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Thread: Changes to the mmmact as a result of legislation passed on 12/13/2012

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    Exclamation Changes to the mmmact as a result of legislation passed on 12/13/2012

    http://cheboygannorml.org/wp-content...ate12-2012.pdf

    CHANGES TO THE MMM ACT AS A RESULT OF
    LEGISLATION PASSED ON 12/13/2012

    HB 4834 amends Section 6 of the MMMAct (MCL 333.26426)
    1) There is now a requirement that patients and caregivers be Michigan residents.
    PROOF OF MICHIGAN RESIDENCY
    For the purposes of this subdivision, a person shall be considered to have proved legal residency
    in this state if any of the following apply:

    (i) The person provides a copy of a valid, lawfully obtained Michigan Driver License issued under
    the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, or an official State Personal\
    Identification Card issued under 1972 PA 222, MCL 28.291 to 28.300.
    (ii) The person provides a copy of a valid Michigan voter registration.


    2) The MMMAct states the department shall verify an application within 15 days from the day it is
    received by the department. This was changed to 15 BUSINESS days (M-F), weekends no longer
    count toward the 15 day verification process.

    3) The MMMAct states the department has 5 days to mail out card to qualifying patients and
    caregivers. This was changed to 5 BUSINESS days (M-F), weekends no longer count toward the
    5 days the department has to mail out your card.

    4) The MMMAct states that MMP Registry I.D. cards are good for one year. This was extended to
    two (2) years.

    5) The legislature added the word CONTRACTOR to the list of people who are authorized to access
    confidential patient and caregiver information from the MMP Registry. This was done to allow the
    Department to subcontract the administrative duites of the program out to a third party vendor.

    6) The following provisions were also added to Section 6:
    (i) A provision to allow a third party vendor to manage the administrative duties of the program
    (ii) A provision that mandates the assembly of a panel to review new conditions
    (iii) A provision to establish a Medical Marihuana Trust Fund where all monies paid in application
    fees would remain instead of being deposited into the General Fund



    HB 4851 amends Sections 3, 4, and 8 (MCL 333.26423, 333.26424, and 333.26428)

    Section 3 amendments:
    1) Adds a new definition for Bona Fide Physician-Patient Relationship
    Bona Fide Physician-Patient Relationship means a treatment or counseling relationship between
    a physician and patient in which all the following are present:
    (i) The physician has reviewed the patient’s medical records and completed a full assessment of
    the patient’
    s medical history and current medical condition, including a relevant, in-person,
    medical evaluation of the patient.
    (ii) The physician has created and maintained records of the patient’s condition in accord with
    medically accepted standards.
    (iii) The physician has a reasonable expectation that he or she will provide follow-up care to the
    patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient’s
    debilitating medical condition.
    (iv) If the patient has given permission, the physician has notified the patient’s primary care
    physician of the patient’s debilitating medical condition and certification for the use of medical
    marihuana to treat that condition.

    2) The “Department” now means the Department of Licensing and Regulatory Affiars

    3) An “Enclosed, locked facility” now means and includes:

    “Enclosed, locked facility” means a closet, room, or other COMPARABLE, STATIONARY, AND
    FULLY enclosed area equipped with SECURED locks or other FUNCTIONING security devices
    that permit access only by a registered primary caregiver or registered qualifying patient.

    MARIHUANA PLANTS GROWN OUTDOORS ARE CONSIDERED TO BE IN AN ENCLOSED,
    LOCKED FACILITY IF THEY ARE NOT VISIBLE TO THE UNAIDED EYE FROM AN
    ADJACENT PROPERTY WHEN VIEWED BY AN INDIVIDUAL AT GROUND LEVEL OR FROM
    A PERMANENT STRUCTURE AND ARE GROWN WITHIN A STATIONARY STRUCTURE THAT
    IS ENCLOSED ON ALL SIDES, EXCEPT FOR THE BASE, BY CHAIN-LINK FENCING,
    WOODEN SLATS, OR A SIMILAR MATERIAL THAT PREVENTS ACCESS BY THE GENERAL
    PUBLIC AND THAT IS ANCHORED, ATTACHED, OR AFFIXED TO THE GROUND; LOCATED
    ON LAND THAT IS OWNED, LEASED, OR RENTED BY EITHER THE REGISTERED
    QUALIFYING PATIENT OR A PERSON DESIGNATED THROUGH THE DEPARTMENTAL
    REGISTRATION PROCESS AS THE PRIMARY CAREGIVER FOR THE REGISTERED
    QUALIFYING PATIENT OR PATIENTS FOR WHOM THE MARIHUANA PLANTS ARE GROWN;
    AND EQUIPPED WITH FUNCTIONING LOCKS OR OTHER SECURITY DEVICES THAT
    RESTRICT ACCESS TO ONLY THE REGISTERED QUALIFYING PATIENT OR THE
    REGISTERED PRIMARY CAREGIVER WHO OWNS, LEASES, OR RENTS THE PROPERTY
    ON WHICH THE STRUCTURE IS LOCATED.


