Medical Marijuana Patients Could Use “Edibles” Under Bill In State Legislature

[bobandtorey]

Medical marijuana patients in Michigan would be able to use edible forms of the drug under a proposal in Lansing.

 

 

 

Listen

 

0:36

 

 

 

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As The Michigan Public Radio Network’s Jake Neher reports, it’s a response to a recent court ruling.

Patients are limited to smoking medical marijuana under a decision this year by the Michigan Court of Appeals.

Republican state Representative Eileen Kowall introduced the bill to allow things like baked goods, capsules, and candies that contain the active ingredients in marijuana.

“There’s many people who could benefit from the benefits of medical marijuana who couldn’t smoke it in their condition,” she said.  “So, to me, it’s just kind of like correcting a glitch in the language in the law.”

The proposed change has bi-partisan support in the state Legislature. It would need a three-fourths majority to pass.

 

http://wkar.org/post/medical-marijuana-patients-could-use-edibles-under-bill-state-legislature

[+Malamute]

The bill is currently flawed.

[bobandtorey]

Thanks

At least the sick will be able to use cannabis in a way that is more helpful to them that has to be good

[bobandtorey]

JACKSON, MI – Not all medical marijuana patients like to smoke.

That’s one reason why state Rep. Mike Shirkey, R-Clark Lake, intends to support soon-to-be introduced legislation that would amend the definition of “usable marijuana” to include plant resin or extract.

 

Shirkey was not immediately available for comment but said in a statement that “people have differing views on medical marijuana, but I think everyone can agree there is no reason to force users to smoke as the only way to get their medicine.”

 

Other forms could include “edible” baked goods, body lotions and even lip balm that contains cannabis plant extracts.

House bill 5104 was unveiled this week but not formally introduced, according to Michigan House of Representatives Spokesman John Whetstone.

He said that should take place next week.

 

The legislation was crafted by state Rep. Eileen Kowall, R- White Lake, who worked with constituents, members of the medical marijuana community and colleagues including state Rep. Mike Callton.

 

Edibles, or the use of cannabis plant extracts have not always been illegal in Michigan.It wasn’t until the Michigan Court of Appeals ruled that baked goods and other food containing THC, marijuana's active ingredient, are not "usable marijuana" under Michigan's medical marijuana law unless they contain actual plant material.

 

But, registered medical marijuana patients who possess THC-laced foods may still be able to claim immunity from prosecution under a different section of the law.

 

None of this makes sense to Jackson County medical marijuana advocate, patient and cannabis extraction consultant Steve Sharpe.

“The COA has stated that concentrates are not considered usable marijuana meaning our medicine is not considered medicine,” he said.

Sharpe explained parts of the extraction process and said ingesting marijuana has longer lasting effects than smoking it.

 

“Smoking only lasts an hour-and-a-half. If you eat it, it takes an hour-and-a-half to get into your system but works for up to four to six hours,” said Sharpe, who has treated his dog with cannabis oil.

 

While he may be frustrated with the COA ruling, he applauds Shirkey for his work.

“Shirkey has stepped up to the plate to say ‘it needs to be covered, it’s medicine,'” Sharpe said. 

Edited October 26, 2013 by bobandtorey

[trichcycler]

good finds there, thank you.

 

I'm afraid that still wont cover the manufacturing angle of these extractions. There lies very clear laws concerning chemical extractions, most often necessary to ensure safety, quality, and proper dosing requirements of particular patients' needs. Specialized equipment is necessary for these extractions to be performed safely and within set standards, and many are illegal to buy or own or use. Many extractions are patented, which also could cause some rumble in the future of medicine production at home. People using smoke shop 'tane,(digress...5x filtered means mechanically filtered for solids that could possibly clog the ignition in a lighter, not "cleaner chems" as there are a dozen different solvents in each can, each extracting different constituents, and evaporating at different rates, some remain in the extraction longer than others do for that reason), blowing themselves up, or poisoning each other with cleaning solvents and lighter fluid are not helping this cause one bit, as it affects more than just the manufacturer.

 

A very old cannabis extraction I know of used olive oil. This could be left in a cupboard with buds inside, and poured out as needed, and remains legal. Ancients used to put other "anti thc" oils with it to counter act the thc effects....this was thousands of years ago folks. I'd stick with it. Recipes are on google. enjoy !

 

Remember that when cocaine or heroin is confiscated it's not "purified" and then charged according to the pure active ingredient weight, but a total weight of all the ingredients, often baby laxative, baking soda, and worse. So when this comes back to us, a brownie, bottle of olive oil, a dozen cookies even, etc will most likely be a large part of your allowable weight to carry, or otherwise possess/store for delivery etc.  what an unfortunate hit for our movement that is.

[bobandtorey]

Smoking only lasts an hour-and-a-half. If you eat it, it takes an hour-and-a-half to get into your system but works for up to four to six hours,” said Sharpe,

 

And here i see maybe a plan to use this part against the ones that use it and then drive

[bobandtorey]

good finds there, thank you.

 

I'm afraid that still wont cover the manufacturing angle of these extractions. There lies very clear laws concerning chemical extractions, most often necessary to ensure safety, quality, and proper dosing requirements of particular patients' needs. Specialized equipment is necessary for these extractions to be performed safely and within set standards, and many are illegal to buy or own or use. Many extractions are patented, which also could cause some rumble in the future of medicine production at home. People using smoke shop 'tane,(digress...5x filtered means mechanically filtered for solids that could possibly clog the ignition in a lighter, not "cleaner chems" as there are a dozen different solvents in each can, each extracting different constituents, and evaporating at different rates, some remain in the extraction longer than others do for that reason), blowing themselves up, or poisoning each other with cleaning solvents and lighter fluid are not helping this cause one bit, as it affects more than just the manufacturer.

 

A very old cannabis extraction I know of used olive oil. This could be left in a cupboard with buds inside, and poured out as needed, and remains legal. Ancients used to put other "anti thc" oils with it to counter act the thc effects....this was thousands of years ago folks. I'd stick with it. Recipes are on google. enjoy !

 

Remember that when cocaine or heroin is confiscated it's not "purified" and then charged according to the pure active ingredient weight, but a total weight of all the ingredients, often baby laxative, baking soda, and worse. So when this comes back to us, a brownie, bottle of olive oil, a dozen cookies even, etc will most likely be a large part of your allowable weight to carry, or otherwise possess/store for delivery etc.  what an unfortunate hit for our movement that is.

Thanks for adding your opinion here  i do agree

 

people may think it won't be counted as part of their allowed amounts but it will and does IMHO

[+washtenaut]

The bill is currently flawed.

 

Could you expand on this please?  What are the parts that are flawed and why?  Might we be able to address the flaws before it gets pushed ahead?

[+Malamute]

Thus the adverb "currently". 

[GregS]

Thus the adverb "currently". 

Will you be so kind to offer a link to the 'current' text of the bill or post it here?

[Natesilver]

Malamute, do you support this bill?

[t-pain]

its nice of them to make a bill, but the law is very clear on edibles.

its just the CoA is full of crap.

 

i'm also wary of republicans touching the MMMA. anytime they open up the law, they try to screw patients over.

[Natesilver]

its nice of them to make a bill, but the law is very clear on edibles.

its just the CoA is full of crap.

 

i'm also wary of republicans touching the MMMA. anytime they open up the law, they try to screw patients over.

COA ruling is law. Absent legislative action, I'm not cool with a pediatric cancer patient being forced to medicate with dried flower or leaf (non-psychoactive of course)

[Zerocool]

The bill is currently flawed.

Is this the bill your talking about

 

02207'13 Draft 2 TVD

1 INCOME TAX PAYMENTS FOR PHARMACEUTICAL-GRADE CANNABIS LICENSED

2 FACILITIES.

3 (N) AUTHORIZATION FOR THE DEPARTMENT OF TREASURY TO HAVE

4 ACCESS TO LICENSING INFORMATION TO ENSURE SALES AND INCOME TAX

5 PAYMENTS FOR PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES.

6 (O) ACTIVITIES THAT CONSTITUTE LAWFUL AND UNLAWFUL FINANCIAL

7 ARRANGEMENTS BETWEEN PHARMACEUTICAL-GRADE CANNABIS LICENSED

8 FACILITIES.

9 (P) THE QUANTITY OF PHARMACEUTICAL-GRADE CANNABIS PLANTS AND

10 DRIED PLANT MATERIAL THAT A PHARMACEUTICAL-GRADE CANNABIS

11 LICENSED FACILITY MAY POSSESS IN ITS INVENTORY AT ANY TIME.

12 (Q) OTHER MATTERS NECESSARY FOR THE FAIR, IMPARTIAL,

13 STRINGENT, AND COMPREHENSIVE IMPLEMENTATION, ADMINISTRATION, AND

14 ENFORCEMENT OF THIS ARTICLE TO PROTECT THE HEALTH, SAFETY, AND

15 WELFARE OF THE RESIDENTS OF THIS STATE.

16 SEC. 8117. THE DEPARTMENT SHALL ESTABLISH A PHARMACEUTICAL-

17 GRADE CANNABIS LICENSED FACILITY REGISTRY. THE REGISTRY SHALL BE

18 AN ONLINE DATABASE THAT CONTAINS INFORMATION REGARDING THE

19 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES LICENSED UNDER

20 PART 82. INFORMATION IN THE DATABASE SHALL BE MADE AVAILABLE TO

21 THE PUBLIC.

22 SEC. 8119. BY JANUARY 31 OF EACH CALENDAR YEAR, THE

23 DEPARTMENT SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT FOR

24 THE PREVIOUS CALENDAR YEAR THAT CONTAINS ALL OF THE FOLLOWING

25 INFORMATION:

26 (A) THE TOTAL AMOUNT OF FEES COLLECTED UNDER THIS ARTICLE.

