUED UNDER THIS PART IS NOT 11 ASSIGNABLE OR TRANSFERABLE TO ANY OTHER PERSON. 12 (2) BEFORE A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY 13 IS ESTABLISHED, THE OWNER OR OPERATOR OF THAT FACILITY SHALL 14 SUBMIT AN APPLICATION, A DETAILED BUSINESS PLAN, COMPLETE 15 DRAWINGS OF ITS PHYSICAL PLANT, AND ANY OTHER REQUESTED 16 INFORMATION TO THE DEPARTMENT FOR EXAMINATION AND APPROVAL. THE 17 DRAWINGS SHALL BE DRAWN TO AN INDICATED SCALE, GIVE THE RELATIVE 18 LOCATION OF THE PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY, 19 AND ILLUSTRATE ALL ROOMS, BUILDINGS, FACILITIES, AND EQUIPMENT TO 20 BE USED IN THE CULTIVATION, DISTRIBUTION, OR SALE OF 21 PHARMACEUTICAL-GRADE CANNABIS UNDER THIS ARTICLE. SPECIFICATIONS 22 AND OTHER INFORMATION PRESCRIBED IN RULES PROMULGATED UNDER THIS 23 ARTICLE SHALL ACCOMPANY THE DRAWINGS. 24 (3) WHEN THE CONSTRUCTION AND ESTABLISHMENT OF A PROPOSED 25 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY ARE COMPLETED, 26 THE OWNER OR OPERATOR OF THE PROPOSED PHARMACEUTICAL-GRADE 27 CANNABIS LICENSED FACILITY SHALL NOTIFY THE DEPARTMENT. THE 1 DEPARTMENT SHALL INSPECT THE BUILDINGS AND PREMISES AT WHICH THE 2 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY IS CONTEMPLATED. 3 (4) UPON COMPLIANCE BY AN APPLICANT WITH THE REQUIREMENTS OF 4 THIS ARTICLE, THE DEPARTMENT SHALL ISSUE A PHARMACEUTICAL-GRADE 5 CANNABIS LICENSED FACILITY LICENSE. THE DEPARTMENT SHALL ISSUE A 6 LICENSE UNDER THIS PART FOR A PERIOD OF 1 YEAR. 7 SEC. 8205. (1) THE DEPARTMENT SHALL NOT ISSUE A LICENSE 8 UNDER THIS PART TO AN APPLICANT TO OPERATE A PHARMACEUTICAL-GRADE 9 CANNABIS LICENSED FACILITY UNLESS THE DEPARTMENT IS SATISFIED 10 THAT ALL OF THE FOLLOWING REQUIREMENTS ARE MET: 11 (A) ALL FEES REQUIRED UNDER THIS ARTICLE HAVE BEEN PAID. 12 (B) THE APPLICANT WILL OPERATE THE LICENSED FACILITY IN 13 COMPLIANCE WITH THIS ARTICLE. 14 © THE APPLICANT IS AN ADULT OF GOOD MORAL CHARACTER. 15 (D) THE APPLICANT IS NOT DELINQUENT IN FILING ANY TAX 16 RETURNS WITH A TAXING AGENCY; PAYING ANY TAXES, INTEREST, OR 17 PENALTIES; PAYING ANY JUDGMENTS DUE TO A GOVERNMENT AGENCY; 18 REPAYING GOVERNMENT-INSURED STUDENT LOANS; OR PAYING CHILD 19 SUPPORT. 20 (E) THE APPLICANT WILL NOT HIRE OR CONTRACT WITH ANY 21 INDIVIDUAL IN THE COURSE OF OPERATING A LICENSED FACILITY WITHOUT 22 FIRST CONDUCTING A CRIMINAL HISTORY CHECK IN THE MANNER 23 PRESCRIBED IN RULES PROMULGATED UNDER THIS ARTICLE. 24 (F) THE INSPECTION OF THE PREMISES AND THE OPERATIONS OF THE 25 APPLICANT DID NOT REVEAL ANY REASON TO DENY THE LICENSE. 26 (G) THE CRIMINAL HISTORY CHECK CONDUCTED UNDER SUBSECTION 27 (2) DID NOT REVEAL ANY REASON TO DENY THE LICENSE. 1 (H) ANY OTHER CRITERIA ESTABLISHED IN RULES PROMULGATED 2 UNDER THIS ARTICLE. 3 (2) AT THE TIME OF FILING AN APPLICATION FOR ISSUANCE OR 4 RENEWAL OF A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY 5 LICENSE, AN APPLICANT SHALL SUBMIT A SET OF HIS OR HER 6 FINGERPRINTS AND FILE PERSONAL HISTORY INFORMATION CONCERNING THE 7 PERSON'S QUALIFICATIONS FOR A LICENSE UNDER THIS ARTICLE. THE 8 DEPARTMENT SHALL SUBMIT THE FINGERPRINTS TO THE DEPARTMENT OF 9 STATE POLICE FOR THE PURPOSE OF CONDUCTING FINGERPRINT-BASED 10 CRIMINAL HISTORY CHECKS. THE DEPARTMENT OF STATE POLICE SHALL 11 FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION 12 FOR THE PURPOSE OF CONDUCTING FINGERPRINT-BASED CRIMINAL HISTORY 13 CHECKS. THE DEPARTMENT MAY ACQUIRE A NAME-BASED CRIMINAL HISTORY 14 CHECK FOR AN APPLICANT WHO HAS TWICE SUBMITTED TO A FINGERPRINT- 15 BASED CRIMINAL HISTORY CHECK UNDER THIS PART AND WHOSE 16 FINGERPRINTS ARE UNCLASSIFIABLE. AN APPLICANT WHO HAS PREVIOUSLY 17 SUBMITTED FINGERPRINTS UNDER THIS PART MAY REQUEST THAT THE 18 FINGERPRINTS ON FILE BE USED. THE DEPARTMENT SHALL USE THE 19 INFORMATION RESULTING FROM THE FINGERPRINT-BASED CRIMINAL HISTORY 20 CHECK TO INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS 21 QUALIFIED TO HOLD A LICENSE UNDER THIS ARTICLE. THE DEPARTMENT 22 MAY VERIFY ANY OF THE INFORMATION AN APPLICANT IS REQUIRED TO 23 SUBMIT. 