February 19, 2013, Introduced by Reps. Callton, McMillin, Pettalia, Bumstead, Foster, Daley, Irwin, Dillon, Stanley, Hovey-Wright, MacMaster, Ananich, Stallworth, Cavanagh, Singh, Yonker and Potvin and referred to the Committee on Judiciary.
A bill to regulate medical marihuana provisioning centers and
other related entities; to provide for the powers and duties of
certain state and local governmental officers and entities; to
provide immunity for persons engaging in certain activities in
compliance with this act; to prescribe penalties and sanctions and
provide remedies; and to allow the promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"medical marihuana provisioning center regulation act".
Sec. 2. As used in this act:
(a) "Debilitating medical condition" means that term as
defined in section 3 of the Michigan medical marihuana act, MCL
333.26423.
(b) "Excluded felony offense" means a felony involving illegal
drugs. Excluded felony offense does not include a conviction for
activity allowed under the Michigan medical marihuana act or this
act, even if the activity occurred before the enactment of this act
or the Michigan medical marihuana act.
(c) "Marihuana" means that term as defined in section 3 of the
Michigan medical marihuana act, MCL 333.26423.
(d) "Medical marihuana" means marihuana for medical use as
that term is defined in section 3 of the Michigan medical marihuana
act, MCL 333.26423.
(e) "Medical marihuana provisioning center" or "provisioning
center" means a commercial entity located in this state that
acquires, possesses, cultivates, manufactures, delivers, transfers,
or transports medical marihuana and sells, supplies, or dispenses
medical marihuana to registered qualifying patients, directly or
through the patients' registered primary caregivers. Provisioning
center includes any commercial property where medical marihuana is
sold to registered qualifying patients and registered primary
caregivers.
(f) "Michigan medical marihuana act" means the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
(g) "Municipality" means a city, township, or village.
(h) "Paraphernalia" means drug paraphernalia as defined in
section 7451 of the public health code, 1978 PA 368, MCL 333.7451,
that is or may be used in association with medical marihuana.
(i) "Provisioning center agent" means a principal officer,
board member, employee, or operator, or any other individual acting
as an agent of a provisioning center.
(j) "Registered primary caregiver" means a person who has a
valid, unexpired registry identification card as a primary
caregiver or who satisfies the criteria listed in section 9(b) or
(c) of the Michigan medical marihuana act, MCL 333.26429, and
possesses the documentation that constitutes a valid registry
identification card under that section.
(k) "Registered qualifying patient" means a person who meets
any of the following requirements:
(i) Has a valid, unexpired registry identification card as a
qualifying patient.
(ii) Satisfies the criteria listed in section 9(b) or (c) of
the Michigan medical marihuana act, MCL 333.26429, and possesses
the documentation that constitutes a valid registry identification
card under that section.
(l) "Registry identification card" means that term as defined
in section 3 of the Michigan medical marihuana act, MCL 333.26423.
(m) "Safety compliance facility" means an entity that tests
marihuana produced for medical use for contaminants or potency.
(n) "Safety compliance facility agent" means a principal
officer, board member, employee, operator, or agent of a safety
compliance facility.
(o) "Seedling" means a marihuana plant that has no flowers, is
less than 12 inches in height, and is less than 12 inches in
diameter.
(p) "Usable marihuana" means the completely dried leaves and
flowers of the marihuana plant but does not include the seeds,
stalks, nondried leaves, or roots of the plant. Any cooking mixture
or preparation used to prepare marihuana infused ingestible or
topical products is not usable marihuana, if the ingestible or
topical product has or will have the amount of actual marihuana
plant material used in its preparation clearly marked on its
packaging.
(q) "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 and who possesses a registry identification card,
or its equivalent, that was issued under the laws of another state,
district, territory, commonwealth, or insular possession of the
United States and that allows the use of medical marihuana by the
patient.