27 (B) ALL COSTS RELATED TO PERFORMING THE DUTIES OF THE

22

02207'13 Draft 2 TVD

1 DEPARTMENT UNDER THIS ARTICLE.

2 © FINES, SUSPENSIONS, OR LICENSE REVOCATIONS THAT WERE

3 IMPOSED BY THE DEPARTMENT UNDER THIS ARTICLE.

4 (D) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS

5 APPROPRIATE UNDER THIS ARTICLE.

6 PART 81A

7 PRESCRIBING AND DISPENSING PHARMACEUTICAL-GRADE CANNABIS

8 SEC. 8151. A PHYSICIAN WHO DETERMINES THAT HIS OR HER

9 PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT

10 FROM THE MEDICAL USE OF MARIHUANA TO TREAT OR ALLEVIATE THE

11 PATIENT'S DEBILITATING MEDICAL CONDITION OR SYMPTOMS OF THE

12 PATIENT'S DEBILITATING MEDICAL CONDITION MAY RECOMMEND THE

13 ISSUANCE OF AN ENHANCED PHARMACEUTICAL-GRADE CANNABIS

14 REGISTRATION CARD TO THAT PATIENT AS AN ELIGIBLE PATIENT.

15 SEC. 8152. (1) THE DEPARTMENT MAY ISSUE AN ENHANCED

16 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD TO AN ELIGIBLE

17 PATIENT WHO IS RECOMMENDED BY A PHYSICIAN TO OBTAIN A

18 REGISTRATION CARD AND WHO PROPERLY APPLIES FOR THAT CARD. BEFORE

19 ISSUING A CARD TO AN ELIGIBLE PATIENT UNDER THIS SECTION, THE

20 DEPARTMENT SHALL DETERMINE WHETHER THE INDIVIDUAL HAS PREVIOUSLY

21 BEEN CONVICTED OF ILLEGALLY MANUFACTURING, CREATING,

22 DISTRIBUTING, POSSESSING, OR USING A CONTROLLED SUBSTANCE OR

23 CONSPIRING OR ATTEMPTING TO MANUFACTURE, CREATE, DISTRIBUTE,

24 POSSESS, OR USE A CONTROLLED SUBSTANCE IN THIS STATE OR

25 ELSEWHERE. IF THE INDIVIDUAL HAS PREVIOUSLY BEEN CONVICTED OF

26 ILLEGALLY MANUFACTURING, CREATING, DISTRIBUTING, POSSESSING, OR

27 USING A CONTROLLED SUBSTANCE OR CONSPIRING OR ATTEMPTING TO

1 MANUFACTURE, CREATE, DISTRIBUTE, POSSESS, OR USE A CONTROLLED

2 SUBSTANCE IN THIS STATE OR ELSEWHERE, THE DEPARTMENT SHALL NOT

3 SHALL NOT ISSUE A REGISTRATION CARD TO THAT INDIVIDUAL.

4 (2) IF AN INDIVIDUAL HAS A REGISTRY IDENTIFICATION CARD AS

5 DEFINED IN SECTION 3 OF THE MICHIGAN MEDICAL MARIHUANA ACT, 2008

6 IL 1, MCL 333.26423, THE DEPARTMENT SHALL REQUIRE THE INDIVIDUAL

7 TO SURRENDER THAT CARD BEFORE ISSUING THE INDIVIDUAL AN ENHANCED

8 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD UNDER THIS

9 SECTION.

10 SEC. 8153. THE DEPARTMENT SHALL PROVIDE A MEANS BY WHICH

11 REGISTRY IDENTIFICATION CARDS CAN BE ELECTRONICALLY SCANNED BY

12 LAW ENFORCEMENT PERSONNEL TO OBTAIN THE FOLLOWING INFORMATION:

13 (A) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PHYSICIAN

14 AUTHORIZING ISSUANCE OF THE CARD.

15 (B) THE DIAGNOSIS SUPPORTING THE ISSUANCE OF THE CARD.

16 © IF TECHNOLOGICALLY FEASIBLE, THE QUALIFYING PATIENT'S

17 HISTORY OF OBTAINING PRESCRIPTIONS UNDER THE CARD. THE DEPARTMENT

18 MAY REQUIRE A QUALIFYING PATIENT TO AUTHORIZE THE RELEASE OF

19 INFORMATION UNDER THIS SUBDIVISION AS A CONDITION FOR OBTAINING A

20 REGISTRY IDENTIFICATION CARD UNDER THIS ARTICLE. INFORMATION TO

21 BE OBTAINED BY LAW ENFORCEMENT PERSONNEL UNDER THIS SUBDIVISION

22 SHALL BE RESTRICTED TO PRESCRIPTIONS FOR PHARMACEUTICAL-GRADE

23 CANNABIS ONLY AND IS SUBJECT TO THE TIME PERIODS SET FORTH IN

24 SECTION 8752(7).

25 SEC. 8154. (1) EACH PRESCRIPTION WRITTEN FOR PHARMACEUTICAL-

26 GRADE CANNABIS SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION:

27 (A) THE DATE THE PRESCRIPTION IS WRITTEN.

1 (B) THE DATE THE PRESCRIPTION IS FILLED.

2 © THE DOSAGE AND INSTRUCTIONS FOR USE, WHICH SHALL INCLUDE

3 THE PERCENTAGE OF TOTAL THC AND THE PERCENTAGE OF TOTAL CBD.

4 (D) THE NAME, ADDRESS, AND FEDERAL DRUG ENFORCEMENT

5 ADMINISTRATION NUMBER OF THE DISPENSING PHARMACY AND THE INITIALS

6 OF THE PHARMACIST WHO FILLS THE PRESCRIPTION.

7 (E) THE NAME, ADDRESS, AND AGE OF THE PERSON FOR WHOM THE

8 PHARMACEUTICAL-GRADE CANNABIS IS PRESCRIBED.

9 (F) THE PRODUCT BRAND NAME, IF A BRAND NAME IS SPECIFIED BY

10 THE PRESCRIBER.

11 (2) THE DEPARTMENT MAY REQUIRE THE USE OF THE ELECTRONIC

12 SYSTEM ESTABLISHED UNDER SECTION 7333A FOR MONITORING

13 PHARMACEUTICAL-GRADE CANNABIS DISPENSED UNDER THIS SECTION.

[Zerocool]

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7212, 7214, 7301a, and 7303 (MCL 333.7212,

333.7214, 333.7301a, and 333.7303), section 7212 as amended by

2012 PA 183, section 7214 as amended by 1982 PA 352, section

7301a as amended by 2006 PA 392, and section 7303 as amended by

1988 PA 60, 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

6 isomers, esters, ethers, and salts is possible within the

2

02207'13 Draft 2 TVD

1 specific chemical designation:

2

Acetylmethadol

Difenoxin

Noracymethadol

3

Allylprodine

Dimenoxadol

Norlevorphanol

4

Alpha-acetylmethadol

Dimepheptanol

Normethadone

5

Alphameprodine

Dimethylthiambutene

Norpipanone

6

Alphamethadol

Dioxaphetyl butyrate

Phenadoxone

7

Benzethidine

Dipipanone

Phenampromide

8

Betacetylmethadol

Ethylmethylthiambutene

Phenomorphan

9

Betameprodine

Etonitazene

Phenoperidine

10

Betamethadol

Etoxeridine

Piritramide

11

Betaprodine

Furethidine

Proheptazine

12

Clonitazene

Hydroxypethidine

Properidine

13

Dextromoramide

Ketobemidone

Propiram

14

Diampromide

Levomoramide

Racemoramide

15

Diethylthiambutene

Levophenacylmorphan

Trimeperidine

16

Morpheridine

17 (b) Any of the following opium derivatives, their salts,

18 isomers, and salts of isomers, unless specifically excepted, when

19 the existence of these salts, isomers, and salts of isomers is

20 possible within the specific chemical designation:

21

Acetorphine

Drotebanol

Morphine-N-Oxide

22

Acetyldihydrocodeine

Etorphine

Myrophine

23

Benzylmorphine

Heroin

Nicocodeine

24

Codeine methylbromide

Hydromorphinol

Nicomorphine

25

Codeine-N-Oxide

Methyldesorphine

Normorphine

26

Cyprenorphine

Methyldihydromorphine

Pholcodine

27

Desomorphine

Morphine methylbromide

Thebacon

28

Dihydromorphine

Morphine methylsulfonate

3

02207'13 Draft 2 TVD

1 © Any material, compound, mixture, or preparation which

2 contains any quantity of the following hallucinogenic substances,

3 their salts, isomers, and salts of isomers, unless specifically

4 excepted, when the existence of these salts, isomers, and salts

5 of isomers is possible within the specific chemical designation:

6

2-Methylamino-1-phenylpropan-1-one

7

Some trade and other names:

8

Methcathinone

9

Cat

10

Ephedrone

11

3, 4-methylenedioxy amphetamine

12

5-methoxy-3, 4-methylenedioxy

13

amphetamine

14

3, 4, 5-trimethoxy amphetamine

15

Bufotenine

16

Some trade and other names:

17

3-(B-dimethylaminoethyl)-5 hydrozyindole

18

3-(2-dimethylaminoethyl)-5 indolol

19

N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine

20

Mappine

21

2, 5-Dimethoxyamphetamine

22

Some trade or other names:

23

2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA

24

4-Bromo-2, 5-Dimethoxyamphetamine

25

Some trade or other names:

26

4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo

27

2,5-DMA

28

Diethyltryptamine

29

Some trade and other names:

4

02207'13 Draft 2 TVD

1

N,N-Diethyltryptamine; DET

2

Dimethyltryptamine

3

Some trade or other names:

4

DMT

5

4-methyl-2, 5-dimethoxyamphetamine

6

Some trade and other names:

7

4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine

8

DOM, STP

9

4-methoxyamphetamine

10

Some trade or other names:

11

4-methoxy-a-methylphenethylamine; paramethoxy amphetamine;

12

PMA

13

Ibogaine

14

Some trade and other names:

15

7-Ethyl-6,6a,7,8,9,10,12,13

16

Octahydro-2-methoxy-6,9-methano-5H-

17

pyrido (1, 2:1, 2 azepino 4, 5-b) indole

18

tabernanthe iboga

19

Lysergic acid diethylamide

20

Marihuana EXCEPT AS PROVIDED IN SUBSECTION (2), MARIHUANA, INCLUDING

21

PHARMACEUTICAL-GRADE CANNABIS

22

Mecloqualone

23

Mescaline

24

Peyote

25

N-ethyl-3 piperidyl benzilate

26

N-methyl-3 piperidyl benzilate

27

Psilocybin

28

Psilocyn

29

Thiophene analog of phencyclidine

30

Some trade or other names:

31

1-(1-(2-thienyl)cyclohexyl) piperidine)

5

02207'13 Draft 2 TVD

1

2-thienyl analog of phencyclidine; TPCP

2 (d) Synthetic EXCEPT AS PROVIDED IN SUBSECTION (2),

3 SYNTHETIC equivalents of the substances contained in the plant,

4 or in the resinous extractives of cannabis and synthetic

5 substances, derivatives, and their isomers with similar chemical

6 structure or pharmacological activity, or both, such as the

7 following, are included in schedule 1:

8 (i) /\1 cis or trans tetrahydrocannabinol, and their optical

9 isomers.

10 (ii) /\6 cis or trans tetrahydrocannabinol, and their optical

11 isomers.

12 (iii) /\3,4, cis or trans tetrahydrocannabinol, and their

13 optical isomers.

14 (e) Compounds EXCEPT AS PROVIDED IN SUBSECTION (2),

15 COMPOUNDS of structures of substances referred to in subdivision

16 (d), regardless of numerical designation of atomic positions, are

17 included.

18 (f) Gamma-hydroxybutyrate and any isomer, salt, or salt of

19 isomer of gamma-hydroxybutyrate.

20

Some trade and other names:

21

Sodium oxybate

22

4-hydroxybutanoic acid monosodium salt

23 (g) 3,4-methylenedioxymethamphetamine.