24 SEC. 8207. THE DEPARTMENT MAY CONDUCT A PUBLIC HEARING UNDER 25 THE ADMINISTRATIVE PROCEDURES ACT OF 1969 BEFORE ISSUING A 26 LICENSE UNDER THIS PART. THE DEPARTMENT SHALL NOT ISSUE A LICENSE 27 UNDER THIS PART IF IT DETERMINES THAT THE NUMBER OF LICENSES 1 ISSUED THROUGHOUT THE STATE IS ADEQUATE FOR THE REASONABLE NEEDS 2 OF THE ELIGIBLE PATIENTS AND QUALIFYING PATIENTS IN THE COMMUNITY 3 BASED ON THE DEPARTMENT'S OWN INFORMATION OR ON TESTIMONY AND 4 EVIDENCE RECEIVED AT A PUBLIC HEARING HELD UNDER THIS SECTION. 5 SEC. 8209. THE DEPARTMENT MAY DELEGATE THE DUTY OF 6 INSPECTIONS FOR APPROVAL OR RENEWAL OF PHARMACEUTICAL-GRADE 7 CANNABIS LICENSED FACILITY LICENSES TO A LOCAL HEALTH DEPARTMENT 8 THAT HAS THE TECHNICAL AND OTHER CAPABILITIES TO PROTECT THE 9 PUBLIC HEALTH, SAFETY, AND WELFARE IN THIS FIELD. THE DELEGATION 10 SHALL NOT TAKE PLACE UNLESS THE DEPARTMENT HAS FIRST CONSULTED 11 WITH AN AD HOC COMMITTEE THAT SHALL BE APPOINTED BY THE 12 DEPARTMENT FOR THE PURPOSE OF ADVISING ON THAT DELEGATION. 13 MEMBERSHIP ON THE AD HOC COMMITTEE SHALL INCLUDE REPRESENTATIVES 14 OF THE DEPARTMENT, LOCAL PUBLIC HEALTH AGENCIES, AND AN 15 ASSOCIATION THAT REPRESENTS THE PHARMACEUTICAL-GRADE CANNABIS 16 LICENSED FACILITIES THAT WOULD BE SUBJECT TO THE INSPECTIONS. IF 17 DELEGATED UNDER THIS SECTION, THE STATE SHALL REIMBURSE EACH 18 LOCAL HEALTH DEPARTMENT THE FULL AMOUNT OF THE FEES COLLECTED, AS 19 REIMBURSEMENT FOR THE COST OF INSPECTION, ON VOUCHERS CERTIFIED 20 BY THE LOCAL HEALTH OFFICER AND APPROVED BY THE DEPARTMENT. 21 SEC. 8211. NOT LATER THAN THE THIRTIETH DAY BEFORE THE 22 EXPIRATION OF AN ANNUAL LICENSE UNDER THIS PART, A PERSON 23 OPERATING A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY 24 SEEKING RELICENSURE SHALL APPLY FOR LICENSE RENEWAL AND SHALL PAY 25 A FEE AS PRESCRIBED IN THIS ARTICLE. UPON COMPLIANCE BY AN 26 APPLICANT FOR LICENSE RENEWAL WITH THE REQUIREMENTS OF THIS 27 ARTICLE AND PAYMENT OF THE LICENSE RENEWAL FEE, THE DEPARTMENT 1 SHALL ISSUE A RENEWAL LICENSE. 2 PART 83 3 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY OPERATIONS 4 SEC. 8301. A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY 5 SHALL ESTABLISH LEGAL CONTROL OF ITS PHYSICAL LOCATION. THE 6 PHYSICAL LOCATION SHALL MEET ALL APPLICABLE STATE AND LOCAL 7 ZONING LAWS. 8 SEC. 8303. (1) A PHARMACEUTICAL-GRADE CANNABIS LICENSED 9 FACILITY SHALL NOTIFY THE DEPARTMENT IN WRITING WITHIN 10 DAYS 10 AFTER AN OFFICER, DIRECTOR, PARTNER, MEMBER, MANAGER, OR EMPLOYEE 11 CEASES TO WORK AT OR OTHERWISE BE ASSOCIATED WITH THE LICENSED 12 FACILITY. THAT OFFICER, DIRECTOR, PARTNER, MEMBER, MANAGER, OR 13 EMPLOYEE SHALL IMMEDIATELY SURRENDER HIS OR HER IDENTIFICATION 14 CARD TO THE DEPARTMENT. 15 (2) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL 16 NOTIFY THE DEPARTMENT IN WRITING OF THE NAME, ADDRESS, AND DATE 17 OF BIRTH OF AN OFFICER, DIRECTOR, PARTNER, MEMBER, MANAGER, OR 18 EMPLOYEE BEFORE THE INDIVIDUAL IS ASSOCIATED WITH OR BEGINS 19 WORKING AT THE LICENSED FACILITY. THE LICENSED FACILITY SHALL 20 OBTAIN THE INDIVIDUAL'S IDENTIFICATION AND HAVE A CRIMINAL 21 HISTORY CHECK CONDUCTED TO DETERMINE IF THAT INDIVIDUAL IS 22 QUALIFIED TO WORK AT OR BE ASSOCIATED WITH THE LICENSED FACILITY 23 UNDER THIS ARTICLE. 24 (3) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL 25 NOT ACQUIRE, POSSESS, CULTIVATE, DELIVER, TRANSFER, TRANSPORT, 26 SUPPLY, SELL, OR DISPENSE PHARMACEUTICAL-GRADE CANNABIS FOR ANY 27 PURPOSE EXCEPT FOR THE MEDICAL USE BY ELIGIBLE PATIENTS AND 1 QUALIFYING PATIENTS AS PROVIDED IN THIS ARTICLE. 2 (4) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL 3 NOT POSSESS MORE THAN THE AMOUNT OF PHARMACEUTICAL-GRADE CANNABIS 4 PLANTS OR DRIED PHARMACEUTICAL-GRADE CANNABIS ALLOWED IN ITS 5 INVENTORY AS PRESCRIBED IN RULES PROMULGATED UNDER THIS ARTICLE. 6 (5) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL 7 DESTROY ALL MARIHUANA THAT IT CULTIVATES OR THAT IS OTHERWISE IN 8 ITS POSSESSION THAT IS DETERMINED NOT TO BE PHARMACEUTICAL-GRADE 9 CANNABIS. A LICENSED FACILITY SHALL KEEP RECORDS OF ITS 10 ACTIVITIES UNDER THIS SUBSECTION IN ORDER TO VERIFY ITS 11 COMPLIANCE TO THE DEPARTMENT. 12 SEC. 8305. A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY 13 MAY BE A PROFIT OR NONPROFIT ENTITY. 