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House And Senate Voted To Amend The Act Last Night


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can someone post links to the 4 bills that passed showing the new content?

 

 

It is no wonder the American public in general do NOT trust politicians or the political system.

 

i personally heard them vote 4834 dead...

 

twice...

 

and i wake up this morning and it along with 4851 has been approved...

 

i didn't wanna believe it..

 

i have lost faith in our political system

 

i watched them ramrod a hundred bills it seems like yesterday through their "system"

 

i profess in capitol letters

 

THE AMERICAN POLITICAL SYSTEM IS ABSOLUTELY BROKE BROKE BROKEN

 

our forefathers are rolling in their graves...

 

i was ok with it all when they voted live.(not that i support it but i understand the way it is supposed to work)

 

we watched live as the 2 bills passed and then 4834 failed and 4851 was.... (weirdly lost)

 

i have spent the entire day today while at work trying to figure out where our political system went wrong..

 

from them running the bills through like herding cattle (a bunch of bills were voted and approved yesterday) to them voting on the floor.. and 4834 being shot down...TWICE.. to it being resurrected and resumed.. should ought 2 have to go back to committee or something when a vote is failed... not amended in a all-niter...

and then rammed through for political clout.

this seems borderline criminal to me...

 

Summary of the bills...

 

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

 

 

PASS (after hours)

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.

 

PASS (after hours)

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

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Thats me nutty ole Oz..... I do believe I said you have ZERO influence. I single you out because you are the one always telling us its ok and not that bad. Maybe ok for you and not that bad for you but for others not good and bad. The difference is that I dont like it and it doesnt even affect me but I care for my fellow patients and caregivers. So you are correct as nutty as ever.

 

Edited to add.... I am still waiting to hear how anything in these bills helps patients.

 

Yeah .. just relax and enjoy it.

 

What every victim is supposed to do.

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No they did not open the registry. The language in 4851 is actually less restrictive than what is on LARA's page right now. Plus in 4851 is the right to a jury trial. 4834, two year cards which benefits every caregiver and patient in Michigan. The rest of the stuff is mostly fluff and means nothing. These bills are but a shadow of what they started. Not only that but now the legislature cannot throw their hands up and say this is a terrible law THEY FIXED IT!

 

Did someone tell you they'll be satisfied with this?

 

What made you trust them? What made you trust that promise?

 

Who do we sue if, and when, they start the next round?

 

Was the promise in writing?

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Was the promise in writing? Do you think they would put any thing in writing

Come on Pb

 

Just trying to figure out why someone with reasonable intelligence would believe the promise ..

 

Sounds more like an election promise .. to be forgotten after the election.

 

I mean .. these are politicians we are talking about.

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By placing this felony wording in these bills politicians have put forth their beliefs that even though a person paid their debt to society they still do not deserve to live a normal life it just makes me want to throw up my felonys were property crimes from 1987-88 so im assuming my patient cards are not at risk but im sure they will try to find a way to screw me too. :butt2:

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By placing this felony wording in these bills politicians have put forth their beliefs that even though a person paid their debt to society they still do not deserve to live a normal life it just makes me want to throw up my felonys were property crimes from 1987-88 so im assuming my patient cards are not at risk but im sure they will try to find a way to screw me too. :butt2:

 

All felonies are life sentences.

 

Heck, even most misdemeanors are ..

Edited by peanutbutter
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From my reading of 4834 -

 

I knew that you had to send a copy of your ID with your application; I never noticed that these items were not asked for or mentioned in the law. The voter card is great, but a person would need to have a government issued ID to avoid arrest.

 

The change from calendar days to business days may add 2-3 days, but this should not be a hardship to anyone.

 

A 2-year card at the same price is good. This will save the patients money, and free up possible backlogs in processing. Honestly, my health situation won’t get better until I die.

 

No doubt, someone in the government is already set to win a no-bid contract to assist with the processing of ID cards.

 

The “Department” is already 4 years behind went voters wanted a review panel, so now a date of October 1, 2013 has been established.

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In reading 4851 -

 

I would hope that what is descripted as a "bona fide physician-patient relationship” is the type of service our ailing members are receiving.

 

It does not read that the certifying physician must notified the patient's primary care physician of the medical marihuana certification, but that with the patients’ permission, this can be done.