24

Some trade and other names:

6

02207'13 Draft 2 TVD

1

Ecstasy

2

MDMA

3 (h) N-Benzylpiperazine

4

Some trade and other names:

5

BZP

6

Benzylpiperazine

7

1-(phenylmethyl)-piperazine

8 (i) 3-Chlorophenylpiperazine

9

Some trade and other names:

10

MCPP

11 (j) 1-(3-Trifluoromethylphenyl)piperazine

12

Some trade and other names:

13

TFMPP

14 (k) 4-Bromo-2,5-dimethoxybenzylpiperazine

15

Some trade and other names:

16

2C-B-BZP

17 (l) All of the following:

18 (i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-

19 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.

20

Some trade and other names:

21

HU-210

7

02207'13 Draft 2 TVD

1 (ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-

2 yl)phenol and its side chain homologues.

3

Some trade and other names:

4

CP47,497

5 (iii) 1-pentyl-3-(1-naphthoyl)indole.

6

Some trade and other names:

7

JWH-018

8 (iv) 1-butyl-3-(1-naphthoyl)indole.

9

Some trade and other names:

10

JWH-073

11 (v) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-

12 methanone.

13

Some trade and other names:

14

JWH-015

15 (vi) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-

16 naphthalenyl-methanone.

17

Some trade and other names:

18

JWH-200

19 (vii) 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-

20 ethanone.

8

02207'13 Draft 2 TVD

1

Some trade and other names:

2

JWH-250

3 (m) Mephedrone (4-methylmethcathinone).

4

Some trade and other names:

5

4-MMC, M-Cat, meow meow, miaow miaow, bounce, bubbles, bubble

6

love, mad cow, plant food, drone, and neo doves

7 (n) 4-Methyl-alpha-pyrrolidinobutyrophenone.

8

Some trade and other names:

9

MPBP

10 (o) Methylenedioxypyrovalerone

11

Some trade and other names:

12

MDPV, Bath salts, charge plus, cloud nine, hurricane Charlie,

13

ivory wave, ocean, red dove, scarface, sonic, white dove, white

14

lightning

15 (p) 5,6-Methylenedioxy-2-aminoindane

16

Some trade and other names:

17

MDAI

18

Woof-woof

19 (q) Naphyrone (Naphthylpyrovalerone)

20

Some trade and other names:

9

02207'13 Draft 2 TVD

1

NRG-1

2

Rave

3 ® Pyrovalerone (1-(4-Methylphenyl)-2-(1-pyrrolidinyl)-1-

4 pentanone)

5 (s) Catha edulis; except as provided in subdivision (t) and

6 section 7218, all parts of the plant presently classified

7 botanically as catha edulis, whether growing or not; the leaves

8 and seeds of that plant; any extract from any part of that plant;

9 and every compound, salt, derivative, mixture, or preparation of

10 that plant or its leaves, seeds, or extracts.

11

Some trade and other names:

12

Khat

13

Qat

14 (t) Cathinone.

15 (u) Salvia divinorum; except as provided in subdivision (v),

16 all parts of the plant presently classified botanically as salvia

17 divinorum, whether growing or not; the leaves and seeds of that

18 plant; any extract from any part of that plant; and every

19 compound, salt, derivative, mixture, or preparation of that plant

20 or its leaves, seeds, or extracts.

21 (v) Salvinorin A.

22 (2) MARIHUANA AND THE SUBSTANCES DESCRIBED IN SUBSECTION

23 (1)(D) AND (E) ARE SCHEDULE 2 CONTROLLED SUBSTANCES IF THEY ARE

24 MANUFACTURED, OBTAINED, STORED, DISPENSED, POSSESSED, GROWN, OR

25 DISPOSED OF IN COMPLIANCE WITH THIS ACT AND AS AUTHORIZED BY

10

02207'13 Draft 2 TVD

1 FEDERAL AUTHORITY.

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

11

02207'13 Draft 2 TVD

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

12

02207'13 Draft 2 TVD

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

13

02207'13 Draft 2 TVD

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.THE PURPOSE OF TREATING A DEBILITATING MEDICAL CONDITION

6 AS THAT TERM IS DEFINED IN SECTION 3(B) OF THE MICHIGAN MEDICAL

7 MARIHUANA ACT, 2008 IL 1, MCL 333.26423, AND AS AUTHORIZED UNDER

8 THIS ACT.

9 Sec. 7301a. Licensing activities conducted under this part

10 are subject to sections 16201, 16203, 16299, 16303, 16305, 16307,

11 16309, and 16313 AND ARTICLE 8.

12 Sec. 7303. (1) A person who manufactures, distributes,

13 prescribes, or dispenses a controlled substance in this state or

14 who proposes to engage in the manufacture, distribution,

15 prescribing, or dispensing of a controlled substance in this

16 state shall obtain a license issued by the administrator in

17 accordance with the rules. A person who has been issued a

18 controlled substances license by the administrator under this

19 article and a license under article 15 shall renew the controlled

20 substances license concurrently with the renewal of the license

21 issued under article 15, and for an equal number of years.

22 (2) A person licensed by the administrator under this

23 article to manufacture, distribute, prescribe, dispense, or

24 conduct research with controlled substances may possess,

25 manufacture, distribute, prescribe, dispense, or conduct research

26 with those substances to the extent authorized by its license and

27 in conformity with the other provisions of this article.

14

02207'13 Draft 2 TVD

1 (3) A LICENSE ISSUED UNDER THIS ARTICLE TO MANUFACTURE,

2 DISTRIBUTE, PRESCRIBE, OR DISPENSE PHARMACEUTICAL-GRADE CANNABIS

3 AND THE CONDUCT OF THE LICENSEE IS SUBJECT TO THE ADDITIONAL

4 REQUIREMENTS OF ARTICLE 8.

5 (4) (3) The following persons need not be licensed and may

6 lawfully possess controlled substances or prescription forms

7 under this article:

8 (a) An agent or employee of a licensed manufacturer,

9 distributor, prescriber, or dispenser of a controlled substance

10 if acting in the usual course of the agent's or employee's

11 business or employment.

12 (b) A common or contract carrier or warehouseman, or an

13 employee thereof, whose possession of a controlled substance or

14 prescription form is in the usual course of business or

15 employment.

16 © An ultimate user or agent in possession of a controlled

17 substance or prescription form pursuant to a lawful order of a

18 practitioner or in lawful possession of a schedule 5 substance.

19 (5) (4) The administrator may waive or include by rule the

20 requirement for licensure of certain manufacturers, distributors,

21 prescribers, or dispensers, if it finds the waiver or inclusion

22 is consistent with the public health and safety.

23 (6) (5) A separate license is required at each principal

24 place of business or professional practice where the applicant

25 manufactures, distributes, prescribes, or dispenses controlled

26 substances.

27 (7) (6) As a requisite for licensure, the administrator may

15

02207'13 Draft 2 TVD

1 inspect the establishment of a licensee or applicant for

2 licensure in accordance with the administrator's rule.

3 (8) (7) A person licensed under this article to distribute

4 controlled substances shall report to the administrator on a

5 quarterly basis all schedule 2 controlled substances and those

6 controlled substances designated by the administrator pursuant to

7 this subsection which are sold to licensed practitioners and

8 retail pharmacies. The report shall be in writing and shall

9 include the name of each licensed practitioner and retail

10 pharmacy to whom the controlled substance was distributed. A

11 report under this subsection may be transmitted electronically,

12 if the transmission is ultimately reduced to writing. The

13 administrator shall designate by rule the controlled substances

14 in schedules 3 to 5 to be reported under this subsection.

15 ARTICLE 8

16 PHARMACEUTICAL-GRADE CANNABIS

17 PART 81

18 GENERAL PROVISIONS

19 SEC. 8101. (1) FOR PURPOSES OF THIS ARTICLE, THE WORDS AND

20 PHRASES DEFINED IN SECTIONS 8103 TO 8107 HAVE THE MEANINGS

21 ASCRIBED TO THEM IN THOSE SECTIONS.

22 (2) IN ADDITION, ARTICLE 1 CONTAINS GENERAL DEFINITIONS AND

23 PRINCIPLES OF CONSTRUCTION APPLICABLE TO ALL ARTICLES IN THIS

24 ACT.

25 SEC. 8103. (1) "APPLICANT" MEANS THE PERSON SUBMITTING AN

26 APPLICATION FOR A NEW LICENSE OR LICENSE RENEWAL UNDER PART 82

27 AND INCLUDES EACH INDIVIDUAL IDENTIFIED IN THE APPLICATION AS AN

16

02207'13 Draft 2 TVD

1 OWNER, OPERATOR, OFFICER, DIRECTOR, PARTNER, MEMBER, OR MANAGER

2 OF THE APPLICANT.

3 (2) "CBD" AND "CBD ACID" MEAN CANNABIDIOL AND CANNABIDIOL

4 ACID.

5 (3) "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT.

6 (4) "ELIGIBLE PATIENT" MEANS AN INDIVIDUAL WHO MEETS THE

7 REQUIREMENTS OF PART 84 AND HAS BEEN ISSUED AN ENHANCED

8 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD.