14 SEC. 8307. A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY 15 MAY OPERATE ON ANY DAYS OF THE WEEK, BUT SHALL DO ALL OF THE 16 FOLLOWING: 17 (A) PROHIBIT SMOKING OR CONSUMPTION OF MARIHUANA ON ITS 18 PREMISES. 19 (B) MAINTAIN ALL RECORDS REQUIRED UNDER THIS ARTICLE ON ITS 20 PREMISES. 21 © ALLOW UNANNOUNCED INSPECTION OF ITS PREMISES DURING 22 REASONABLE BUSINESS HOURS BY ANY STATE, FEDERAL, OR LOCAL 23 GOVERNMENTAL AGENCY AUTHORIZED TO INSPECT THE LICENSED FACILITY 24 UNDER THIS ARTICLE. 25 SEC. 8309. IN ADDITION TO THE PROVISIONS OF SECTION 2946 OF 26 THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2946, IN 27 A PRODUCT LIABILITY ACTION AGAINST A PHARMACEUTICAL-GRADE 1 CANNABIS LICENSED FACILITY, PHARMACEUTICAL-GRADE CANNABIS IS NOT 2 DEFECTIVE OR UNREASONABLY DANGEROUS, AND THE PHARMACEUTICAL-GRADE 3 CANNABIS LICENSED FACILITY IS NOT LIABLE, IF THE PRODUCT SOLD WAS 4 TESTED AND DETERMINED TO MEET THE STANDARDS FOR PHARMACEUTICAL- 5 GRADE CANNABIS UNDER THIS ARTICLE. 6 PART 84 7 ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION 8 SEC. 8401. AS USED IN THIS PART: 9 (A) "DEBILITATING MEDICAL CONDITION" MEANS THAT TERM AS 10 DEFINED IN SECTION 3 OF THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 11 333.26423, AND INCLUDES DEBILITATING MEDICAL CONDITIONS 12 ESTABLISHED IN RULES PROMULGATED UNDER THE MICHIGAN MEDICAL 13 MARIHUANA ACT OR, IF APPLICABLE, UNDER THIS PART. 14 (B) "PHYSICIAN" MEANS THAT TERM AS DEFINED IN PART 170 OR 15 PART 175. 16 © "PHYSICIAN CERTIFICATION" MEANS A DOCUMENT SIGNED BY A 17 PHYSICIAN REGARDING A PATIENT THAT INCLUDES ALL OF THE FOLLOWING 18 INFORMATION: 19 (i) THE PATIENT'S DEBILITATING MEDICAL CONDITION AS DIAGNOSED 20 BY THE PHYSICIAN. 21 (ii) A STATEMENT THAT THE PATIENT IS UNDER THE REGULAR AND 22 CONTINUING CARE OF THE PHYSICIAN FOR THAT DEBILITATING MEDICAL 23 CONDITION. 24 (iii) IF THE PATIENT HAS NOT BEEN USING MEDICAL MARIHUANA 25 UNDER THAT PHYSICIAN'S CARE, A STATEMENT THAT, IN THE PHYSICIAN'S 26 PROFESSIONAL OPINION, THE PATIENT IS LIKELY TO RECEIVE 27 THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE USE OF PHARMACEUTICAL- 1 GRADE CANNABIS TO TREAT OR ALLEVIATE THE PATIENT'S DEBILITATING 2 MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE DEBILITATING 3 MEDICAL CONDITION. IF THE PATIENT HAS BEEN USING PHARMACEUTICAL- 4 GRADE CANNABIS UNDER THAT PHYSICIAN'S CARE, A STATEMENT THAT, IN 5 THE PHYSICIAN'S PROFESSIONAL OPINION, THE PATIENT HAS RECEIVED 6 THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE USE OF PHARMACEUTICAL- 7 GRADE CANNABIS TO TREAT OR ALLEVIATE THE PATIENT'S DEBILITATING 8 MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE DEBILITATING 9 MEDICAL CONDITION. 10 (iv) IF APPLICABLE, A STATEMENT AUTHORIZING OR LIMITING THAT 11 PATIENT'S ACTIVITIES AS DESCRIBED IN SECTION 8411. 12 SEC. 8403. NOTWITHSTANDING THE MICHIGAN MEDICAL MARIHUANA 13 ACT, THE DEPARTMENT SHALL ESTABLISH, IMPLEMENT, AND ADMINISTER A 14 PROCESS UNDER THIS PART TO ISSUE AN ENHANCED PHARMACEUTICAL-GRADE 15 CANNABIS REGISTRATION CARD TO AN ELIGIBLE PATIENT FOR THE USE OF 16 PHARMACEUTICAL-GRADE CANNABIS. AN INDIVIDUAL WHO IS ISSUED AN 17 ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD UNDER 18 THIS PART IS ENTITLED TO PURCHASE PHARMACEUTICAL-GRADE CANNABIS 19 UNDER THIS ARTICLE AND SHALL BE AFFORDED ALL OF THE PROTECTIONS 20 AND RIGHTS GIVEN A QUALIFYING PATIENT FOR THE MEDICAL USE OF 21 MARIHUANA UNDER SECTIONS 4 AND 6(G) AND (H)(1) OF THE MICHIGAN 22 MEDICAL MARIHUANA ACT, MCL 333.26424 AND 333.26426. 23 SEC. 8405. (1) THE DEPARTMENT MAY UTILIZE RULES PROMULGATED 24 UNDER SECTION 5 OF THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 25 333.26425, AND THE LIST OF DEBILITATING MEDICAL CONDITIONS 26 ESTABLISHED UNDER THE MICHIGAN MEDICAL MARIHUANA ACT AND THOSE 27 RULES, TO ADMINISTER THE ISSUANCE OF ENHANCED PHARMACEUTICAL- 1 GRADE CANNABIS REGISTRATION CARDS UNDER THIS PART. 2 (2) THE DEPARTMENT MAY UTILIZE RULES PROMULGATED UNDER 3 SECTION 5 OF THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26425, 4 REGARDING THE MANNER IN WHICH IT WILL CONSIDER APPLICATIONS FOR 5 AND RENEWALS OF ENHANCED PHARMACEUTICAL-GRADE CANNABIS 6 REGISTRATION CARDS AND TO ADMINISTER THE ISSUANCE OF ENHANCED 7 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARDS UNDER THIS PART. 8 SEC. 8407. (1) THE DEPARTMENT SHALL ISSUE AN ENHANCED 9 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD TO AN INDIVIDUAL 10 WHO IS AN ELIGIBLE PATIENT UNDER THIS PART IF THE INDIVIDUAL DOES 11 ALL OF THE FOLLOWING: 12 (A) SUBMITS ALL OF THE INFORMATION AND DOCUMENTATION 13 REQUIRED UNDER SECTION 6 OF THE MICHIGAN MEDICAL MARIHUANA ACT, 14 MCL 333.26426, TO THE DEPARTMENT. 