 

The outdoor grow for the most does not permit farms in urban and most suburban areas.

 

Why the transportation of live plants is listed as part of the "Enclosed, locked facility" is beyond me.

 

Those with a 10-year old felony are given a wash.

 

Since the marihuana card is without a photo, it makes sense that to avoid arrest one would need to also show a government ID to prove that they are the person named on the card.

 

I like the mention of forfeiture.

Edited by Ms Chocolate
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There is no guarantee they won't. But they now know we are a persistant lot and will hound the hell out of them. PB and the others can make something of nothing until they are blue in the face but the bottom line is these bills have been watered down amazingly. They know where the polls are on mmj and legalizing altogether. We have a new congress that is not quite as heavy on R's as they were. We will still see bills trying to make various changes to the law but I highly doubt any of them will be willing to devote the kind of bi-partisan time these bills took. Time will tell.

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i just wanted to say thank you to everyone for working to water those bills down.

 

i remember some of the early drafts were pretty bad. and if you looked at them, they could basically add or remove anything in one bill. there was no rhyme or reason for mixing and matching different parts of the bills together.

 

also, i told you so about them getting passed. theres no way they wanted to let any bill die when they had a majority.

it will be interesting to see how these near-total worthless changes affect how the senators call it a terrible law now.

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The section regarding outdoor growing is rediculous. I own the property for over 100 yards in any direction, and because someone can stand on a dirt road and just be able to see my facility would make it illegal? The plants are not distinguishable as marihuana at that distance, but of course people will know what they are.

 

the version of the bill i am reading refers to

"Marihuana plants ... if they are not visible to the unaided eye"

 

it just means if you have a greenhouse, it must have some window film to obscure the contents of the greenhouse. i would recommend putting film on the top of the greenhouse, dont want to get any satellite pictures of your grow showing up in google maps haha. you can get window film that allows enough light and even reflects heat when it gets too hot in the summer.

 

very easy...

this means i maybe able to grow outdoors next year. awesome. now if only my neighbors werent cunts.

Edited by t-pain
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excellent point...

 

butt hurt aside..

 

i too can grow cannabis outside under the god given energy of the natural sunlight...

 

so long as my neighbors cant see it from "ground level" or any permanent structure (so if you live next to a skyscraper your finished :) )

 

so long as its enclosed on all sides (including the top)

we are able to actually grow this god given plant outside under the power of the sun next year happily....

 

thank you...

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but more specifically

 

 

HB-4851, As Passed Senate, December 14, 2012

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4851

 

 

 

 

 

 

 

 

 

 

 

A bill to amend 2008 IL 1, entitled

 

"Michigan medical marihuana act,"

 

by amending sections 3, 4, and 8 (MCL 333.26423, 333.26424, and

 

333.26428).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

3. Definitions.

 

Sec. 3. As used in this act:

 

(a) "Bona fide physician-patient relationship" means a

 

treatment or counseling relationship between a physician and

 

patient in which all of the following are present:

 

(1) The physician has reviewed the patient's relevant medical

 

records and completed a full assessment of the patient's medical

 

history and current medical condition, including a relevant, in-

 

person, medical evaluation of the patient.

 

 

 

(2) The physician has created and maintained records of the

 

patient's condition in accord with medically accepted standards.

 

(3) 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.

 

(4) If the patient has given permission, the physician has

 

notified the patient's primary care physician of the patient's

 

debilitating medical condition and certification for the use of

 

medical marihuana to treat that condition.

 

(b) <s>(a) </s>"Debilitating medical condition" means 1 or more of

 

the following:

 

(1) Cancer, glaucoma, positive status for human

 

immunodeficiency virus, acquired immune deficiency syndrome,

 

hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,

 

agitation of Alzheimer's disease, nail patella, or the treatment of

 

these conditions.

 

(2) A chronic or debilitating disease or medical condition or

 

its treatment that produces 1 or more of the following: cachexia or

 

wasting syndrome; severe and chronic pain; severe nausea; seizures,

 

including but not limited to those characteristic of epilepsy; or

 

severe and persistent muscle spasms, including but not limited to

 

those characteristic of multiple sclerosis.

 

(3) Any other medical condition or its treatment approved by

 

the department, as provided for in section 5(a).6(k).

