Cbs: 83% Now Accept Mmj. Up From 77% Last Year.

[peanutbutter]

Return to "Third Reading" items

[peanutbutter]

mmj bills just moved to the top.

[peanutbutter]

They are in the next cluster to be voted on.

[peanutbutter]

Don't miss Planet Green Trees tonight for comments on the votes today.

 

Thursday night 12/13 810pm www.planetgreentrees.com

or 347-326-9626

 

Hosted by Michael Komorn and Chad from Birmingham Compassion

 

Guests include Mark Cooke, Drug Policy Advocate for Washington ACLU who worked with Alison Holcomb on the legalization campaign and victory in Washington state.

 

Also, our own Chuck Ream and Tim

Beck will be on to discuss the local initiatives effort for 2013 in Michigan and the meeting of the serious activists participating, from around the state, in Lansing on December 16th.

 

In addition, Michael Krawitz founding director of Veterans for Medical Cannabis will join us to discuss his organization, the effort in Michigan to add PTSD to the list of qualifying conditions for medical marijuana patients and on being a plaintiff for the Federal ASA rescheduling case.

Edited December 13, 2012 by peanutbutter

[peanutbutter]

The magic number needed to pass at a 75% yes is 29.

 

Less that 29 yes votes and they fail to change the law.

[peanutbutter]

Party line votes seem to fall 26 to 12.

 

If 100% of the democrats vote no we win.

[peanutbutter]

They are currently voting on item #11. I believe 12 is next and then the first of the mmj bills.

[peanutbutter]

skipped again?

[peanutbutter]

NOW

[mibrains]

4853 just passed...

[peanutbutter]

4853 passed AMENDED. goes to the house for vote.

 

Amendment allows the effective date to be April 1

[peanutbutter]

4856 100% yes vote.

[mibrains]

4834 is up

[peanutbutter]

4834 FAILS

[mibrains]

FAIL

nice...

[peanutbutter]

4851 pass .. no vote

[mibrains]

4851 - passed no vote

[peanutbutter]

Sooo .. trunk it if you got a trunk ..

[+washtenaut]

there was some extra activity surrounding 4834. It failed but then was put up for some sort of re-consideration. It is not dead yet I don't believe.

[mibrains]

its dead

they re-voted on consideration and killed it twice... i think

[peanutbutter]

there was some extra activity surrounding 4834. It failed but then was put up for some sort of re-consideration. It is not dead yet I don't believe.

 

Yes it is dead ..

 

The motion was to double check the vote on the bill. A re-vote could be forced with the exact same results. FAIL

 

50% for revote, 75% to pass.

 

It's dead.

Edited December 13, 2012 by peanutbutter

[peanutbutter]

We still have the pending Senate bills on the agenda.

[mibrains]

that was the 2 year card bill.. so of course they killed that one....

 

it's back...

what are they doing

[peanutbutter]

They shifted to "House Messages."

 

Skipping the pending Senate mmj bills?

[mibrains]

PASS

House Bill 4853 (Substitute H-1 as reported by the Committee of the Whole)

Sponsor: Representative Ed McBroom

House Committee: Judiciary

Senate Committee: Judiciary

CONTENT

The bill would amend the Code of Criminal Procedure to include a violation of the Michigan Medical Marihuana Act (MMMA) in the sentencing guidelines.

Under the MMMA, if a registered qualifying patient or registered primary caregiver sells marihuana to someone who is not allowed to use marihuana for medical purposes under the Act, the patient's or caregiver's registry identification card must be revoked and the person is guilty of a felony punishable by up to two years' imprisonment and/or a maximum fine of $2,000. The penalty is in addition to any other penalties for the distribution of marihuana.

Under the bill, selling marihuana in violation of registry identification card restrictions would be included in the sentencing guidelines as a Class G felony against the public trust, with a statutory maximum sentence of two years' imprisonment.

The bill would take effect on April 1, 2013.

 

 

PASS

House Bill 4856 (Substitute H-3 as reported by the Committee of the Whole)

Sponsor: Representative Ben Glardon

House Committee: Judiciary

Senate Committee: Judiciary

CONTENT

The bill would amend the Michigan Penal Code to restrict the transportation or possession of medical marihuana in or upon a vehicle designed for land travel.

Specifically, the bill would prohibit a person from transporting or possessing "usable marihuana", as defined in the Michigan Medical Marihuana Act (MMMA), in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana was enclosed in a case carried in the trunk of the vehicle. If the vehicle did not have a trunk, the marihuana would have to be enclosed in a case that was not readily accessible from the interior of the vehicle.

A violation of the bill would be a misdemeanor punishable by up to 93 days' imprisonment and/or a maximum fine of $500.

(The MMMA defines "usable marihuana" as the dried leaves and flowers of the marihuana plant, and any mixture or preparation of the dried leaves and flowers. The term does not include the seeds, stalks, or roots of the plant.)

The bill would take effect on April 1, 2013

 

 

on hold ?