Sec. 3. (1) Except as otherwise provided in this act, if a
provisioning center has been granted any applicable required
municipal registration or license and is operating in compliance
with this act and any applicable municipal ordinance, the
provisioning center and the provisioning center agents acting on
its behalf are not subject to any of the following for engaging in
activities described in subsection (2):
(a) Criminal penalties under state law or local ordinances.
(b) State or local civil prosecution.
(c) Search or inspection, except for an inspection authorized
by the municipality.
(d) Seizure.
(e) Any sanction, including disciplinary action or denial of a
right or privilege, by a business or occupational or professional
licensing board or bureau.
(2) Activities that are exempt from regulation and sanctions
under subsection (1) include all of the following:
(a) Purchasing or receiving marihuana seeds to grow medical
marihuana from visiting qualifying patients, registered qualifying
patients, registered primary caregivers, or provisioning centers.
(b) Purchasing or receiving medical marihuana, including
seedlings, from 1 or more other provisioning centers if purchasing
or receiving medical marihuana from the provisioning center is not
prohibited by the municipality where the provisioning center is
located.
(c) Purchasing or receiving medical marihuana from a
registered qualifying patient or a registered primary caregiver if
purchasing or receiving medical marihuana from a registered
qualifying patient or registered primary caregiver is not
prohibited by the municipality where the provisioning center is
located and if the amount purchased does not exceed the registered
qualifying patient's or registered primary caregiver's medical
marihuana possession limits under the Michigan medical marihuana
act.
(d) Cultivating or manufacturing medical marihuana.
(e) Possessing or manufacturing paraphernalia.
(f) Possessing or processing medical marihuana produced by the
provisioning center or obtained pursuant to subdivision (a) or (b)
on the provisioning center premises or while the medical marihuana
is being transported pursuant to this section.
(g) If not prohibited by municipal law, transporting medical
marihuana, including seedlings, between the provisioning center and
another provisioning center or a safety compliance facility.
(h) Transporting or delivering medical marihuana or
paraphernalia to the residence of a registered qualifying patient
or a registered primary caregiver if transportation and delivery
are not prohibited by the municipality in which the transportation
and delivery occur.
(i) Supplying, selling, dispensing, transferring, or
delivering medical marihuana, paraphernalia, or related supplies
and educational materials in compliance with the procedures and
limitations detailed in section 7(11) to (13).
Sec. 3a. An entity that, on the effective date of this act, is
operating in this state as a provisioning center, is operating and
continues to operate in compliance with this act, and is not
prohibited by any applicable municipal ordinance may continue to
operate as a provisioning center under this act. An entity
described in this section is considered a provisioning center under
this act, and the entity and the agents acting on its behalf are
eligible for the immunity provided in this act and are subject to
the penalties, sanctions, and remedies prescribed or provided in
this act.
Sec. 4. (1) Except as otherwise provided in this act, a safety
compliance facility that has been granted any applicable required
municipal registration or license and is operating in compliance
with any applicable municipal ordinance and this act is not subject
to any of the following for engaging in activities described in
subsection (2):
(a) Criminal penalties under state law or local ordinances.
(b) State or local civil prosecution.
(c) Search or inspection, except for an inspection authorized
by the municipality.
(d) Seizure.
(e) Any sanction, including disciplinary action or denial of a
right or privilege, by a business or occupational or professional
licensing board or bureau.
(2) Activities that are exempt from regulation and sanction
under subsection (1) include all of the following:
(a) Acquiring or possessing medical marihuana obtained from
registered qualifying patients, registered primary caregivers, or
provisioning centers.
(b) Returning the medical marihuana to the registered
qualifying patient, registered primary caregiver, or provisioning
center that delivered the medical marihuana to the safety
compliance facility.
(c) Transporting medical marihuana to or from a registered
qualifying patient, registered primary caregiver, or provisioning
center.
(d) Possessing medical marihuana on the safety compliance
facility's premises for testing, if the medical marihuana was
obtained pursuant to subdivision (a) or (b).
(e) Receiving compensation for actions permitted pursuant to
this section and municipal law.