9 (5) "ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION

10 CARD" OR "REGISTRATION CARD" MEANS THE REGISTRATION CARD ISSUED

11 TO AN ELIGIBLE PATIENT UNDER PART 84.

12 (6) "GOOD MORAL CHARACTER" MEANS THAT TERM AS DEFINED IN

13 SECTION 1 OF 1974 PA 381, MCL 338.41.

14 SEC. 8105. (1) "MARIHUANA" MEANS THAT TERM AS DEFINED IN

15 SECTION 7106 AND INCLUDES PHARMACEUTICAL-GRADE CANNABIS.

16 (2) "MEDICAL USE" MEANS THE PURCHASE, SALE, POSSESSION, USE,

17 INTERNAL POSSESSION, DELIVERY, TRANSFER, OR TRANSPORTATION OF

18 PHARMACEUTICAL-GRADE CANNABIS OR PARAPHERNALIA RELATING TO THE

19 ADMINISTRATION OF PHARMACEUTICAL-GRADE CANNABIS TO TREAT OR

20 ALLEVIATE AN ELIGIBLE PATIENT'S DEBILITATING MEDICAL CONDITION.

21 (3) "MICHIGAN MEDICAL MARIHUANA ACT" MEANS THE MICHIGAN

22 MEDICAL MARIHUANA ACT, 2008 IL 1, MCL 333.26421 TO 333.26430.

23 (4) "PHARMACEUTICAL-GRADE CANNABIS" MEANS A GRADE OF

24 CANNABIS THAT IS CULTIVATED FOR THE PURPOSES OF THIS ARTICLE;

25 THAT IS FREE OF CHEMICAL RESIDUES SUCH AS FUNGICIDES AND

26 INSECTICIDES AND IS TESTED BY VALIDATED METHODS TO DETERMINE ITS

27 CANNABINOID LEVELS, SPECIFICALLY, THC AND THC ACID LEVELS AND CBD

17

02207'13 Draft 2 TVD

1 AND CBD ACID LEVELS AND COMPLIES WITH THE STANDARDS SET FORTH IN

2 SECTION 8303(6) FOR ITS MICROBIAL, MYCOTOXIN, AND METAL CONTENTS,

3 INCLUDING HEAVY METALS; AND THAT MEETS ANY OTHER NECESSARY

4 REQUIREMENTS TO BE CONSIDERED IN COMPLIANCE WITH GOOD

5 MANUFACTURING PRACTICES AS PRESCRIBED IN RULES PROMULGATED BY THE

6 DEPARTMENT UNDER THIS ARTICLE.

7 (5) "PHARMACEUTICAL-GRADE CANNABIS FUND" OR "FUND" MEANS THE

8 PHARMACEUTICAL-GRADE CANNABIS FUND CREATED IN SECTION 8113.

9 (6) "PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY" OR

10 "LICENSED FACILITY" MEANS ANY SECURE ENTITY, OPERATION, OR

11 FACILITY AT OR THROUGH WHICH PHARMACEUTICAL-GRADE CANNABIS IS

12 MANUFACTURED, CULTIVATED, AND TESTED IN THIS STATE FOR LAWFUL

13 MEDICAL USE AS PROVIDED FOR IN THIS ARTICLE AND THE MICHIGAN

14 MEDICAL MARIHUANA ACT. PHARMACEUTICAL-GRADE CANNABIS LICENSED

15 FACILITY DOES NOT INCLUDE A QUALIFYING PATIENT OR PRIMARY

16 CAREGIVER WHO POSSESSES OR CULTIVATES MARIHUANA IN THE MANNER

17 PRESCRIBED IN THE MICHIGAN MEDICAL MARIHUANA ACT OR AN ELIGIBLE

18 PATIENT WHO POSSESSES PHARMACEUTICAL-GRADE CANNABIS IN THE MANNER

19 PRESCRIBED IN THIS ARTICLE.

20 SEC. 8107. (1) "QUALIFYING PATIENT" MEANS AN INDIVIDUAL WHO

21 HAS BEEN ISSUED A REGISTRY IDENTIFICATION CARD AS A QUALIFYING

22 PATIENT UNDER THE MICHIGAN MEDICAL MARIHUANA ACT.

23 (2) "THC" MEANS DELTA-9-TETRAHYDROCANNABINOL AND

24 TETRAHYDROCANNABINOL ACID.

25 SEC. 8109. (1) A PERSON SHALL NOT MANUFACTURE, DISTRIBUTE,

26 PRESCRIBE, OR DISPENSE PHARMACEUTICAL-GRADE CANNABIS WITHOUT

27 FIRST OBTAINING A LICENSE TO MANUFACTURE, DISTRIBUTE, PRESCRIBE,

18

02207'13 Draft 2 TVD

1 OR DISPENSE A CONTROLLED SUBSTANCE UNDER ARTICLE 7.

2 (2) A LICENSE ISSUED UNDER ARTICLE 7 TO MANUFACTURE,

3 DISTRIBUTE, PRESCRIBE, OR DISPENSE PHARMACEUTICAL-GRADE CANNABIS

4 AND THE CONDUCT OF A PERSON LICENSED TO MANUFACTURE, DISTRIBUTE,

5 PRESCRIBE, OR DISPENSE PHARMACEUTICAL-GRADE CANNABIS UNDER THAT

6 LICENSE IS SUBJECT TO THE ADDITIONAL REQUIREMENTS OF THIS

7 ARTICLE.

8 (3) ARTICLE 7 AND THIS ARTICLE DO NOT APPLY TO CONDUCT

9 PERMITTED UNDER THE MICHIGAN MEDICAL MARIHUANA ACT.

10 SEC. 8111. (1) BEGINNING ON THE EFFECTIVE DATE OF THIS

11 ARTICLE, THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR LICENSING,

12 REGISTRATION, INSPECTION, TESTING, OR OTHER ACTIVITY OR SERVICE

13 PROVIDED BY THE DEPARTMENT UNDER THIS ARTICLE. THE FEE AUTHORIZED

14 UNDER THIS SUBSECTION IS IN ADDITION TO ANY FEE AUTHORIZED UNDER

15 ARTICLE 7. ALL FEES PERMITTED UNDER THIS SECTION SHALL BE

16 DELIVERED TO THE STATE TREASURER ON A MONTHLY BASIS FOR DEPOSIT

17 IN THE PHARMACEUTICAL-GRADE CANNABIS FUND.

18 (2) BEFORE COLLECTING A FEE UNDER THIS ARTICLE, THE

19 DEPARTMENT SHALL DEVELOP AND PUBLISH A COMPREHENSIVE SCHEDULE OF

20 FEES. THE SCHEDULE SHALL INCLUDE A DESCRIPTION OF EACH ACTIVITY

21 OR SERVICE AND THE MAXIMUM FEE CHARGED FOR THAT ACTIVITY OR

22 SERVICE. THE DEPARTMENT MAY CONSIDER THE REQUIREMENTS OF SECTION

23 8153© IN ESTABLISHING THE AMOUNT OF THE FEE. THE DEPARTMENT

24 SHALL INCLUDE A STATEMENT OF THE RATIONALE USED IN DETERMINING

25 THE FEES CONTAINED IN THE SCHEDULE. THE DEPARTMENT SHALL REVISE

26 THE FEE SCHEDULE FROM TIME TO TIME SO THAT THE AMOUNT OF FEES

27 COLLECTED UNDER THIS ARTICLE DOES NOT EXCEED THE AMOUNT NECESSARY

19

02207'13 Draft 2 TVD

1 TO FUND THE DUTIES OF THE DEPARTMENT UNDER THIS ARTICLE.

2 SEC. 8113. (1) THE PHARMACEUTICAL-GRADE CANNABIS FUND IS

3 CREATED WITHIN THE STATE TREASURY. IN ADDITION TO THE FEES

4 DESCRIBED IN SECTION 8111, THE STATE TREASURER MAY RECEIVE MONEY

5 OR OTHER ASSETS FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. THE

6 STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE FUND. THE

7 STATE TREASURER SHALL CREDIT TO THE FUND INTEREST AND EARNINGS

8 FROM FUND INVESTMENTS. MONEY IN THE FUND AT THE CLOSE OF THE

9 FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE

10 GENERAL FUND.

11 (2) THE DEPARTMENT IS THE ADMINISTRATOR OF THE

12 PHARMACEUTICAL-GRADE CANNABIS FUND FOR AUDITING PURPOSES AND THE

13 DEPARTMENT SHALL EXPEND MONEY FROM THE FUND, UPON APPROPRIATION,

14 ONLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH

15 IMPLEMENTING, ADMINISTERING, AND ENFORCING THIS ARTICLE.

16 SEC. 8115. THE DEPARTMENT SHALL PROMULGATE RULES NECESSARY

17 TO CARRY OUT THIS ARTICLE. THE RULES SHALL ADDRESS, BUT ARE NOT

18 REQUIRED TO BE LIMITED TO ADDRESSING, ALL OF THE FOLLOWING

19 SUBJECTS:

20 (A) IF NOT SPECIFICALLY PROVIDED FOR IN THIS ARTICLE,

21 ACTIVITIES NECESSARY FOR THE COMPLIANCE WITH OR ENFORCEMENT OF OR

22 ACTIVITIES THAT CONSTITUTE A VIOLATION OF THIS ARTICLE,

23 INCLUDING, BUT NOT LIMITED TO, PROCEDURES AND GROUNDS FOR

24 DENYING, SUSPENDING, OR REVOKING A LICENSE OR REGISTRATION UNDER

25 THIS ARTICLE.

26 (B) INSTRUCTIONS FOR LOCAL HEALTH DEPARTMENTS AND LAW

27 ENFORCEMENT OFFICERS.

20

02207'13 Draft 2 TVD

1 © ALL FORMS NECESSARY OR CONVENIENT FOR THE

2 IMPLEMENTATION, ADMINISTRATION, AND ENFORCEMENT OF THIS ARTICLE.

3 (D) ACTIVITIES THAT CONSTITUTE OR RESULT IN

4 MISREPRESENTATION OR UNFAIR, DECEPTIVE PRACTICES.

5 (E) PROCEDURES AND FORMS FOR ISSUING ENHANCED

6 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARDS.

7 (F) REGULATING THE MANUFACTURING, INVENTORY, STORAGE,

8 DISPOSAL, AND SALE OF PHARMACEUTICAL-GRADE CANNABIS AND

9 SPECIFYING LEGITIMATE SOURCES FOR OBTAINING SEED TO CULTIVATE

10 PHARMACEUTICAL-GRADE CANNABIS.

11 (G) THE QUARTERLY REPORTING BY PHARMACEUTICAL-GRADE CANNABIS

12 LICENSED FACILITIES OF THEIR INVENTORY, WHICH SHALL INCLUDE THE

13 NUMBER OF PLANTS UNDER CULTIVATION, THE AMOUNT OF DRIED PLANT

14 MATERIAL, THE AMOUNT OF DESTROYED PLANTS, AND ALL SALES.

15 (H) COMPLIANCE WITH FEDERAL REGULATORY REQUIREMENTS.

16 (I) HEALTH AND SANITARY REQUIREMENTS FOR PHARMACEUTICAL-

17 GRADE CANNABIS LICENSED FACILITIES.

18 (J) RECORD KEEPING, RECORD RETENTION, RECORD STORAGE, AND

19 RECORD SECURITY REQUIREMENTS FOR PHARMACEUTICAL-GRADE CANNABIS

20 LICENSED FACILITIES.

21 (K) AUDIT REQUIREMENTS FOR PHARMACEUTICAL-GRADE CANNABIS

22 LICENSED FACILITIES, WHICH SHALL INCLUDE SELF REPORTING OF

23 INVENTORY ON A MONTHLY BASIS, SUBJECT TO INSPECTION BY DESIGNATED

24 STATE AND FEDERAL AUTHORITIES.

25 (l) PHYSICAL SECURITY REQUIREMENTS FOR PHARMACEUTICAL-GRADE

26 CANNABIS THAT AT A MINIMUM INCLUDE LIGHTING AND ALARMS.

27 (M) THE REPORTING AND TRANSMITTAL OF MONTHLY SALES AND

21

02207'13 Draft 2 TVD

1 INCOME TAX PAYMENTS FOR PHARMACEUTICAL-GRADE CANNABIS LICENSED

2 FACILITIES.

3 (N) AUTHORIZATION FOR THE DEPARTMENT OF TREASURY TO HAVE

4 ACCESS TO LICENSING INFORMATION TO ENSURE SALES AND INCOME TAX

5 PAYMENTS FOR PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES.

6 (O) ACTIVITIES THAT CONSTITUTE LAWFUL AND UNLAWFUL FINANCIAL

7 ARRANGEMENTS BETWEEN PHARMACEUTICAL-GRADE CANNABIS LICENSED

8 FACILITIES.

9 (P) THE QUANTITY OF PHARMACEUTICAL-GRADE CANNABIS PLANTS AND

10 DRIED PLANT MATERIAL THAT A PHARMACEUTICAL-GRADE CANNABIS

11 LICENSED FACILITY MAY POSSESS IN ITS INVENTORY AT ANY TIME.

12 (Q) OTHER MATTERS NECESSARY FOR THE FAIR, IMPARTIAL,

13 STRINGENT, AND COMPREHENSIVE IMPLEMENTATION, ADMINISTRATION, AND

14 ENFORCEMENT OF THIS ARTICLE TO PROTECT THE HEALTH, SAFETY, AND

15 WELFARE OF THE RESIDENTS OF THIS STATE.

16 SEC. 8117. THE DEPARTMENT SHALL ESTABLISH A PHARMACEUTICAL-

17 GRADE CANNABIS LICENSED FACILITY REGISTRY. THE REGISTRY SHALL BE

18 AN ONLINE DATABASE THAT CONTAINS INFORMATION REGARDING THE

19 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES LICENSED UNDER

20 PART 82. INFORMATION IN THE DATABASE SHALL BE MADE AVAILABLE TO

21 THE PUBLIC.

22 SEC. 8119. BY JANUARY 31 OF EACH CALENDAR YEAR, THE

23 DEPARTMENT SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT FOR

24 THE PREVIOUS CALENDAR YEAR THAT CONTAINS ALL OF THE FOLLOWING

25 INFORMATION:

26 (A) THE TOTAL AMOUNT OF FEES COLLECTED UNDER THIS ARTICLE.