15 (B) SUBMITS A PHYSICIAN CERTIFICATION TO THE DEPARTMENT. IF 16 THE ELIGIBLE PATIENT IS UNDER THE AGE OF 18, SUBMITS A PHYSICIAN 17 CERTIFICATION FROM 2 PHYSICIANS. 18 © SIGNS A WRITTEN STATEMENT CERTIFYING THAT THE ELIGIBLE 19 PATIENT WILL REMAIN UNDER THE REGULAR AND CONTINUING CARE OF A 20 PHYSICIAN AND AN ACKNOWLEDGMENT THAT THE ENHANCED PHARMACEUTICAL- 21 GRADE CANNABIS REGISTRATION CARD WILL BE REVOKED IF THE ELIGIBLE 22 PATIENT DOES NOT REMAIN UNDER THE REGULAR AND CONTINUING CARE OF 23 A PHYSICIAN. 24 (D) SUBMITS ANY OTHER INFORMATION TO THE DEPARTMENT THAT THE 25 DEPARTMENT DETERMINES IS NECESSARY TO ADMINISTER THE ISSUANCE OF 26 ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARDS UNDER 27 THIS PART. 1 (2) THE DEPARTMENT SHALL PROVIDE FOR THE AUTOMATIC 2 REVOCATION OF AN ENHANCED PHARMACEUTICAL-GRADE CANNABIS 3 REGISTRATION CARD UNDER THIS PART UNLESS THE ELIGIBLE PATIENT 4 SUBMITS A PHYSICIAN CERTIFICATION ON OR BEFORE THE EXPIRATION OF 5 60 DAYS AFTER THE DATE THE FIRST ENHANCED PHARMACEUTICAL-GRADE 6 CANNABIS REGISTRATION CARD IS ISSUED TO THAT ELIGIBLE PATIENT 7 UNDER THIS PART AND ON OR BEFORE THE EXPIRATION OF EVERY 8-MONTH 8 PERIOD AFTER THAT DATE. 9 (3) AN ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION 10 CARD ISSUED UNDER THIS PART IS REVOKED IF THE DEPARTMENT RECEIVES 11 NOTIFICATION FROM A PHYSICIAN WHO SIGNED A PHYSICIAN 12 CERTIFICATION WITH REGARD TO AN ELIGIBLE PATIENT THAT STATES THAT 13 THE PATIENT HAS CEASED TO SUFFER FROM A DEBILITATING MEDICAL 14 CONDITION AND THE DEPARTMENT NOTIFIES THE INDIVIDUAL WHO HOLDS 15 THE ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD OF 16 THAT REVOCATION. 17 SEC. 8409. (1) THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL 18 LIST OF THE INDIVIDUALS TO WHOM THE DEPARTMENT HAS ISSUED 19 ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARDS UNDER 20 THIS PART. INDIVIDUAL NAMES AND OTHER IDENTIFYING INFORMATION ON 21 THE LIST IS CONFIDENTIAL AND IS EXEMPT FROM DISCLOSURE UNDER THE 22 FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246. 23 (2) THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL 24 WHETHER AN ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION 25 CARD IS VALID, WITHOUT DISCLOSING MORE INFORMATION THAN IS 26 REASONABLY NECESSARY TO VERIFY THE AUTHENTICITY OF THAT AN 27 ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD. 1 (3) A PERSON, INCLUDING ANY EMPLOYEE OR OFFICIAL OF THE 2 DEPARTMENT OR ANOTHER STATE AGENCY OR LOCAL UNIT OF GOVERNMENT, 3 WHO DISCLOSES CONFIDENTIAL INFORMATION IN VIOLATION OF THIS PART 4 IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT 5 MORE THAN 180 DAYS OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH. 6 NOTWITHSTANDING THIS PROVISION, DEPARTMENT EMPLOYEES MAY NOTIFY 7 LAW ENFORCEMENT PERSONNEL ABOUT FALSIFIED OR FRAUDULENT 8 INFORMATION SUBMITTED TO THE DEPARTMENT UNDER THIS PART. 9 SEC. 8410. (1) A PHARMACEUTICAL-GRADE CANNABIS LICENSED 10 FACILITY SHALL NOT SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL- 11 GRADE CANNABIS EXCEPT AS PROVIDED IN THIS SECTION. 12 (2) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL 13 NOT SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL-GRADE CANNABIS 14 DIRECTLY TO THE PUBLIC. 15 (3) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL 16 NOT SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL-GRADE CANNABIS TO 17 THE PUBLIC THROUGH A PERSON OR ANY ENTITY OWNED, OPERATED, OR 18 CONTROLLED BY THAT PHARMACEUTICAL-GRADE CANNABIS LICENSED 19 FACILITY, OTHER THAN A PERSON OR ENTITY DESCRIBED IN SUBSECTION 20 (4) OR (5). 