February 23, 2012, Introduced by Senators JONES, KAHN, MARLEAU and PAPPAGEORGE and referred to the Committee on Judiciary.
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending sections 3 and 5 (MCL 333.26423 and 333.26425).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
3. Definitions.
Sec. 3. (1) As used in this act:
(a) Except as otherwise provided in subsection (2),
"Debilitating
"debilitating medical condition" means 1 or more of
the following:
(i) (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.
(ii) (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.
(iii) (3)
Any other medical condition or its
treatment approved
by the department, as provided for in section 5(a).
(b) "Department" means the state department of community
health.
(c) "Enclosed, locked facility" means a closet, room, or other
enclosed area equipped with locks or other security devices that
permit access only by a registered primary caregiver or registered
qualifying patient.
(d) "Marihuana" means that term as defined in section 7106 of
the public health code, 1978 PA 368, MCL 333.7106.
(e) "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.
(f) "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.
(g) "Primary 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 of a felony involving
illegal drugs.
(h) "Qualifying patient" means a person who has been diagnosed
by a physician as having a debilitating medical condition.
(i) "Registry identification card" means a document issued by
the department that identifies a person as a registered qualifying
patient or registered primary caregiver.
(j) "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.
(k) "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.
(l) "Written certification" means a document signed by a
physician, stating the patient's debilitating medical condition and
stating that, 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.
(2) For purposes of this act, on and after the effective date
of the amendatory act that added this subsection, glaucoma or its
treatment is not a debilitating medical condition.
5. Department to Promulgate Rules.
Sec.
5. (a) Not later than 120 days after the effective date
of
this act, the The department shall promulgate rules pursuant to
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, that govern the manner in which the department shall
consider the addition of medical conditions or treatments to the
list
of debilitating medical conditions set forth in section 3(a)
of
this act. 3(1)(a). In promulgating rules, the department shall
allow for petition by the public to include additional medical
conditions and treatments. In considering such petitions, the
department shall include public notice of, and an opportunity to
comment in a public hearing upon, such petitions. The department
shall, after hearing, approve or deny such petitions within 180
days of the submission of the petition. The approval or denial of
such a petition shall be considered a final department action,
subject to judicial review pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Jurisdiction and venue for judicial review are vested in the
circuit court for the county of Ingham. The department shall not
include glaucoma or its treatment in the list of debilitating
medical conditions under this act.
(b)
Not later than 120 days after the effective date of this
act,
the The department shall promulgate rules pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, that govern the manner in which it shall consider
applications for and renewals of registry identification cards for
qualifying patients and primary caregivers. The department's rules
shall establish application and renewal fees that generate revenues
sufficient to offset all expenses of implementing and administering
this act. The department may establish a sliding scale of
application and renewal fees based upon a qualifying patient's
family income. The department may accept gifts, grants, and other
donations from private sources in order to reduce the application
and renewal fees.