27 (B) ALL COSTS RELATED TO PERFORMING THE DUTIES OF THE

22

02207'13 Draft 2 TVD

1 DEPARTMENT UNDER THIS ARTICLE.

2 © FINES, SUSPENSIONS, OR LICENSE REVOCATIONS THAT WERE

3 IMPOSED BY THE DEPARTMENT UNDER THIS ARTICLE.

4 (D) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS

5 APPROPRIATE UNDER THIS ARTICLE.

6 PART 81A

7 PRESCRIBING AND DISPENSING PHARMACEUTICAL-GRADE CANNABIS

8 SEC. 8151. A PHYSICIAN WHO DETERMINES THAT HIS OR HER

9 PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT

10 FROM THE MEDICAL USE OF MARIHUANA TO TREAT OR ALLEVIATE THE

11 PATIENT'S DEBILITATING MEDICAL CONDITION OR SYMPTOMS OF THE

12 PATIENT'S DEBILITATING MEDICAL CONDITION MAY RECOMMEND THE

13 ISSUANCE OF AN ENHANCED PHARMACEUTICAL-GRADE CANNABIS

14 REGISTRATION CARD TO THAT PATIENT AS AN ELIGIBLE PATIENT.

15 SEC. 8152. (1) THE DEPARTMENT MAY ISSUE AN ENHANCED

16 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD TO AN ELIGIBLE

17 PATIENT WHO IS RECOMMENDED BY A PHYSICIAN TO OBTAIN A

18 REGISTRATION CARD AND WHO PROPERLY APPLIES FOR THAT CARD. BEFORE

19 ISSUING A CARD TO AN ELIGIBLE PATIENT UNDER THIS SECTION, THE

20 DEPARTMENT SHALL DETERMINE WHETHER THE INDIVIDUAL HAS PREVIOUSLY

21 BEEN CONVICTED OF ILLEGALLY MANUFACTURING, CREATING,

22 DISTRIBUTING, POSSESSING, OR USING A CONTROLLED SUBSTANCE OR

23 CONSPIRING OR ATTEMPTING TO MANUFACTURE, CREATE, DISTRIBUTE,

24 POSSESS, OR USE A CONTROLLED SUBSTANCE IN THIS STATE OR

25 ELSEWHERE. IF THE INDIVIDUAL HAS PREVIOUSLY BEEN CONVICTED OF

26 ILLEGALLY MANUFACTURING, CREATING, DISTRIBUTING, POSSESSING, OR

27 USING A CONTROLLED SUBSTANCE OR CONSPIRING OR ATTEMPTING TO

23

02207'13 Draft 2 TVD

1 MANUFACTURE, CREATE, DISTRIBUTE, POSSESS, OR USE A CONTROLLED

2 SUBSTANCE IN THIS STATE OR ELSEWHERE, THE DEPARTMENT SHALL NOT

3 SHALL NOT ISSUE A REGISTRATION CARD TO THAT INDIVIDUAL.

4 (2) IF AN INDIVIDUAL HAS A REGISTRY IDENTIFICATION CARD AS

5 DEFINED IN SECTION 3 OF THE MICHIGAN MEDICAL MARIHUANA ACT, 2008

6 IL 1, MCL 333.26423, THE DEPARTMENT SHALL REQUIRE THE INDIVIDUAL

7 TO SURRENDER THAT CARD BEFORE ISSUING THE INDIVIDUAL AN ENHANCED

8 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD UNDER THIS

9 SECTION.

10 SEC. 8153. THE DEPARTMENT SHALL PROVIDE A MEANS BY WHICH

11 REGISTRY IDENTIFICATION CARDS CAN BE ELECTRONICALLY SCANNED BY

12 LAW ENFORCEMENT PERSONNEL TO OBTAIN THE FOLLOWING INFORMATION:

13 (A) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PHYSICIAN

14 AUTHORIZING ISSUANCE OF THE CARD.

15 (B) THE DIAGNOSIS SUPPORTING THE ISSUANCE OF THE CARD.

16 © IF TECHNOLOGICALLY FEASIBLE, THE QUALIFYING PATIENT'S

17 HISTORY OF OBTAINING PRESCRIPTIONS UNDER THE CARD. THE DEPARTMENT

18 MAY REQUIRE A QUALIFYING PATIENT TO AUTHORIZE THE RELEASE OF

19 INFORMATION UNDER THIS SUBDIVISION AS A CONDITION FOR OBTAINING A

20 REGISTRY IDENTIFICATION CARD UNDER THIS ARTICLE. INFORMATION TO

21 BE OBTAINED BY LAW ENFORCEMENT PERSONNEL UNDER THIS SUBDIVISION

22 SHALL BE RESTRICTED TO PRESCRIPTIONS FOR PHARMACEUTICAL-GRADE

23 CANNABIS ONLY AND IS SUBJECT TO THE TIME PERIODS SET FORTH IN

24 SECTION 8752(7).

25 SEC. 8154. (1) EACH PRESCRIPTION WRITTEN FOR PHARMACEUTICAL-

26 GRADE CANNABIS SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION:

27 (A) THE DATE THE PRESCRIPTION IS WRITTEN.

24

02207'13 Draft 2 TVD

1 (B) THE DATE THE PRESCRIPTION IS FILLED.