21 (4) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY MAY 22 SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL-GRADE CANNABIS TO A 23 PRACTITIONER OR PRESCRIBER AS THOSE TERMS ARE DEFINED IN SECTION 24 7109 FOR SALE OR DISTRIBUTION TO THE PUBLIC ONLY AS PROVIDED IN 25 THIS ARTICLE. 26 (5) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY MAY 27 SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL-GRADE CANNABIS TO 1 OTHER PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES FOR 2 PURPOSES PROVIDED FOR UNDER THIS ARTICLE. 3 SEC. 8411. (1) THE SALE, PURCHASE, AND USE OF 4 PHARMACEUTICAL-GRADE CANNABIS IS ALLOWED IN THIS STATE TO THE 5 EXTENT THAT THEY ARE CARRIED OUT IN COMPLIANCE WITH THIS ARTICLE. 6 AN ELIGIBLE PATIENT MAY ACQUIRE, POSSESS, AND USE PHARMACEUTICAL- 7 GRADE CANNABIS AS PRESCRIBED IN THIS ARTICLE UNDER A VALID 8 ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD. 9 (2) A PHYSICIAN MAY INCLUDE IN A STATEMENT THAT IS A PART OF 10 HIS OR HER PHYSICIAN CERTIFICATION UNDER THIS PART ANY LIMITATION 11 ON THAT PATIENT'S ACTIVITIES WHILE USING PHARMACEUTICAL-GRADE 12 CANNABIS. 13 (3) AN EMPLOYER SHALL NOT TAKE ANY RETALIATORY OR ADVERSE 14 PERSONNEL ACTION AGAINST AN EMPLOYEE WHO IS AN ELIGIBLE PATIENT 15 OR AN APPLICANT FOR EMPLOYMENT WHO IS AN ELIGIBLE PATIENT ON THE 16 BASIS OF THE ELIGIBLE PATIENT'S EXERCISE OF OR ATTEMPT TO 17 EXERCISE HIS OR HER RIGHTS UNDER THIS ARTICLE WITH RESPECT TO THE 18 USE OF PHARMACEUTICAL-GRADE CANNABIS. 19 SEC. 8413. (1) THIS ARTICLE DOES NOT AUTHORIZE AN INDIVIDUAL 20 TO DO ANY OF THE FOLLOWING: 21 (A) UNDERTAKE ANY TASK WHILE USING PHARMACEUTICAL-GRADE 22 CANNABIS IF DOING SO WOULD CONSTITUTE NEGLIGENCE OR PROFESSIONAL 23 MALPRACTICE. 24 (B) POSSESS OR USE PHARMACEUTICAL-GRADE CANNABIS AS FOLLOWS: 25 (i) IN A SCHOOL BUS. 26 (ii) ON THE GROUNDS OF A PUBLIC OR PRIVATE ELEMENTARY SCHOOL, 27 SECONDARY SCHOOL, PRESCHOOL, OR DAY CARE CENTER. 1 (iii) IN ANY CORRECTIONAL FACILITY. 2 © SMOKE PHARMACEUTICAL-GRADE CANNABIS ON ANY FORM OF 3 PUBLIC TRANSPORTATION, IN ANY PUBLIC PLACE WHERE SMOKING IS 4 PROHIBITED UNDER PART 126, OR AT A FOOD SERVICE ESTABLISHMENT 5 WHERE SMOKING IS PROHIBITED UNDER PART 129. 6 (D) OPERATE, NAVIGATE, OR BE IN ACTUAL PHYSICAL CONTROL OF A 7 MOTOR VEHICLE, AIRCRAFT, OR MOTORBOAT WHILE USING PHARMACEUTICAL- 8 GRADE CANNABIS. 9 (E) USE MARIHUANA IF THAT INDIVIDUAL DOES NOT HAVE A 10 DEBILITATING MEDICAL CONDITION. 11 (2) THIS ARTICLE DOES NOT REQUIRE ANY OF THE FOLLOWING: 12 (A) A GOVERNMENT MEDICAL ASSISTANCE PROGRAM OR A COMMERCIAL 13 INSURER, HEALTH MAINTENANCE ORGANIZATION, NONPROFIT HEALTH CARE 14 CORPORATION, OR OTHER THIRD PARTY PAYER TO REIMBURSE AN 15 INDIVIDUAL FOR COSTS ASSOCIATED WITH THE USE OF PHARMACEUTICAL- 16 GRADE CANNABIS. 17 (B) EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 8411, AN 18 EMPLOYER TO ACCOMMODATE THE CONSUMPTION OF PHARMACEUTICAL-GRADE 19 CANNABIS IN ANY WORKPLACE. 20 © UNLESS OTHERWISE AUTHORIZED IN THE MANNER PROVIDED FOR 21 IN SECTION 8411, AN EMPLOYER TO ACCOMMODATE AN EMPLOYEE WORKING 22 WHILE UNDER THE INFLUENCE OF PHARMACEUTICAL-GRADE CANNABIS. 23 SEC. 8415. A PERSON WHO MAKES A FRAUDULENT REPRESENTATION TO 24 A LAW ENFORCEMENT OFFICIAL REGARDING ANY FACT OR CIRCUMSTANCE 25 RELATING TO THE USE OF PHARMACEUTICAL-GRADE CANNABIS TO AVOID 26 ARREST OR PROSECUTION IS RESPONSIBLE FOR A STATE CIVIL INFRACTION 27 AND MAY BE FINED NOT MORE THAN $500.00, WHICH SHALL BE IN 1 ADDITION TO ANY OTHER PENALTIES THAT MAY APPLY FOR MAKING A FALSE 2 STATEMENT TO A LAW ENFORCEMENT OFFICIAL OR FOR THE UNLAWFUL USE 3 OF MARIHUANA. 4 PART 85 5 ENFORCEMENT 6 SEC. 8501. (1) THE DEPARTMENT SHALL ENFORCE THIS ARTICLE AND 7 SHALL CONDUCT ANNUAL INSPECTIONS OF PHARMACEUTICAL-GRADE CANNABIS 8 LICENSED FACILITIES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF 9 THIS ARTICLE. 10 (2) UPON A FINDING THAT AN EMERGENCY EXISTS REQUIRING 11 IMMEDIATE ACTION TO PROTECT THE PUBLIC HEALTH, SAFETY, AND 12 WELFARE, THE DEPARTMENT MAY ISSUE AN ORDER, WITHOUT NOTICE OR 13 HEARING, RECITING THE EXISTENCE OF THE EMERGENCY AND PROVIDING 14 FOR THE PROTECTION OF PUBLIC HEALTH, SAFETY, AND WELFARE. 