 

© <s>(b) </s>"Department" means the state department of community

<s> </s>

<s>health.</s>department of licensing and regulatory affairs.

 

 

 

(d) <s>© </s>"Enclosed, locked facility" means a closet, room, or

 

other comparable, stationary, and fully enclosed area equipped with

 

secured locks or other functioning security devices that permit

 

access only by a registered primary caregiver or registered

 

qualifying patient. Marihuana plants grown outdoors are considered

 

to be in an enclosed, locked facility if they are not visible to

 

the unaided eye from an adjacent property when viewed by an

 

individual at ground level or from a permanent structure and are

 

grown within a stationary structure that is enclosed on all sides,

 

except for the base, by chain-link fencing, wooden slats, or a

 

similar material that prevents access by the general public and

 

that is anchored, attached, or affixed to the ground; located on

 

land that is owned, leased, or rented by either the registered

 

qualifying patient or a person designated through the departmental

 

registration process as the primary caregiver for the registered

 

qualifying patient or patients for whom the marihuana plants are

 

grown; and equipped with functioning locks or other security

 

devices that restrict access to only the registered qualifying

 

patient or the registered primary caregiver who owns, leases, or

 

rents the property on which the structure is located. Enclosed,

 

locked facility includes a motor vehicle if both of the following

 

conditions are met:

 

(1) The vehicle is being used temporarily to transport living

 

marihuana plants from 1 location to another with the intent to

 

permanently retain those plants at the second location.

 

(2) An individual is not inside the vehicle unless he or she

 

is either the registered qualifying patient to whom the living

 

 

 

marihuana plants belong or the individual designated through the

 

departmental registration process as the primary caregiver for the

 

registered qualifying patient.

 

(e) <s>(d) </s>"Marihuana" means that term as defined in section 7106

 

of the public health code, 1978 PA 368, MCL 333.7106.

 

(f) <s>(e) </s>"Medical use" means the acquisition, possession,

 

cultivation, manufacture, use, internal possession, delivery,

 

transfer, or transportation of marihuana or paraphernalia relating

 

to the administration of marihuana to treat or alleviate a

 

registered qualifying patient's debilitating medical condition or

 

symptoms associated with the debilitating medical condition.

 

(g) <s>(f) </s>"Physician" means an individual licensed as a

 

physician under Part 170 of the public health code, 1978 PA 368,

 

MCL 333.17001 to 333.17084, or an osteopathic physician under Part

 

175 of the public health code, 1978 PA 368, MCL 333.17501 to

 

333.17556.

 

(h) <s>(g) </s>"Primary caregiver" or "caregiver" means a person who

 

is at least 21 years old and who has agreed to assist with a

 

patient's medical use of marihuana and who has never been convicted

<s> </s>

<s>of a felony involving illegal drugs.</s>not been convicted of any

 

felony within the past 10 years and has never been convicted of a

 

felony involving illegal drugs or a felony that is an assaultive

 

crime as defined in section 9a of chapter X of the code of criminal

 

procedure, 1927 PA 175, MCL 770.9a.

 

(i) <s>(h) </s>"Qualifying patient" or "patient" means a person who

 

has been diagnosed by a physician as having a debilitating medical

 

condition.

 

 

 

(j) <s>(i) </s>"Registry identification card" means a document issued

 

by the department that identifies a person as a registered

 

qualifying patient or registered primary caregiver.

 

(k) <s>(j) </s>"Usable marihuana" means the dried leaves and flowers

 

of the marihuana plant, and any mixture or preparation thereof, but

 

does not include the seeds, stalks, and roots of the plant.

 

(l) <s>(k) </s>"Visiting qualifying patient" means a patient who is

 

not a resident of this state or who has been a resident of this

 

state for less than 30 days.

 

(m) <s>(</s><s>l</s><s>) </s>"Written certification" means a document signed by a

 

physician, stating the all of the following:

 

(1) The patient's debilitating medical condition. and stating

<s> </s>

<s>that, in </s>

 

(2) The physician has completed a full assessment of the

 

patient's medical history and current medical condition, including

 

a relevant, in-person, medical evaluation.

 

(3) In the physician's professional opinion, the patient is

 

likely to receive therapeutic or palliative benefit from the

 

medical use of marihuana to treat or alleviate the patient's

 

debilitating medical condition or symptoms associated with the

 

debilitating medical condition.