2 © THE DOSAGE AND INSTRUCTIONS FOR USE, WHICH SHALL INCLUDE

3 THE PERCENTAGE OF TOTAL THC AND THE PERCENTAGE OF TOTAL CBD.

4 (D) THE NAME, ADDRESS, AND FEDERAL DRUG ENFORCEMENT

5 ADMINISTRATION NUMBER OF THE DISPENSING PHARMACY AND THE INITIALS

6 OF THE PHARMACIST WHO FILLS THE PRESCRIPTION.

7 (E) THE NAME, ADDRESS, AND AGE OF THE PERSON FOR WHOM THE

8 PHARMACEUTICAL-GRADE CANNABIS IS PRESCRIBED.

9 (F) THE PRODUCT BRAND NAME, IF A BRAND NAME IS SPECIFIED BY

10 THE PRESCRIBER.

11 (2) THE DEPARTMENT MAY REQUIRE THE USE OF THE ELECTRONIC

12 SYSTEM ESTABLISHED UNDER SECTION 7333A FOR MONITORING

13 PHARMACEUTICAL-GRADE CANNABIS DISPENSED UNDER THIS SECTION.

14 (3) THE DIRECTOR OF THE DEPARTMENT SHALL PERMIT ACCESS TO

15 INFORMATION SUBMITTED TO THE DEPARTMENT UNDER THIS ARTICLE ONLY

16 TO THE FOLLOWING INDIVIDUALS AND AS PROVIDED IN THIS ARTICLE:

17 (A) EMPLOYEES AND AGENTS OF THE DEPARTMENT AUTHORIZED BY THE

18 DIRECTOR OF THE DEPARTMENT.

19 (B) EMPLOYEES OF THE DEPARTMENT OF STATE POLICE AUTHORIZED

20 BY THE ADMINISTRATOR FOR THE PURPOSE OF COOPERATING AND ASSISTING

21 A GOVERNMENTAL AGENCY THAT IS RESPONSIBLE FOR THE ENFORCEMENT OF

22 LAWS RELATING TO CONTROLLED SUBSTANCES OR A PRESCRIBING PHYSICIAN

23 CONCERNING AN INDIVIDUAL SUSPECTED OF ATTEMPTING TO OBTAIN A

24 CONTROLLED SUBSTANCE BY FRAUD, DECEIT, OR MISREPRESENTATION.

25 © AN INDIVIDUAL WITH WHOM THE DEPARTMENT HAS CONTRACTED

26 UNDER SUBSECTION (8).

27 (4) INFORMATION SUBMITTED TO THE DEPARTMENT UNDER THIS

25

02207'13 Draft 2 TVD

1 SECTION IS CONFIDENTIAL, BUT MAY BE RELEASED TO PERSONS

2 AUTHORIZED BY THE DIRECTOR OF THE DEPARTMENT TO CONDUCT RESEARCH

3 STUDIES OR TO OTHER PERSONS AUTHORIZED BY THE DIRECTOR OF THE

4 DEPARTMENT. HOWEVER, SUBJECT TO SUBSECTION (5) AND SECTION 8153,

5 INFORMATION SHALL BE RELEASED FOR STATISTICAL PURPOSES ONLY.

6 (5) THE SYSTEM FOR RETRIEVAL OF INFORMATION SUBMITTED TO THE

7 DEPARTMENT UNDER THIS SECTION SHALL BE DESIGNED IN ALL RESPECTS

8 SO AS TO PRECLUDE IMPROPER ACCESS TO INFORMATION.

9 (6) EXCEPT AS OTHERWISE PROVIDED IN THIS PART, INFORMATION

10 SUBMITTED TO THE DEPARTMENT UNDER THIS SECTION SHALL BE USED ONLY

11 FOR BONA FIDE DRUG-RELATED CRIMINAL INVESTIGATORY OR EVIDENTIARY

12 PURPOSES OR FOR INVESTIGATORY OR EVIDENTIARY PURPOSES IN

13 CONNECTION WITH THE FUNCTIONS OF 1 OR MORE OF THE LICENSING

14 BOARDS CREATED IN ARTICLE 15.

15 (7) THE IDENTITY OF AN INDIVIDUAL PATIENT THAT IS SUBMITTED

16 TO THE DEPARTMENT UNDER TO THIS SECTION SHALL BE REMOVED FROM THE

17 SYSTEM FOR RETRIEVAL OF THE INFORMATION DESCRIBED IN THIS SECTION

18 AND SHALL BE DESTROYED AND RENDERED IRRETRIEVABLE NOT LATER THAN

19 THE END OF THE CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THE

20 INFORMATION WAS SUBMITTED TO THE DEPARTMENT. HOWEVER, AN

21 INDIVIDUAL PATIENT IDENTITY THAT IS NECESSARY FOR USE IN A

22 SPECIFIC ONGOING INVESTIGATION CONDUCTED IN ACCORDANCE WITH THIS

23 ACT MAY BE RETAINED IN THE SYSTEM UNTIL THE END OF THE YEAR IN

24 WHICH THE NECESSITY FOR RETENTION OF THE IDENTITY ENDS.

25 (8) THE DEPARTMENT MAY ENTER INTO CONTRACTUAL AGREEMENTS FOR

26 THE ADMINISTRATION OF THIS SECTION.

27 PART 82

26

02207'13 Draft 2 TVD

1 FACILITY LICENSING

2 SEC. 8201. TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF

3 RESIDENTS OF THIS STATE, THE DEPARTMENT SHALL LICENSE FACILITIES

4 UNDER THIS ARTICLE TO CULTIVATE, MANUFACTURE, AND TEST

5 PHARMACEUTICAL-GRADE CANNABIS IN THIS STATE. THE DEPARTMENT SHALL

6 IMPLEMENT, ADMINISTER, AND ENFORCE THIS ARTICLE TO ENSURE THAT A

7 SAFE, PURE, DOSAGE—CONSISTENT GRADE OF PHARMACEUTICAL-GRADE

8 CANNABIS IS AVAILABLE TO ELIGIBLE PATIENTS AND QUALIFYING

9 PATIENTS WHO ARE RESIDENTS OF THIS STATE.

10 SEC. 8205. (1) THE DEPARTMENT SHALL NOT ISSUE A LICENSE TO

11 AN APPLICANT TO OPERATE A PHARMACEUTICAL-GRADE CANNABIS LICENSED

12 FACILITY UNLESS THE DEPARTMENT IS SATISFIED THAT ALL OF THE

13 FOLLOWING REQUIREMENTS ARE MET:

14 (A) ALL FEES REQUIRED UNDER THIS ARTICLE HAVE BEEN PAID.

15 (B) THE APPLICANT WILL OPERATE THE LICENSED FACILITY IN

16 COMPLIANCE WITH THIS ARTICLE.

17 © THE APPLICANT IS AN ADULT OF GOOD MORAL CHARACTER.

18 (D) THE APPLICANT IS NOT DELINQUENT IN FILING ANY TAX

19 RETURNS WITH A TAXING AGENCY; PAYING ANY TAXES, INTEREST, OR

20 PENALTIES; PAYING ANY JUDGMENTS DUE TO A GOVERNMENT AGENCY;

21 REPAYING GOVERNMENT-INSURED STUDENT LOANS; OR PAYING CHILD

22 SUPPORT.

23 (E) THE APPLICANT WILL NOT HIRE OR CONTRACT WITH ANY

24 INDIVIDUAL IN THE COURSE OF OPERATING A LICENSED FACILITY WITHOUT

25 FIRST CONDUCTING A CRIMINAL HISTORY CHECK IN THE MANNER

26 PRESCRIBED IN RULES PROMULGATED UNDER THIS ARTICLE.

27 (F) THE PREMISES WERE INSPECTED AND THE INSPECTION OF THE

27

02207'13 Draft 2 TVD

1 PREMISES AND THE OPERATIONS OF THE APPLICANT DID NOT REVEAL ANY

2 REASON TO DENY THE LICENSE.

3 (G) THE CRIMINAL HISTORY CHECK CONDUCTED UNDER SUBSECTION

4 (2) DID NOT REVEAL ANY FELONY CONVICTIONS.