Sec. 5. (1) A municipality may prohibit the operation of
provisioning centers or safety compliance facilities within the
municipality. A provisioning center is not exempt under section 3
from state criminal and civil penalties if it operates in a
municipality that prohibits provisioning centers. A safety
compliance facility is not exempt under section 4 from state
criminal and civil penalties if it operates in a municipality that
prohibits safety compliance facilities.
(2) A municipality may enact an ordinance to impose and
enforce additional local requirements on provisioning centers or
safety compliance facilities. A municipality may require and issue
a registration or license to a provisioning center or safety
compliance facility and may regulate operations and impose civil or
criminal penalties for the violations of the local ordinance. A
municipality may charge a registration or licensing fee for a
provisioning center or safety compliance facility that does not
exceed the costs to the municipality of regulation, licensing,
testing, and inspection.
(3) A provisioning center or safety compliance facility
located in a municipality that requires a registration or license
is exempt under section 3 or 4 from criminal penalties only if the
provisioning center or safety compliance facility holds that
license or registration.
(4) A municipality may require, as a condition of registration
or licensure, that a provisioning center or a safety compliance
facility provide results of testing of its medical marihuana and
medical marihuana products for quality control, purity,
contaminants, or any other analysis to protect the health and
safety of registered qualifying patients and to assure compliance
with this act and an ordinance adopted by the municipality as
described in this section.
Sec. 6. (1) The exemptions for a provisioning center or safety
compliance facility under section 3 or 4 apply only if the
indicated activities are carried out in compliance with this act.
(2) Except for the Michigan medical marihuana act, all other
acts and parts of acts inconsistent with this act do not apply to
the use of medical marihuana as provided for by this act.
Sec. 7. (1) Unless explicitly allowed by a municipal ordinance
that was in effect before the effective date of this act, a
provisioning center or a safety compliance facility shall not be
located within 1,000 feet of the property line of a preexisting
primary or secondary school.
(2) A provisioning center shall not share office space with a
physician.
(3) The premises of a provisioning center shall have a
security alarm system that is enabled when a provisioning center
agent is not present.
(4) A provisioning center shall not sell, transfer, or
dispense a marihuana-infused product for use as medical marihuana
unless it is labeled with both of the following:
(a) The weight of marihuana contained in the product.
(b) The words "WARNING: This product contains marihuana. For a
registered qualifying patient's medical use only." or substantially
similar text.
(5) A provisioning center shall not advertise medical
marihuana for sale on a billboard, television, or radio. The
department of licensing and regulatory affairs may promulgate rules
restricting advertising of medical marihuana. The rules shall not
prohibit appropriate signs on the property of a provisioning
center, internet websites for a provisioning center or registered
primary caregiver, listings in business directories or telephone
books, listings in trade or medical print or online publications,
or advertising the sponsorship of health or not-for-profit charity
or advocacy events.
(6) A provisioning center or safety compliance facility shall
not knowingly employ an individual who has been convicted of an
excluded felony offense during the immediately preceding 10-year
period or who is under 21 years of age. A provisioning center or
safety compliance facility shall perform a background check on an
individual before he or she is offered employment to verify that he
or she has not been convicted of an excluded felony offense during
the immediately preceding 10-year period.
(7) A provisioning center shall maintain records listing each
individual employed by the provisioning center, including the
beginning employment date and the date a background check was
performed.
(8) A provisioning center shall not allow on-site consumption
of medical marihuana, except that a provisioning center agent or
employee who is a registered qualifying patient may be permitted to
use a medical marihuana-infused topical product.
(9) A provisioning center shall not dispense more than 2.5
ounces of useable marihuana in any 10-day period to a registered
qualifying patient, directly or through his or her registered
primary caregiver.