 

4. Protections for the Medical Use of Marihuana.

 

Sec. 4. (a) A qualifying patient who has been issued and

 

possesses a registry identification card shall not be subject to

 

arrest, prosecution, or penalty in any manner, or denied any right

 

or privilege, including but not limited to civil penalty or

 

disciplinary action by a business or occupational or professional

 

 

 

licensing board or bureau, for the medical use of marihuana in

 

accordance with this act, provided that the qualifying patient

 

possesses an amount of marihuana that does not exceed 2.5 ounces of

 

usable marihuana, and, if the qualifying patient has not specified

 

that a primary caregiver will be allowed under state law to

 

cultivate marihuana for the qualifying patient, 12 marihuana plants

 

kept in an enclosed, locked facility. Any incidental amount of

 

seeds, stalks, and unusable roots shall also be allowed under state

 

law and shall not be included in this amount. The privilege from

 

arrest under this subsection applies only if the qualifying patient

 

presents both his or her registry identification card and a valid

 

driver license or government-issued identification card that bears

 

a photographic image of the qualifying patient.

 

(b) A primary caregiver who has been issued and possesses a

 

registry identification card shall not be subject to arrest,

 

prosecution, or penalty in any manner, or denied any right or

 

privilege, including but not limited to civil penalty or

 

disciplinary action by a business or occupational or professional

 

licensing board or bureau, for assisting a qualifying patient to

 

whom he or she is connected through the department's registration

 

process with the medical use of marihuana in accordance with this

 

act. <s>, provided that </s>The privilege from arrest under this

 

subsection applies only if the primary caregiver presents both his

 

or her registry identification card and a valid driver license or

 

government-issued identification card that bears a photographic

 

image of the primary caregiver. This subsection applies only if the

 

primary caregiver possesses an amount of marihuana that does not

 

 

 

exceed:

 

(1) 2.5 ounces of usable marihuana for each qualifying patient

 

to whom he or she is connected through the department's

 

registration process; and

 

(2) for each registered qualifying patient who has specified

 

that the primary caregiver will be allowed under state law to

 

cultivate marihuana for the qualifying patient, 12 marihuana plants

 

kept in an enclosed, locked facility; and

 

(3) any incidental amount of seeds, stalks, and unusable

 

roots.

 

© A person shall not be denied custody or visitation of a

 

minor for acting in accordance with this act, unless the person's

 

behavior is such that it creates an unreasonable danger to the

 

minor that can be clearly articulated and substantiated.

 

(d) There shall be a presumption that a qualifying patient or

 

primary caregiver is engaged in the medical use of marihuana in

 

accordance with this act if the qualifying patient or primary

 

caregiver:

 

(1) is in possession of a registry identification card; and

 

(2) is in possession of an amount of marihuana that does not

 

exceed the amount allowed under this act. The presumption may be

 

rebutted by evidence that conduct related to marihuana was not for

 

the purpose of alleviating the qualifying patient's debilitating

 

medical condition or symptoms associated with the debilitating

 

medical condition, in accordance with this act.

 

(e) A registered primary caregiver may receive compensation

 

for costs associated with assisting a registered qualifying patient

 

 

 

in the medical use of marihuana. Any such compensation shall not

 

constitute the sale of controlled substances.

 

(f) A physician shall not be subject to arrest, prosecution,

 

or penalty in any manner, or denied any right or privilege,

 

including but not limited to civil penalty or disciplinary action

 

by the Michigan board of medicine, the Michigan board of

 

osteopathic medicine and surgery, or any other business or

 

occupational or professional licensing board or bureau, solely for

 

providing written certifications, 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 to treat or

 

alleviate the patient's serious or debilitating medical condition

 

or symptoms associated with the serious or debilitating medical

 

condition, provided that nothing shall prevent a professional

 

licensing board from sanctioning a physician for failing to

 

properly evaluate a patient's medical condition or otherwise

 

violating the standard of care for evaluating medical conditions.

 

(g) A person shall not be subject to arrest, prosecution, or

 

penalty in any manner, or denied any right or privilege, including

 

but not limited to civil penalty or disciplinary action by a

 

business or occupational or professional licensing board or bureau,

 

for providing a registered qualifying patient or a registered

 

primary caregiver with marihuana paraphernalia for purposes of a

 

qualifying patient's medical use of marihuana.