5 (H) ANY OTHER CRITERIA ESTABLISHED IN RULES PROMULGATED

6 UNDER THIS ARTICLE.

7 (2) AT THE TIME OF FILING AN APPLICATION FOR ISSUANCE OR

8 RENEWAL OF A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY

9 LICENSE, AN APPLICANT SHALL SUBMIT A SET OF HIS OR HER

10 FINGERPRINTS AND FILE PERSONAL HISTORY INFORMATION CONCERNING THE

11 PERSON'S QUALIFICATIONS FOR A LICENSE UNDER THIS ARTICLE. THE

12 DEPARTMENT SHALL SUBMIT THE FINGERPRINTS TO THE DEPARTMENT OF

13 STATE POLICE FOR THE PURPOSE OF CONDUCTING FINGERPRINT-BASED

14 CRIMINAL HISTORY CHECKS. THE DEPARTMENT OF STATE POLICE SHALL

15 FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION

16 FOR THE PURPOSE OF CONDUCTING FINGERPRINT-BASED CRIMINAL HISTORY

17 CHECKS. THE DEPARTMENT MAY ACQUIRE A NAME-BASED CRIMINAL HISTORY

18 CHECK FOR AN APPLICANT WHO HAS TWICE SUBMITTED TO A FINGERPRINT-

19 BASED CRIMINAL HISTORY CHECK UNDER THIS PART AND WHOSE

20 FINGERPRINTS ARE UNCLASSIFIABLE. AN APPLICANT WHO HAS PREVIOUSLY

21 SUBMITTED FINGERPRINTS UNDER THIS PART MAY REQUEST THAT THE

22 FINGERPRINTS ON FILE BE USED. THE DEPARTMENT SHALL USE THE

23 INFORMATION RESULTING FROM THE FINGERPRINT-BASED CRIMINAL HISTORY

24 CHECK TO INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS

25 QUALIFIED TO HOLD A LICENSE UNDER THIS ARTICLE. THE DEPARTMENT

26 MAY VERIFY ANY OF THE INFORMATION AN APPLICANT IS REQUIRED TO

27 SUBMIT.

28

02207'13 Draft 2 TVD

1 SEC. 8209. THE DEPARTMENT MAY DELEGATE THE DUTY OF

2 INSPECTIONS FOR APPROVAL OR RENEWAL OF PHARMACEUTICAL-GRADE

3 CANNABIS LICENSED FACILITY LICENSES TO A LOCAL HEALTH DEPARTMENT

4 THAT HAS THE TECHNICAL AND OTHER CAPABILITIES TO PROTECT THE

5 PUBLIC HEALTH, SAFETY, AND WELFARE IN THIS FIELD. THE DELEGATION

6 SHALL NOT TAKE PLACE UNLESS THE DEPARTMENT HAS FIRST CONSULTED

7 WITH AN AD HOC COMMITTEE THAT SHALL BE APPOINTED BY THE

8 DEPARTMENT FOR THE PURPOSE OF ADVISING ON THAT DELEGATION.

9 MEMBERSHIP ON THE AD HOC COMMITTEE SHALL INCLUDE REPRESENTATIVES

10 OF THE DEPARTMENT, LOCAL PUBLIC HEALTH AGENCIES, AND AN

11 ASSOCIATION THAT REPRESENTS THE PHARMACEUTICAL-GRADE CANNABIS

12 LICENSED FACILITIES THAT WOULD BE SUBJECT TO THE INSPECTIONS. IF

13 DELEGATED UNDER THIS SECTION, THE STATE SHALL REIMBURSE EACH

14 LOCAL HEALTH DEPARTMENT THE FULL AMOUNT OF THE FEES COLLECTED, AS

15 REIMBURSEMENT FOR THE COST OF INSPECTION, ON VOUCHERS CERTIFIED

16 BY THE LOCAL HEALTH OFFICER AND APPROVED BY THE DEPARTMENT.

17 SEC. 8211. NOT LATER THAN THE THIRTIETH DAY BEFORE THE

18 EXPIRATION OF AN ANNUAL LICENSE UNDER THIS PART, A PERSON

19 OPERATING A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY

20 SEEKING RELICENSURE SHALL APPLY FOR LICENSE RENEWAL AND SHALL PAY

21 A FEE AS PRESCRIBED IN THIS ARTICLE. UPON COMPLIANCE BY AN

22 APPLICANT FOR LICENSE RENEWAL WITH THE REQUIREMENTS OF THIS

23 ARTICLE AND PAYMENT OF THE LICENSE RENEWAL FEE, THE DEPARTMENT

24 SHALL ISSUE A RENEWAL LICENSE.

25 PART 83

26 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY OPERATIONS

27 SEC. 8301. A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY

29

02207'13 Draft 2 TVD

1 SHALL ESTABLISH LEGAL CONTROL OF ITS PHYSICAL LOCATION. THE

2 PHYSICAL LOCATION SHALL MEET ALL APPLICABLE STATE AND LOCAL

3 ZONING LAWS.

4 SEC. 8303. (1) A PHARMACEUTICAL-GRADE CANNABIS LICENSED

5 FACILITY SHALL NOTIFY THE DEPARTMENT IN WRITING OF THE NAME,

6 ADDRESS, AND DATE OF BIRTH OF AN OFFICER, DIRECTOR, PARTNER,

7 MEMBER, MANAGER, OR EMPLOYEE BEFORE THE INDIVIDUAL IS ASSOCIATED

8 WITH OR BEGINS WORKING AT THE LICENSED FACILITY. THE LICENSED

9 FACILITY SHALL OBTAIN THE INDIVIDUAL'S IDENTIFICATION AND HAVE A

10 CRIMINAL HISTORY CHECK CONDUCTED TO DETERMINE IF THAT INDIVIDUAL

11 IS QUALIFIED TO WORK AT OR BE ASSOCIATED WITH THE LICENSED

12 FACILITY UNDER THIS ARTICLE.

13 (2) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL

14 NOTIFY THE DEPARTMENT IN WRITING WITHIN 10 DAYS AFTER AN OFFICER,

15 DIRECTOR, PARTNER, MEMBER, MANAGER, OR EMPLOYEE CEASES TO WORK AT

16 OR OTHERWISE BE ASSOCIATED WITH THE LICENSED FACILITY.

17 (3) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL

18 NOT ACQUIRE, POSSESS, CULTIVATE, DELIVER, TRANSFER, TRANSPORT,

19 SUPPLY, SELL, OR DISPENSE PHARMACEUTICAL-GRADE CANNABIS FOR ANY

20 PURPOSE EXCEPT AS PROVIDED IN THIS ARTICLE.

21 (4) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL

22 NOT POSSESS MORE THAN THE AMOUNT OF PHARMACEUTICAL-GRADE CANNABIS

23 PLANTS OR DRIED PHARMACEUTICAL-GRADE CANNABIS ALLOWED IN ITS

24 INVENTORY AS PRESCRIBED IN RULES PROMULGATED UNDER THIS ARTICLE.

25 (5) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL

26 DESTROY ALL MARIHUANA THAT IT CULTIVATES OR THAT IS OTHERWISE IN

27 ITS POSSESSION THAT IS DETERMINED NOT TO BE PHARMACEUTICAL-GRADE

30

02207'13 Draft 2 TVD

1 CANNABIS. A LICENSED FACILITY SHALL KEEP RECORDS OF ITS

2 ACTIVITIES UNDER THIS SUBSECTION IN ORDER TO VERIFY ITS

3 COMPLIANCE TO THE DEPARTMENT.

4 (6) PHARMACEUTICAL-GRADE CANNABIS SHALL MEET THE FOLLOWING

5 STANDARDS:

6

MICROBIOLOGICAL

7

MICROBIOLOGICAL ANALYSIS FPL SPECIFICATIONS

8

TOTAL COLIFORMS <3 MPN/G

9

STD. PLATE COUNT AEROBIC <100 CFU/G

10

STD. PLATE COUNT ANAEROBIC <100 CFU/G

11

ESCHERICHIA COLI ABSENT

12

SALMONELLA ABSENT

13

STAPHYLOCOCCUS AUREUS <100 CFU/G

14

YEAST AND MOLDS <100 CFU/G

15

16

MYCOTOXINS

17

TEST SPECIFICATION

18

AFLATOXIN B1 <20 μG/KG OF SUBSTANCE

19

AFLATOXIN B2 <20 μG/KG OF SUBSTANCE

20

AFLATOXIN O1 <20 μG/KG OF SUBSTANCE

21

AFLATOXIN O2 <20 μG/KG OF SUBSTANCE

22

OCHRATOXIN A <20 μG/KG OF SUBSTANCE

23

24

HEAVY METALS

25

METAL NHP ACCEPTABLE LIMITS

26

μG/KG BW/DAY

27

ARSENIC <0.14

28

CADMIUM <0.09

29

LEAD <0.29

30

MERCURY <0.29

31

02207'13 Draft 2 TVD

1 SEC. 8305. A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY

2 MAY BE A PROFIT OR NONPROFIT ENTITY.

3 SEC. 8307. A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY

4 MAY OPERATE ON ANY CALENDAR DAYS OF THE WEEK, BUT SHALL DO ALL OF

5 THE FOLLOWING:

6 (A) PROHIBIT SMOKING OR CONSUMPTION OF MARIHUANA ON ITS

7 PREMISES.

8 (B) MAINTAIN ALL RECORDS REQUIRED UNDER THIS ARTICLE ON ITS

9 PREMISES.

10 © ALLOW UNANNOUNCED INSPECTION OF ITS PREMISES DURING

11 REASONABLE BUSINESS HOURS BY ANY STATE, FEDERAL, OR LOCAL

12 GOVERNMENTAL AGENCY AUTHORIZED TO INSPECT THE LICENSED FACILITY

13 UNDER THIS ARTICLE.

14 SEC. 8309. IN ADDITION TO THE PROVISIONS OF SECTION 2946 OF

15 THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2946, IN

16 A PRODUCT LIABILITY ACTION AGAINST A PHARMACEUTICAL-GRADE

17 CANNABIS LICENSED FACILITY, PHARMACEUTICAL-GRADE CANNABIS IS NOT

18 DEFECTIVE OR UNREASONABLY DANGEROUS, AND THE PHARMACEUTICAL-GRADE

19 CANNABIS LICENSED FACILITY IS NOT LIABLE, IF THE PRODUCT SOLD WAS

20 TESTED AND DETERMINED TO MEET THE STANDARDS FOR PHARMACEUTICAL-

21 GRADE CANNABIS UNDER THIS ARTICLE.

22 PART 84

23 SALE AND DISTRIBUTION OF PHARMACEUTICAL-GRADE CANNABIS

24 SEC. 8401. (1) A PHARMACEUTICAL-GRADE CANNABIS LICENSED

25 FACILITY SHALL NOT SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL-

26 GRADE CANNABIS EXCEPT AS PROVIDED IN THIS SECTION.

32

02207'13 Draft 2 TVD

1 (2) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL

2 NOT SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL-GRADE CANNABIS

3 DIRECTLY TO THE PUBLIC.

4 (3) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL

5 SELL PHARMACEUTICAL-GRADE CANNABIS ONLY TO A LICENSED PHARMACIST

6 OR RETAIL PHARMACY TO BE DISPENSED ONLY TO PATIENTS WHO POSSESS

7 VALID ENHANCED PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARDS,

8 AND TO OTHER PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES

9 FOR PURPOSES PROVIDED FOR UNDER THIS ARTICLE. PHARMACEUTICAL-

10 GRADE CANNABIS DISPENSED BY A LICENSED PHARMACIST OR RETAIL

11 PHARMACY SHALL HAVE AFFIXED UPON EACH PACKAGE AND CONTAINER IN

12 WHICH THE CANNABIS IS CONTAINED A LABEL SHOWING IN LEGIBLE

13 ENGLISH THE NAME AND ADDRESS OF THE MANUFACTURER, THE DATE THE

14 PRESCRIPTION IS FILLED, THE DOSAGE, INCLUDING THE TOTAL

15 PERCENTAGE OF THC AND TOTAL PERCENTAGE OF CBD, THE NAME OF THE

16 PATIENT, AND THE NAME AND ADDRESS OF THE DISPENSING PHARMACIST.

17 (4) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY MAY

18 SELL OR OTHERWISE DISTRIBUTE PHARMACEUTICAL-GRADE CANNABIS TO

19 PHARMACIES FOR SALE OR DISTRIBUTION ONLY TO QUALIFIED PATIENTS AS

20 PROVIDED IN THIS ARTICLE.

21 (5) A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY SHALL

22 REPORT TO THE DEPARTMENT ON A QUARTERLY BASIS ALL QUANTITIES OF

23 PHARMACEUTICAL-GRADE CANNABIS SOLD TO LICENSED PHARMACISTS,

24 RETAIL PHARMACIES, AND OTHER PHARMACEUTICAL-GRADE CANNABIS

25 LICENSED FACILITIES. THE REPORT SHALL BE IN WRITING AND SHALL

26 INCLUDE THE NAME AND ADDRESS OF EACH PHARMACIST, RETAIL PHARMACY,

27 AND PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY TO WHICH THE

33

02207'13 Draft 2 TVD

1 PHARMACEUTICAL-GRADE CANNABIS IS SOLD. A REPORT UNDER THIS SUB-

2 SECTION MAY BE TRANSMITTED ELECTRONICALLY, IF THE TRANSMISSION IS

3 ULTIMATELY REDUCED TO WRITING.

4 PART 85

5 ENFORCEMENT

6 SEC. 8501. (1) THE DEPARTMENT SHALL ENFORCE THIS ARTICLE AND

7 THE APPLICABLE PROVISIONS OF ARTICLE 7 AND SHALL CONDUCT ANNUAL

8 INSPECTIONS OF PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES

9 TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND

10 ARTICLE 7.

11 (2) UPON A FINDING THAT AN EMERGENCY EXISTS REQUIRING

12 IMMEDIATE ACTION TO PROTECT THE PUBLIC HEALTH, SAFETY, AND

13 WELFARE, THE DEPARTMENT MAY ISSUE AN ORDER TO SUSPEND THE LICENSE

14 OF A PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY WITHOUT

15 NOTICE OR HEARING. THE ORDER SHALL RECITE THE EXISTENCE OF THE

16 EMERGENCY AND THE FACTS SUPPORTING A DETERMINATION OF THE NEED TO

17 PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE. NOTWITHSTANDING THIS

18 ACT OR THE ADMINISTRATIVE PROCEDURES ACT OF 1969, THE ORDER SHALL

19 BE EFFECTIVE IMMEDIATELY. A PERSON TO WHOM THE ORDER IS DIRECTED

20 SHALL COMPLY IMMEDIATELY BUT, ON APPLICATION TO THE DEPARTMENT,

21 SHALL BE AFFORDED A HEARING WITHIN 15 DAYS. ON THE BASIS OF THE

22 HEARING, THE ORDER OF SUMMARY SUSPENSION SHALL BE CONTINUED,