(10) A provisioning center shall ensure compliance with the
dispensing limit under subsection (9) by maintaining internal,
confidential dispensing records that specify the amount of medical
marihuana dispensed to each registered qualifying patient and
registered primary caregiver and whether it was dispensed directly
to the registered qualifying patient or the registered primary
caregiver. Each entry shall include the date and time the medical
marihuana was dispensed. Entries shall be maintained for at least
90 days. For any registered qualifying patient or registered
qualifying caregiver in possession of a registry identification
card, a record shall be kept using the patient's or caregiver's
registry identification card number instead of the patient's or
caregiver's name. Confidential dispensing records under this act
are subject to reasonable inspection by a municipal employee
authorized to inspect provisioning centers under municipal law to
ensure compliance with this act, but may be stored off-site.
Confidential dispensing records under this act are exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246. Except as otherwise required by a court order, a
provisioning center shall not disclose confidential dispensing
records to any person other than a municipal employee performing an
inspection in compliance with this subsection or to a provisioning
center agent.
(11) A provisioning center agent shall not dispense, transfer,
or sell medical marihuana to an individual knowing that the
individual is not a registered qualifying patient, registered
primary caregiver, or provisioning center agent working on behalf
of a provisioning center that is not prohibited from operating or
obtaining medical marihuana from other provisioning centers under
municipal law.
(12) Before medical marihuana is dispensed or sold from a
provisioning center, in addition to complying with subsection (13),
a provisioning center agent shall do 1 of the following:
(a) Verify that the individual requesting medical marihuana
holds what the provisioning center agent reasonably believes to be
a valid, unexpired registry identification card.
(b) Require the individual requesting medical marihuana to do
all of the following:
(i) Certify that he or she is a qualifying patient who
submitted a valid, complete application for a registry
identification card under the Michigan medical marihuana act at
least 20 days earlier.
(ii) Certify that, to the best of his or her knowledge, this
state has not denied the application described in subparagraph (i)
or issued a registry identification card.
(iii) Present a copy of the completed registry identification
card application and proof of receipt by the state department that
processes medical marihuana registry identification card
applications at least 20 days before the date of the requested sale
or transaction.
(c) If the individual requesting medical marihuana indicates
that he or she is a provisioning center agent, make a diligent,
good-faith effort to verify that the individual is a provisioning
center agent for a provisioning center that is allowed to operate
by a municipality.
(13) Before medical marihuana is dispensed or sold from a
provisioning center, a provisioning center agent shall make a
diligent, good-faith effort to determine that the individual named
in the registry identification card or other documentation
submitted under subsection (12) is the individual seeking to obtain
medical marihuana, by examining what the provisioning center agent
reasonably believes to be valid government-issued photo
identification.
(14) An individual who is under 21 years of age or who has
been convicted of an excluded felony offense during the immediately
preceding 10-year period shall not serve as a provisioning center
agent or safety compliance facility agent. An individual who has
not maintained a residence in this state for 2 years or more shall
not serve as a principal officer, board member, or operator of a
provisioning center or of a safety compliance facility.
(15) A provisioning center agent shall not, for monetary
compensation, refer an individual to a physician.
(16) A provisioning center or safety compliance facility shall
not permit a physician to advertise in a provisioning center or
safety compliance facility or to hold any financial interest in or
receive any compensation from the provisioning center or safety
compliance facility.
(17) A provisioning center agent or safety compliance facility
agent shall not transport or possess medical marihuana on behalf of
the provisioning center or safety compliance facility in or upon a
motor vehicle or any self-propelled vehicle designed for land
travel unless all of the following conditions are met:
(a) The agent possesses a document signed and dated by a
manager or operator of the provisioning center or safety compliance
facility that employs the agent, stating the agent's name, the date
the medical marihuana will be transported, the approximate amount
of medical marihuana transported, and the name of the provisioning
center or safety compliance facility from which the medical
marihuana is being transported.
(b) The medical marihuana is located in 1 or more of the
following:
(i) An enclosed locked container, such as a safe, briefcase, or
other case.
(ii) The trunk of the vehicle.
(iii) A space that is inaccessible from the passenger
compartment of the vehicle.