 

 

 

(h) Any marihuana, marihuana paraphernalia, or licit property

 

that is possessed, owned, or used in connection with the medical

 

use of marihuana, as allowed under this act, or acts incidental to

 

such use, shall not be seized or forfeited.

 

(i) A person shall not be subject to arrest, prosecution, or

 

penalty in any manner, or denied any right or privilege, including

 

but not limited to civil penalty or disciplinary action by a

 

business or occupational or professional licensing board or bureau,

 

solely for being in the presence or vicinity of the medical use of

 

marihuana in accordance with this act, or for assisting a

 

registered qualifying patient with using or administering

 

marihuana.

 

(j) A registry identification card, or its equivalent, that is

 

issued under the laws of another state, district, territory,

 

commonwealth, or insular possession of the United States that

 

allows the medical use of marihuana by a visiting qualifying

 

patient, or to allow a person to assist with a visiting qualifying

 

patient's medical use of marihuana, shall have the same force and

 

effect as a registry identification card issued by the department.

 

(k) Any registered qualifying patient or registered primary

 

caregiver who sells marihuana to someone who is not allowed to use

 

marihuana for medical purposes under this act shall have his or her

 

registry identification card revoked and is guilty of a felony

 

punishable by imprisonment for not more than 2 years or a fine of

 

not more than $2,000.00, or both, in addition to any other

 

penalties for the distribution of marihuana.

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

 

 

 

Sec. 8. (a) Except as provided in section 7, 7(b), a patient

 

and a patient's primary caregiver, if any, may assert the medical

 

purpose for using marihuana as a defense to any prosecution

 

involving marihuana, and this defense shall be presumed valid where

 

the evidence shows that:

 

(1) A physician has stated that, in the physician's

 

professional opinion, after having completed a full assessment of

 

the patient's medical history and current medical condition made in

 

the course of a bona fide physician-patient relationship, the

 

patient is likely to receive therapeutic or palliative benefit from

 

the medical use of marihuana to treat or alleviate the patient's

 

serious or debilitating medical condition or symptoms of the

 

patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any,

 

were collectively in possession of a quantity of marihuana that was

 

not more than was reasonably necessary to ensure the uninterrupted

 

availability of marihuana for the purpose of treating or

 

alleviating the patient's serious or debilitating medical condition

 

or symptoms of the patient's serious or debilitating medical

 

condition; and

 

(3) The patient and the patient's primary caregiver, if any,

 

were engaged in the acquisition, possession, cultivation,

 

manufacture, use, delivery, transfer, or transportation of

 

marihuana or paraphernalia relating to the use of marihuana to

 

treat or alleviate the patient's serious or debilitating medical

 

condition or symptoms of the patient's serious or debilitating

 

medical condition.

 

 

 

House Bill No. 4851 as amended December 5, 2012

 

(b) A person may assert the medical purpose for using

 

marihuana in a motion to dismiss, and the charges shall be

 

dismissed following an evidentiary hearing where the person shows

 

the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates

 

the patient's medical purpose for using marihuana pursuant to this

 

section, the patient and the patient's primary caregiver shall not

 

be subject to the following for the patient's medical use of

 

marihuana:

 

(1) disciplinary action by a business or occupational or

 

professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

<<Enacting section 1. This amendatory act takes effect

April 1, 2013.>>

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There is no guarantee they won't. But they now know we are a persistant lot and will hound the hell out of them. PB and the others can make something of nothing until they are blue in the face but the bottom line is these bills have been watered down amazingly. They know where the polls are on mmj and legalizing altogether. We have a new congress that is not quite as heavy on R's as they were. We will still see bills trying to make various changes to the law but I highly doubt any of them will be willing to devote the kind of bi-partisan time these bills took. Time will tell.

 

Our safety comes from their realization that they will go through hell AGAIN if/when they try the next time.

 

Our safety is NOT because they gained their pound of flesh.

 

What safety that represents is very thin, in view of RTW.

 

The claim that these present bills would fulfill their blood lust is simply foolish. This "blind faith" should be ludicrous to our community.

Edited by peanutbutter
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