23 MODIFIED, OR DISSOLVED NOT LATER THAN 30 DAYS AFTER THE HEARING.

24 SEC. 8503. (1) IN ADDITION TO ANY OTHER PENALTIES PRESCRIBED

25 OR REMEDIES PROVIDED IN THIS ARTICLE, ARTICLE 7, AND ARTICLE 15,

26 THE DEPARTMENT MAY, ON ITS OWN MOTION OR ON RECEIPT OF A

27 COMPLAINT, AND AFTER AN INVESTIGATION AND A HEARING BEFORE AN

34

02207'13 Draft 2 TVD

1 ADMINISTRATIVE LAW JUDGE AT WHICH THE PHARMACEUTICAL-GRADE

2 CANNABIS LICENSED FACILITY LICENSEE IS AFFORDED AN OPPORTUNITY TO

3 BE HEARD, SUSPEND OR REVOKE A FACILITY LICENSE ISSUED UNDER THIS

4 ARTICLE. THE DEPARTMENT MAY SUSPEND OR REVOKE A LICENSE FOR ANY

5 VIOLATION BY THE LICENSEE, A BOARD MEMBER, AN AGENT, OR AN

6 EMPLOYEE OF THE LICENSED FACILITY OR OF ANY OF THE TERMS,

7 CONDITIONS, OR PROVISIONS OF THE LICENSE ISSUED BY THE

8 DEPARTMENT. THE DEPARTMENT MAY ADMINISTER OATHS AND ISSUE

9 SUBPOENAS TO REQUIRE THE PRESENCE OF PERSONS AND THE PRODUCTION

10 OF PAPERS, BOOKS, AND RECORDS NECESSARY TO THE DETERMINATION OF

11 ANY HEARING THAT THE DEPARTMENT IS AUTHORIZED TO CONDUCT.

12 (2) THE DEPARTMENT SHALL PROVIDE NOTICE OF SUSPENSION OR

13 REVOCATION, AS WELL AS ANY REQUIRED NOTICE OF A HEARING, BY

14 MAILING THE SAME IN WRITING TO THE LICENSED FACILITY AT THE

15 ADDRESS CONTAINED IN THE LICENSE. IF A LICENSE IS SUSPENDED OR

16 REVOKED, NO PART OF THE FEES PAID FOR THE LICENSE UNDER THIS

17 ARTICLE OR UNDER ARTICLE 7 SHALL BE RETURNED TO THE LICENSEE. THE

18 DEPARTMENT MAY SUMMARILY SUSPEND A LICENSE WITHOUT NOTICE PENDING

19 ANY PROSECUTION, INVESTIGATION, OR PUBLIC HEARING. NOTHING IN

20 THIS SECTION SHALL PREVENT THE SUMMARY SUSPENSION OF A LICENSE

21 FOR A TEMPORARY PERIOD OF NOT MORE THAN 15 DAYS.

22 SEC. 8505. IN ANY LICENSING HEARING HELD BY THE DEPARTMENT

23 UNDER THIS ARTICLE, A PERSON SHALL NOT REFUSE, UPON REQUEST OF

24 THE DEPARTMENT, TO TESTIFY OR PROVIDE OTHER INFORMATION ON THE

25 GROUNDS OF SELF-INCRIMINATION. ANY TESTIMONY OR OTHER INFORMATION

26 PRODUCED IN THE HEARING AND ANY INFORMATION DIRECTLY OR

27 INDIRECTLY DERIVED FROM THE TESTIMONY OR OTHER INFORMATION SHALL

35

02207'13 Draft 2 TVD

1 NOT BE USED AGAINST THE PERSON IN ANY CRIMINAL PROSECUTION BASED

2 ON A VIOLATION OF THIS ARTICLE EXCEPT A PROSECUTION FOR PERJURY

3 COMMITTED WHILE TESTIFYING. CONTINUED REFUSAL TO TESTIFY OR

4 PROVIDE OTHER INFORMATION IS GROUNDS FOR THE SUSPENSION OR

5 REVOCATION OF A LICENSE OR REGISTRATION CARD ISSUED UNDER THIS

6 ARTICLE.

7 SEC. 8507. (1) THE OWNER, OPERATOR, OR AGENT OF A

8 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY WHO KNOWINGLY

9 VIOLATES THIS ARTICLE OR WHO ESTABLISHES OR OPERATES A

10 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY IN VIOLATION OF

11 THIS ARTICLE IS GUILTY OF A CRIME AS FOLLOWS:

12 (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND ©, THE

13 PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR

14 NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $10,000.00, OR

15 BOTH.

16 (B) EXCEPT AS PROVIDED IN SUBDIVISION ©, IF THE PERSON HAS

17 1 PRIOR CONVICTION FOR VIOLATING THIS ARTICLE, THE PERSON IS

18 GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE

19 THAN 180 DAYS OR A FINE OF NOT MORE THAN $50,000.00, OR BOTH.

20 © IF THE PERSON HAS 2 OR MORE PRIOR CONVICTIONS FOR

21 VIOLATING THIS ARTICLE, OR INTENTIONALLY VIOLATES THIS ARTICLE,

22 THE PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT

23 FOR NOT MORE THAN 2 YEARS OR A FINE OF NOT MORE THAN $100,000.00,

24 OR BOTH.

25 (2) SUBSECTION (1) DOES NOT PROHIBIT THE PERSON FROM BEING

26 CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION

27 OF LAW COMMITTED BY THE PERSON WHILE VIOLATING THIS SECTION.

36

02207'13 Draft 2 Final Page TVD

1 SEC. 8509. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A

2 PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITY THAT HAS BEEN

3 ISSUED A LICENSE UNDER THIS ARTICLE, OR ANY OWNER, OPERATOR,

4 OFFICER, DIRECTOR, PARTNER, MEMBER, MANAGER, OR EMPLOYEE OF THE

5 LICENSED FACILITY, IS NOT SUBJECT TO ARREST, PROSECUTION, OR

6 PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR PRIVILEGE,

7 INCLUDING, BUT NOT LIMITED TO, CIVIL PENALTY OR DISCIPLINARY

8 ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING

9 BOARD OR BUREAU, FOR THE CULTIVATION, DISTRIBUTION, AND SALE OF

10 PHARMACEUTICAL-GRADE CANNABIS UNDER THIS ARTICLE FOR USE BY

11 QUALIFYING PATIENTS IN THE MANNER PRESCRIBED IN THE MICHIGAN

12 MEDICAL MARIHUANA ACT AND BY ELIGIBLE PATIENTS IN THE MANNER

13 PRESCRIBED IN THIS ARTICLE.

14 SEC. 8511. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A

15 LOCAL GOVERNMENTAL UNIT SHALL NOT ENACT OR ENFORCE AN ORDINANCE

16 REGARDING PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES. A

17 LOCAL GOVERNMENTAL UNIT MAY LIMIT THE NUMBER OF PHARMACEUTICAL-

18 GRADE CANNABIS LICENSED FACILITIES THAT MAY OPERATE IN THE LOCAL

19 GOVERNMENTAL UNIT AND MAY ENACT REASONABLE ZONING REGULATIONS

20 APPLICABLE TO PHARMACEUTICAL-GRADE CANNABIS LICENSED FACILITIES

21 BASED ON LOCAL GOVERNMENT ZONING, HEALTH, AND SAFETY LAWS FOR THE

22 CULTIVATION, DISTRIBUTION, AND SALE OF PHARMACEUTICAL-GRADE

23 CANNABIS.

24 Enacting section 1. Sections 7335 and 7336 of the public

25 health code, 1978 PA 368, MCL 333.7335 and 333.7336, are

26 repealed.

[Zerocool]

16 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD TO AN ELIGIBLE

17 PATIENT WHO IS RECOMMENDED BY A PHYSICIAN TO OBTAIN A

18 REGISTRATION CARD AND WHO PROPERLY APPLIES FOR THAT CARD. BEFORE

19 ISSUING A CARD TO AN ELIGIBLE PATIENT UNDER THIS SECTION, THE

20 DEPARTMENT SHALL DETERMINE WHETHER THE INDIVIDUAL HAS PREVIOUSLY

21 BEEN CONVICTED OF ILLEGALLY MANUFACTURING, CREATING,

22 DISTRIBUTING, POSSESSING, OR USING A CONTROLLED SUBSTANCE OR

23 CONSPIRING OR ATTEMPTING TO MANUFACTURE, CREATE, DISTRIBUTE,

24 POSSESS, OR USE A CONTROLLED SUBSTANCE IN THIS STATE OR

25 ELSEWHERE. IF THE INDIVIDUAL HAS PREVIOUSLY BEEN CONVICTED OF

26 ILLEGALLY MANUFACTURING, CREATING, DISTRIBUTING, POSSESSING, OR

27 USING A CONTROLLED SUBSTANCE OR CONSPIRING OR ATTEMPTING TO

1 MANUFACTURE, CREATE, DISTRIBUTE, POSSESS, OR USE A CONTROLLED

2 SUBSTANCE IN THIS STATE OR ELSEWHERE, THE DEPARTMENT SHALL NOT

3 SHALL NOT ISSUE A REGISTRATION CARD TO THAT INDIVIDUAL.

4 (2) IF AN INDIVIDUAL HAS A REGISTRY IDENTIFICATION CARD AS

5 DEFINED IN SECTION 3 OF THE MICHIGAN MEDICAL MARIHUANA ACT, 2008

6 IL 1, MCL 333.26423, THE DEPARTMENT SHALL REQUIRE THE INDIVIDUAL

7 TO SURRENDER THAT CARD BEFORE ISSUING THE INDIVIDUAL AN ENHANCED

8 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD UNDER THIS

9 SECTION.

[bobandtorey]

[phaquetoo]

16 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD TO AN ELIGIBLE

17 PATIENT WHO IS RECOMMENDED BY A PHYSICIAN TO OBTAIN A

18 REGISTRATION CARD AND WHO PROPERLY APPLIES FOR THAT CARD. BEFORE

19 ISSUING A CARD TO AN ELIGIBLE PATIENT UNDER THIS SECTION, THE

20 DEPARTMENT SHALL DETERMINE WHETHER THE INDIVIDUAL HAS PREVIOUSLY

21 BEEN CONVICTED OF ILLEGALLY MANUFACTURING, CREATING,

22 DISTRIBUTING, POSSESSING, OR USING A CONTROLLED SUBSTANCE OR

23 CONSPIRING OR ATTEMPTING TO MANUFACTURE, CREATE, DISTRIBUTE,

24 POSSESS, OR USE A CONTROLLED SUBSTANCE IN THIS STATE OR

25 ELSEWHERE. IF THE INDIVIDUAL HAS PREVIOUSLY BEEN CONVICTED OF

26 ILLEGALLY MANUFACTURING, CREATING, DISTRIBUTING, POSSESSING, OR

27 USING A CONTROLLED SUBSTANCE OR CONSPIRING OR ATTEMPTING TO

1 MANUFACTURE, CREATE, DISTRIBUTE, POSSESS, OR USE A CONTROLLED

2 SUBSTANCE IN THIS STATE OR ELSEWHERE, THE DEPARTMENT SHALL NOT

3 SHALL NOT ISSUE A REGISTRATION CARD TO THAT INDIVIDUAL.

4 (2) IF AN INDIVIDUAL HAS A REGISTRY IDENTIFICATION CARD AS

5 DEFINED IN SECTION 3 OF THE MICHIGAN MEDICAL MARIHUANA ACT, 2008

6 IL 1, MCL 333.26423, THE DEPARTMENT SHALL REQUIRE THE INDIVIDUAL

7 TO SURRENDER THAT CARD BEFORE ISSUING THE INDIVIDUAL AN ENHANCED

8 PHARMACEUTICAL-GRADE CANNABIS REGISTRATION CARD UNDER THIS

9 SECTION.

Hey do you know jack me hoff?

[GregS]

Cut the crap.

[phaquetoo]

Cut the crap.

I think a link would have been better, than we could go to it and read it, or as much of it as we wanted to, ive read that a zillion times, why do I have to have it copy and paisted in here as many times as he had to ,,,,,,,,,to get it all on here!  How many people do you think realy read all of the copy and paiste?

 

"oh you said cut the crap, nasty, why do you want to lick the knife? lol"

 

Just saying a simple link would have been nice, than those of us who have read it a dozen or more times could have breezed thru it and been done, instead it takes up the whole page!

 

I was very tired last nite when I started to read it all, I guess I could have just waited till this morning and wrote a better comment.

 

Peace

[Zerocool]

Hey do you know jack me hoff?

Well some one sent me the pdf of the bill so maybe the next time I wont post any thing and when you right are gone for doing your own thing you will say why did not any one post the bill so we could read it. so I guess from now on I will not post any thing here and just keep the info to myself

have a great day

[bobandtorey]

The bill is currently flawed.

Can you post the link to the Bill so that we all can read it ?

[Natesilver]

Well some one sent me the pdf of the bill so maybe the next time I wont post any thing and when you right are gone for doing your own thing you will say why did not any one post the bill so we could read it. so I guess from now on I will not post any thing here and just keep the info to myselfhave a great day

Hi zerocool, when they sent you that PDF did they tell you it was the edible bill?

[Natesilver]

I find it very suspect that in both threads about the edible/concentrate bill, someone has posted part of the prairie plant bill. Why? Have they been mislead by someone with an agenda? The prairie plant bill is scary, and it's moo poo. I hope board leadership would not engage in a campaign of deception and subterfuge as a means towards their own agenda. They oppose the edibles/concentrate bill. Whatever. But to purposely mislead and scare people, especially people who may not be savvy such things, is shameful.

[Zerocool]

Hi zerocool, when they sent you that PDF did they tell you it was the edible bill?

that they did