15 NOTWITHSTANDING THIS ACT OR THE ADMINISTRATIVE PROCEDURES ACT OF 16 1969, THE ORDER SHALL BE EFFECTIVE IMMEDIATELY. A PERSON TO WHOM 17 THE ORDER IS DIRECTED SHALL COMPLY IMMEDIATELY BUT, ON 18 APPLICATION TO THE DEPARTMENT, SHALL BE AFFORDED A HEARING WITHIN 19 15 DAYS. ON THE BASIS OF THE HEARING, THE EMERGENCY ORDER SHALL 20 BE CONTINUED, MODIFIED, OR REVOKED NOT LATER THAN 30 DAYS AFTER 21 THE HEARING. 22 SEC. 8503. (1) IN ADDITION TO ANY OTHER PENALTIES PRESCRIBED 23 OR REMEDIES PROVIDED IN THIS ARTICLE, THE DEPARTMENT MAY, ON ITS 24 OWN MOTION OR ON RECEIPT OF A COMPLAINT, AND AFTER AN 25 INVESTIGATION AND PUBLIC HEARING AT WHICH THE PHARMACEUTICAL- 26 GRADE CANNABIS LICENSED FACILITY LICENSEE IS AFFORDED AN 27 OPPORTUNITY TO BE HEARD, SUSPEND OR REVOKE A FACILITY LICENSE 1 ISSUED UNDER THIS ARTICLE. THE DEPARTMENT MAY SUSPEND OR REVOKE A 2 LICENSE FOR ANY VIOLATION BY THE LICENSEE, A BOARD MEMBER, AN 3 AGENT, OR AN EMPLOYEE OF THE LICENSED FACILITY OR OF ANY OF THE 4 TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE ISSUED BY THE 5 DEPARTMENT. THE DEPARTMENT MAY ADMINISTER OATHS AND ISSUE 6 SUBPOENAS TO REQUIRE THE PRESENCE OF PERSONS AND THE PRODUCTION 7 OF PAPERS, BOOKS, AND RECORDS NECESSARY TO THE DETERMINATION OF 8 ANY HEARING THAT THE DEPARTMENT IS AUTHORIZED TO CONDUCT. 9 (2) THE DEPARTMENT SHALL PROVIDE NOTICE OF SUSPENSION OR 10 REVOCATION, AS WELL AS ANY REQUIRED NOTICE OF A HEARING, BY 11 MAILING THE SAME IN WRITING TO THE LICENSED FACILITY AT THE 12 ADDRESS CONTAINED IN THE LICENSE. A SUSPENSION SHALL NOT BE FOR A 13 LONGER PERIOD THAN 6 MONTHS. IF A LICENSE IS SUSPENDED OR 14 REVOKED, NO PART OF THE FEES PAID FOR THE LICENSE UNDER THIS 15 ARTICLE SHALL BE RETURNED TO THE LICENSEE. THE DEPARTMENT MAY 16 SUMMARILY SUSPEND A LICENSE WITHOUT NOTICE PENDING ANY 17 PROSECUTION, INVESTIGATION, OR PUBLIC HEARING. NOTHING IN THIS 18 SECTION SHALL PREVENT THE SUMMARY SUSPENSION OF A LICENSE FOR A 19 TEMPORARY PERIOD OF NOT MORE THAN 15 DAYS. 20 (3) IF A DECISION OF THE DEPARTMENT SUSPENDING A FACILITY 21 LICENSE FOR 14 DAYS OR LESS BECOMES FINAL, WHETHER BY FAILURE OF 22 THE LICENSEE TO APPEAL THE DECISION OR BY EXHAUSTION OF ALL 23 APPEALS AND JUDICIAL REVIEW, THE LICENSEE MAY, BEFORE THE 24 OPERATIVE DATE OF THE SUSPENSION, PETITION FOR PERMISSION TO PAY 25 AN ADMINISTRATIVE FINE IN LIEU OF HAVING THE LICENSE SUSPENDED 26 FOR ALL OR PART OF THE SUSPENSION PERIOD. UPON THE RECEIPT OF THE 27 PETITION, THE DEPARTMENT MAY, IN ITS SOLE DISCRETION, STAY THE 1 PROPOSED SUSPENSION AND CAUSE ANY INVESTIGATION TO BE MADE THAT 2 IT CONSIDERS APPROPRIATE AND MAY, IN ITS SOLE DISCRETION, GRANT 3 THE PETITION IF THE DEPARTMENT DETERMINES THAT ALL OF THE 4 FOLLOWING REQUIREMENTS ARE MET: 5 (A) THE PUBLIC HEALTH, SAFETY, AND WELFARE WOULD NOT BE 6 IMPAIRED BY PERMITTING THE LICENSED FACILITY TO OPERATE DURING 7 THE PERIOD SET FOR SUSPENSION AND THE PAYMENT OF THE 8 ADMINISTRATIVE FINE WILL ACHIEVE THE DESIRED DISCIPLINARY 9 PURPOSES. 10 (B) THE BOOKS AND RECORDS OF THE LICENSED FACILITY ARE KEPT 11 IN SUCH A MANNER THAT THE LOSS OF SALES THAT THE LICENSEE WOULD 12 HAVE SUFFERED HAD THE SUSPENSION GONE INTO EFFECT CAN BE 13 DETERMINED WITH REASONABLE ACCURACY. 14 © THE LICENSED FACILITY HAS NOT HAD ITS LICENSE SUSPENDED 15 OR REVOKED OR RECEIVED A SUSPENSION STAYED BY PAYMENT OF AN 16 ADMINISTRATIVE FINE, DURING THE 2 YEARS IMMEDIATELY PRECEDING THE 17 DATE OF THE MOTION OR COMPLAINT THAT HAS RESULTED IN A FINAL 18 DECISION TO SUSPEND THE LICENSE. 19 (4) THE DEPARTMENT SHALL ESTABLISH THE ADMINISTRATIVE FINE 20 IN LIEU OF SUSPENSION UNDER SUBSECTION (3) AT AN AMOUNT OF NOT 21 LESS THAN $500.00 OR MORE THAN $1,000.00. THE LICENSED FACILITY 22 SHALL PAY THE ADMINISTRATIVE FINE IN LIEU OF SUSPENSION UNDER 23 SUBSECTION (3) IN THE FORM OF CASH OR IN THE FORM OF A CERTIFIED 24 CHECK OR CASHIER'S CHECK MADE PAYABLE TO THE STATE OF MICHIGAN. 