House Bill 4851 (Substitute S-3 as reported by the Committee of the Whole)

Sponsor: Representative Philip M. Cavanagh

House Committee: Judiciary

Senate Committee: Judiciary

CONTENT

The bill would amend the Michigan Medical Marihuana Act to do the following:

-- Require a physician's written certification of a qualifying patient's debilitating medical condition to state that the physician completed a full assessment of the patient's medical history and current medical condition, including a relevant, in-person, medical evaluation.

-- Define "bona fide physician-patient relationship".

-- In the definition of "enclosed, locked facility" (where a qualifying patient or primary caregiver may keep cultivated marihuana plants), specify conditions for plants grown outdoors and include situations in which a vehicle could be an enclosed, locked facility.

-- Revise the definition of "primary caregiver" to refer to a person who had not been convicted of a felony within the past 10 years and had never been convicted of an "assaultive crime" as defined in a section of the Code of Criminal Procedure (MCL 770.9a).

-- Require a qualifying patient or primary caregiver to present both his or her registry identification card and a valid driver license or government-issued photo ID card, in order to be protected from arrest.

"Bona fide physician-patient relationship" would mean a treatment or counseling relationship between a physician and a patient in which the physician has reviewed the patient's relevant medical records and completed a full assessment of his or her medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient; the physician has created and maintained records of the patient's condition in accord with medically accepted standards; the physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient's debilitating medical condition; and, if the patient has given permission, the physician has notified the patient's primary care physician of the medical marihuana certification.

(The Act authorizes the Department of Licensing and Regulatory Affairs to issue a registry identification card to a qualifying patient who submits a written certification, a fee, and specified information. The Department also may issue a registry identification card to a primary caregiver, who may assist with a patient's medical use of marihuana. A patient or caregiver who possesses a registry ID card is not subject to arrest, prosecution, or penalty for the medical use of marihuana if the amount does not exceed quantities specified in the Act and the possession and use of marihuana meet specified standards. Also, a physician is not subject to arrest, prosecution, or penalty solely for providing a written certification in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the qualifying patient's medical history, or for otherwise stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana.)

The bill would take effect on April 1, 2013.

 

FAIL

House Bill 4834 (Substitute S-5 as reported by the Committee of the Whole)

Sponsor: Representative Gail Haines

House Committee: Judiciary

Senate Committee: Judiciary

CONTENT

The bill would amend the Michigan Medical Marihuana Act to do the following:

-- Require an applicant for a registry ID card to submit proof of Michigan residency by providing a copy of a driver license, State ID card, or voter registration.

-- Require the Department of Licensing and Regulatory Affairs (LARA) to issue a registry ID card within five business days of approving an application or renewal (rather than within five days.)

-- Provide that a registry ID card would expire two years, rather than one year, after it was issued.

-- Authorize LARA to contract with a private entity to assist the Department in processing and issuing registry ID cards.

-- Require LARA, within six months after the bill's effective date, to establish a review panel that would review petitions to approve medical conditions or treatments for addition to the Act's list of debilitating medical conditions for which a qualifying patient may be issued a registry ID card.

-- Require the review panel to meet at least twice per year to review and make recommendations to LARA concerning any submitted petitions that were completed and included documentation required by administrative rule.

-- Require a majority of the review panel members to be licensed physicians.

-- Create the "Michigan Medical Marihuana Fund" and require all fees collected under the Act to be deposited into the Fund.

-- Require LARA to spend money from the proposed Fund, upon appropriation, for the operation and oversight of the Michigan medical marihuana program.

MCL 333.26426 Legislative Analyst: Patrick Affholter

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on the Department of Licensing and Regulatory Affairs.

The bill would allow LARA to enter into a contract with a private contractor to assist with processing and issuing identification cards. In 2010, the Department of Community Health (DCH) performed a study that concluded that using a contractor for these services would not be likely to save any money. The DCH report concluded that the costs of outsourcing the processing and issuance portions of the medical marihuana program (MMP) would exceed the savings by approximately $200,000 to $1.2 million. Since the bill would merely allow LARA to enter into a contract for assistance with processing and issuance of identification cards, this provision of the bill would likely produce no additional costs, but could generate some savings, if the DCH estimates are not correct.

Page 2 of 2 Bill Analysis @ www.senate.michigan.gov/sfa hb4834/1112

The bill also would require LARA to appoint a panel that would review petitions to add medical conditions to the list of conditions approved for the MMP. The Department would likely have to provide administrative support to the panel, which would introduce some new, but likely small, administrative costs. The costs could be borne by the current surplus in medical marihuana program fees.

Finally, the bill would extend the period that MMP identification cards are valid from one year to two years. This would have the effect of reducing the amount of work for the Bureau of Health Professions as well as reducing the amount of application fee revenue received. Currently, the MMP is running a budget surplus; the balance at the end of FY 2010-11 was $12.5 million, and the estimated balance for the end of FY 2011-12 is $16.7 million. Reducing the amount of revenue to and expenditures from the MMP would serve to reduce the rate at which this surplus grows. The application fees, which are the revenue source for the MMP, may be used only for the administration of the program. Currently, no statutory fund exists to contain the revenue from MMP application fees. The bill would create the Michigan Medical