Sec. 8. (1) A provisioning center that violates section 7(1)
or (2) is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $5,000.00. A city or
county in which the provisioning center or safety compliance
facility operates in violation of section 7(1) or (2) may petition
the court for an injunction to close the provisioning center or
safety compliance facility.
(2) A person who violates section 7(3) to (10), (15), or (16)
is responsible for a state civil infraction and may be ordered to
pay a civil fine of not more than $1,000.00.
(3) A person who transfers medical marihuana in violation of
section 7(11) to (13) or who works in violation of section 7(14) is
not exempt from arrest, prosecution, or criminal or other penalties
under section 3 or 4.
(4) A person who violates section 7(17) is guilty of a
misdemeanor punishable by imprisonment for not more than 30 days or
a fine of not more than $500.00, or both.
Sec. 9. (1) A municipality may establish procedures to suspend
or revoke a registration, license, or other permission to operate
if a provisioning center knowingly or negligently allows medical
marihuana to be dispensed to an individual who is not a registered
qualifying patient or registered primary caregiver or if a
provisioning center or safety compliance facility commits multiple
or serious violations of this act or local ordinances.
(2) This act does not require the violation of federal law and
does not give immunity from prosecution under federal law.
(3) This act does not prevent federal enforcement of federal
law.
Sec. 10. (1) Except as otherwise provided in this act, a
visiting qualifying patient, registered qualifying patient, or
registered primary caregiver who supplies, sells, transfers, or
delivers marihuana seeds to a provisioning center that is
registered, licensed, or otherwise allowed by the municipality in
which it operates in compliance with this act is not subject to any
of the following for engaging in that activity:
(a) Criminal penalties under state law or local ordinances.
(b) State or local civil prosecution.
(c) Search or inspection, except for an inspection authorized
by the municipality.
(d) Seizure.
(e) Any sanction, including disciplinary action or denial of a
right or privilege, by a business or occupational or professional
licensing board or bureau.
(2) Except as otherwise provided in this act, a registered
qualifying patient is not subject to any of the inspections or
sanctions listed in subsection (1)(a) to (e) for any of the
following:
(a) Purchasing or acquiring not more than 2.5 ounces of usable
marihuana from 1 or more provisioning centers within a 10-day
period.
(b) Supplying, selling, transferring, or delivering medical
marihuana to a provisioning center that is registered, licensed, or
otherwise allowed by the municipality in which it operates if all
of the following requirements are met:
(i) The medical marihuana was produced by the registered
qualifying patient or registered primary caregiver.
(ii) The municipality in which the provisioning center operates
allows the transfer of medical marihuana from a registered
qualifying patient to a provisioning center.
(iii) The amount of medical marihuana transferred does not
exceed the amount of medical marihuana the registered qualifying
patient is allowed to possess under the Michigan medical marihuana
act.
(3) Except as otherwise provided in this act, a registered
primary caregiver is not subject to any of the inspections or
sanctions listed in subsection (1)(a) to (e) for any of the
following:
(a) Purchasing or acquiring from 1 or more provisioning
centers not more than 2.5 ounces of usable marihuana in a 10-day
period on behalf of a registered qualifying patient who has
designated the registered primary caregiver on his or her
application to the state department administering the medical
marihuana program under the Michigan medical marihuana act.
(b) Supplying, selling, transferring, or delivering medical
marihuana to a provisioning center that is registered, licensed, or
otherwise allowed by the municipality in which it operates if all
of the following requirements are met:
(i) The medical marihuana was produced by the registered
primary caregiver and is excess medical marihuana above the amount
necessary to satisfy the needs of the registered qualifying
patients the primary caregiver is designated to serve.
(ii) The municipality in which the provisioning center operates
allows the transfer of medical marihuana from a registered primary
caregiver to a provisioning center.
(iii) The amount of medical marihuana transferred does not
exceed the amount of medical marihuana the registered primary
caregiver is allowed to possess under the Michigan medical
marihuana act.