25 UPON PAYMENT OF THE ADMINISTRATIVE FINE IN LIEU OF SUSPENSION 26 UNDER SUBSECTION (3), THE DEPARTMENT SHALL ENTER ITS FURTHER 27 ORDER PERMANENTLY STAYING THE IMPOSITION OF THE SUSPENSION. FINES 1 COLLECTED UNDER THIS SUBSECTION SHALL BE DEPOSITED IN THE 2 PHARMACEUTICAL-GRADE CANNABIS FUND. 3 (5) IN CONNECTION WITH ANY PETITION UNDER SUBSECTION (3), 4 THE DEPARTMENT IS LIMITED TO THE GRANTING OF A STAY AS NECESSARY 5 FOR IT TO COMPLETE ITS INVESTIGATION AND MAKE ITS FINDINGS AND, 6 IF IT MAKES ANY FINDINGS, TO THE GRANTING OF AN ORDER PERMANENTLY 7 STAYING THE IMPOSITION OF THE ENTIRE SUSPENSION OR THAT PORTION 8 OF THE SUSPENSION NOT OTHERWISE CONDITIONALLY STAYED. IF THE 9 DEPARTMENT DOES NOT MAKE THE FINDINGS REQUIRED IN SUBSECTION (3) 10 AND DOES NOT ORDER THE SUSPENSION PERMANENTLY STAYED, THE 11 SUSPENSION SHALL GO INTO EFFECT ON THE OPERATIVE DATE FINALLY SET 12 BY THE DEPARTMENT. 13 SEC. 8505. IN ANY HEARING HELD BY THE DEPARTMENT UNDER THIS 14 ARTICLE, A PERSON SHALL NOT REFUSE, UPON REQUEST OF THE 15 DEPARTMENT, TO TESTIFY OR PROVIDE OTHER INFORMATION ON THE 16 GROUNDS OF SELF-INCRIMINATION. ANY TESTIMONY OR OTHER INFORMATION 17 PRODUCED IN THE HEARING AND ANY INFORMATION DIRECTLY OR 18 INDIRECTLY DERIVED FROM THE TESTIMONY OR OTHER INFORMATION SHALL 19 NOT BE USED AGAINST THE PERSON IN ANY CRIMINAL PROSECUTION BASED 20 ON A VIOLATION OF THIS ARTICLE EXCEPT A PROSECUTION FOR PERJURY 21 COMMITTED WHILE TESTIFYING. CONTINUED REFUSAL TO TESTIFY OR 22 PROVIDE OTHER INFORMATION IS GROUNDS FOR THE SUSPENSION OR 23 REVOCATION OF A LICENSE OR REGISTRATION CARD ISSUED UNDER THIS 24 ARTICLE. 25 SEC. 8507. THE OWNER, OPERATOR, OR AGENT OF A 26 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY WHO KNOWINGLY 27 VIOLATES THIS ARTICLE OR WHO ESTABLISHES OR OPERATES A 1 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY IN VIOLATION OF 2 THIS ARTICLE IS GUILTY OF A CRIME AS FOLLOWS: 3 (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND ©, THE 4 PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR 5 NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $10,000.00, OR 6 BOTH. 7 (B) EXCEPT AS PROVIDED IN SUBDIVISION ©, IF THE PERSON HAS 8 1 PRIOR CONVICTION FOR VIOLATING THIS ARTICLE, THE PERSON IS 9 GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE 10 THAN 180 DAYS OR A FINE OF NOT MORE THAN $50,000.00, OR BOTH. 11 © IF THE PERSON HAS 2 OR MORE PRIOR CONVICTIONS FOR 12 VIOLATING THIS ARTICLE, OR INTENTIONALLY VIOLATES THIS ARTICLE, 13 THE PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT 14 FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $100,000.00, 15 OR BOTH. 16 SEC. 8509. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A 17 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY THAT HAS BEEN 18 ISSUED A LICENSE UNDER THIS ARTICLE, OR ANY OWNER, OPERATOR, 19 OFFICER, DIRECTOR, PARTNER, MEMBER, MANAGER, OR EMPLOYEE OF THE 20 LICENSED FACILITY, IS NOT SUBJECT TO ARREST, PROSECUTION, OR 21 PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, 22 INCLUDING, BUT NOT LIMITED TO, CIVIL PENALTY OR DISCIPLINARY 23 ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING 24 BOARD OR BUREAU, FOR THE CULTIVATION, DISTRIBUTION, AND SALE OF 25 PHARMACEUTICAL-GRADE CANNABIS UNDER THIS ARTICLE FOR USE BY 26 QUALIFYING PATIENTS IN THE MANNER PRESCRIBED IN THE MICHIGAN 27 MEDICAL MARIHUANA ACT AND BY ELIGIBLE PATIENTS IN THE MANNER 1 PRESCRIBED IN THIS ARTICLE. 2 SEC. 8511. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A 3 LOCAL GOVERNMENTAL UNIT SHALL NOT ENACT OR ENFORCE AN ORDINANCE 4 REGARDING PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES. A 5 LOCAL GOVERNMENTAL UNIT MAY LIMIT THE NUMBER OF PHARMACEUTICAL- 6 GRADE CANNABIS LICENSED FACILITIES THAT MAY OPERATE IN THE LOCAL 7 GOVERNMENTAL UNIT AND MAY ENACT REASONABLE ZONING REGULATIONS 8 APPLICABLE TO PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES 9 BASED ON LOCAL GOVERNMENT ZONING, HEALTH, AND SAFETY LAWS FOR THE 10 CULTIVATION, DISTRIBUTION, AND SALE OF PHARMACEUTICAL-GRADE 11 CANNABIS. 12 Enacting section 1. Sections 7335 and 7336 of the public 13 health code, 1978 PA 368, MCL 333.7335 and 333.7336, are 14 repealed. Edited October 19, 2012 by Willy Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 Bath salts protection ala state run dispensary bill. Kuepers Type end run. Quote Link to comment Share on other sites More sharing options...
SFC Posted October 19, 2012 Report Share Posted October 19, 2012 I doubt it will have any chance at all heading into lame duck. Quote Link to comment Share on other sites More sharing options...
Willy Posted October 19, 2012 Author Report Share Posted October 19, 2012 (edited) I dont think they missed a single drug,, how ever i see that they mention schedule 2 for MMJ.. state not fed? Lame duck is the best time, there leaving what do they care.. pass it and leave.. Edited October 19, 2012 by Willy Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 Pharmaceutical grade means that the FDA had to have approved it. If a drug hasn't yet been approved as "safe and effective" by the FDA, no matter how promising the current scientific evidence or dire need of the patient, the patient is denied access to the medicine. So this will not help a dispensary(I hope they understand that part). Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 I bet the dispensary folks thought they could just have their lab guy say it's pharmceutical grade. Nope. What our republican pals here have done is write something that protects the medical cannabis patients of Michigan from anything that hasn't been approved by the FDA. Quote Link to comment Share on other sites More sharing options...
I wood Posted October 19, 2012 Report Share Posted October 19, 2012 I dont think they missed a single drug,, how ever i see that they mention schedule 2 for MMJ.. state not fed? Lame duck is the best time, there leaving what do they care.. pass it and leave.. DPT is missing.Possibly because the Church of Light won the right to use it as sacrament, in a New York case, I believe. If that passes hundreds of ornamental plants could land you in jail. Wide open for selective enforcement. Any florist could be arrested. Scary sh@t. Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 This is a Senate companion bill to HB 5681, previously introduced in the House, initiated by Prairie Plant Systems, a Canadian company that wants to provide medical marijuana to the patients in Michigan. Callton, one of the cosponsors, has claimed that this is a possible direction only under a federal rescheduling scenario, but Jones apparently wants to address this before the end of session. The dispensaries do see this as conceptual competition to HB 5580. Dumb Canadians then. How many pharmaceutical grade cannabis drugs are there(FDA approved)? The stuff you grow sure is not. How can they be so ignorant? Quote Link to comment Share on other sites More sharing options...
Northern Lab Posted October 19, 2012 Report Share Posted October 19, 2012 Dumb Canadians then. How many pharmaceutical grade cannabis drugs are there(FDA approved)? The stuff you grow sure is not. How can they be so ignorant? Well, they do want to grow cannabis for literally everyone in a dark, dank hole in the ground in the UP. How bright can they really be? Quote Link to comment Share on other sites More sharing options...
Willy Posted October 19, 2012 Author Report Share Posted October 19, 2012 Dumb Canadians then. How many pharmaceutical grade cannabis drugs are there(FDA approved)? The stuff you grow sure is not. How can they be so ignorant? I like to believe that the cannabis i produce is a pharmaceutical grade. NO bugs, sprays or insecticides, organically grown.. what more you need.. a licence? "being sarcastic" Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 Well, they do want to grow cannabis for literally everyone in a dark, dank hole in the ground in the UP. How bright can they really be? Exactly. I was just writing something like that. Maybe they are brighter than you think. Bait and switch to get Sativex in the door. They are trying to fool us. They might want to put a lab in the mine to make Sativex. That makes more sense. Quote Link to comment Share on other sites More sharing options...
peanutbutter Posted October 19, 2012 Report Share Posted October 19, 2012 LOL should I ask for another bill? How about making topicals completely legal for everyone? Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 LOL should I ask for another bill? How about making topicals completely legal for everyone? Ask the FDA. Your stuff sure isn't pharmaceutical grade. How much do you think Sativex spent to get it passed pharmaceutical grade? You feeling rich today? Quote Link to comment Share on other sites More sharing options...
peanutbutter Posted October 19, 2012 Report Share Posted October 19, 2012 Still trying to figure out that research fund ... Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 Goldman Sachs invested(at least) 500 million in Sativex. Quote Link to comment Share on other sites More sharing options...
Willy Posted October 19, 2012 Author Report Share Posted October 19, 2012 Goldman Sachs invested(at least) 500 million in Sativex. Mere pocket change .. need to borrow a few mil, likely got it in my pocket here.. lol Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 LOL should I ask for another bill? How about making topicals completely legal for everyone? BOOM. Sativex already has it covered. It's called Actikeral. You are soooo too late pb. http://investors.almirall.es/External.File?t=2&item=g7rqBLVLuv81UAmrh20Mp6CZmBeGOJzXEOBe9WdjWFMm0KSVMY0y33nzTTs57n++OGvB4UfyPjIPxTQ8Nn1wyA== Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 Mere pocket change .. need to borrow a few mil, likely got it in my pocket here.. lol Not needing it now.... Because they have marketed Sativex in .... wait for it..... CANADA. Quote Link to comment Share on other sites More sharing options...
Willy Posted October 19, 2012 Author Report Share Posted October 19, 2012 Error on Page Invalid File request. Invalid security token Quote Link to comment Share on other sites More sharing options...
Northern Lab Posted October 19, 2012 Report Share Posted October 19, 2012 Sure would like to get my hands on some sativex. We could be infringing on their patents in no time. Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 It is a way for them to use the MMMA money to implement this new program. They can take funds from the MMMA fund (also created by Jones in his amendments to HB 4834) to help implement their new crazy schedule II card program. I am not sure why you see that as a research fund of any sort... And that is why Jones wants the money to stay in the MMMA program. Filthy animal. Quote Link to comment Share on other sites More sharing options...
Willy Posted October 19, 2012 Author Report Share Posted October 19, 2012 Soooo when was this put out , i never found it till today? Quote Link to comment Share on other sites More sharing options...
Willy Posted October 19, 2012 Author Report Share Posted October 19, 2012 And that is why Jones wants the money to stay in the MMMA program. Filthy animal. And on that note how is the MMMA fund being collected in Indianna.. never have heard a viable reason for that?? Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 19, 2012 Report Share Posted October 19, 2012 Remembering some legislative history here, Callton carried Jones's SB 17 (the "marijuana bar" bill) into the House by way of HB 4397, and now Jones appears to be carrying LeBlanc's HB 5681 (cosponsored by Callton) into the Senate. Famous Republican Rep. (Horn)Quote; "It's all in the timing." Quote Link to comment Share on other sites More sharing options...
Medcnman Posted October 19, 2012 Report Share Posted October 19, 2012 And on that note how is the MMMA fund being collected in Indianna.. never have heard a viable reason for that?? If your talking about the stamp on your check, its just a processing center. Mm Quote Link to comment Share on other sites More sharing options...
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