    ENCLOSED, LOCKED FACILITY INCLUDES A
    MOTOR VEHICLE IF BOTH OF THE FOLLOWING CONDITIONS ARE MET:

    (i) THE VEHICLE IS BEING USED TEMPORARILY TO TRANSPORT LIVING MARIHUANA
    PLANTS FROM 1 LOCATION TO ANOTHER WITH THE INTENT TO PERMANENTLY RETAIN
    THOSE PLANTS AT THE SECOND LOCATION.
    (ii) AN INDIVIDUAL IS NOT INSIDE THE VEHICLE UNLESS HE OR SHE IS EITHER THE
    REGISTERED QUALIFYING PATIENT TO WHOM THE LIVING MARIHUANA PLANTS
    BELONG OR THE INDIVIDUAL DESIGNATED THROUGH THE DEPARTMENTAL
    REGISTRATION PROCESS AS THE PRIMARY CAREGIVER FOR THE REGISTERED
    QUALIFYING PATIENT.

    4) A “Primary caregiver” OR “CAREGIVER” means a person who is at least 21 years old and
    who has agreed to assist with a patient’s medical use of marihuana and who has NOT
    BEEN CONVICTED OF ANY FELONY WITHIN THE PAST 10 YEARS AND HAS NEVER
    BEEN CONVICTED OF A FELONY INVOLVING ILLEGAL DRUGS OR A FELONY THAT IS
    AN ASSAULTIVE CRIME AS DEFINED IN SECTION 9A OF CHAPTER X OF THE CODE OF
    CRIMINAL PROCEDURE, 1927 PA 175, MCL 770.9A.

    5) “Qualifying patient” OR “PATIENT” means a person who has been diagnosed by a physician as
    having a debilitating medical condition.

    6) “Written certification” means a document signed by a physician, stating ALL OF THE FOLLOWING:
    (i) THE patient’s debilitating medical condition
    (ii) THE PHYSICIAN HAS COMPLETED A FULL ASSESSMENT OF THE PATIENT’S MEDICAL
    HISTORY AND CURRENT MEDICAL CONDITION, INCLUDING A RELEVANT, IN-PERSON,
    MEDICAL EVALUATION

    (iii) 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.
    Section 4 amendments:

    1) The following language was added at the end of Section 4(a):
    THE PRIVILEGE FROM ARREST UNDER THIS SUBSECTION APPLIES ONLY IF THE
    QUALIFYING PATIENT PRESENTS BOTH HIS OR HER REGISTRY IDENTIFICATION CARD
    AND A VALID DRIVER LICENSE OR GOVERNMENT-ISSUED IDENTIFICATION CARD THAT
    BEARS A PHOTOGRAPHIC IMAGE OF THE QUALIFYING PATIENT.

    2) The following language was added to Section 4(b):
    THE PRIVILEGE FROM ARREST UNDER THIS SUBSECTION APPLIES ONLY IF THE
    PRIMARY CAREGIVER PRESENTS BOTH HIS OR HER REGISTRY IDENTIFICATION CARD
    AND A VALID DRIVER LICENSE OR GOVERNMENT-ISSUED IDENTIFICATION CARD THAT
    BEARS A PHOTOGRAPHIC IMAGE OF THE PRIMARY CAREGIVER. THIS SUBSECTION
    APPLIES ONLY IF the primary caregiver possesses an amount of marihuana that does not
    exceed......

    Section 8 amendment:

    The only change made to Section 8 is in the very first sentence:
    Except as provided in section 7(B), a patient and a patient’s primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that....


    HB 4853 is a bill to amend 1927 PA 175, MCL 777.13(n)
    This bill is NOT an amendment to the Michigan Medical Marihuana Act. It is stand alone legislation that adds the penalties enumerated in MCL 333.26424(k) to the Public Health Code.

    HB 4856 is a bill to amend 1931 PA 328, MCL 750.1 to 750.568, by adding Section 474
    This bill is NOT an amendment to the Michigan Medical Marihuana Act. It is stand alone legislation that adds restrictions to “land travel” with medical marijuana.

    SEC. 474.
    1) A PERSON SHALL NOT TRANSPORT OR POSSESS USABLE MARIHUANA AS DEFINED IN
    SECTION 26423 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.26423, IN OR UPON
    A MOTOR VEHICLE OR ANY SELF PROPELLED VEHICLE DESIGNED FOR LAND TRAVEL
    UNLESS THE USABLE MARIHUANA IS 1 OR MORE OF THE FOLLOWING:
    (i) ENCLOSED IN A CASE THAT IS CARRIED IN THE TRUNK OF THE VEHICLE
    (ii) ENCLOSED IN A CASE THAT IS NOT READILY ACCESSIBLE FROM THE INTERIOR OF
    THE VEHICLE, IF THE VEHICLE IN WHICH THE PERSON IS TRAVELING DOES NOT
    HAVE A TRUNK.

    (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR PUNISHABLE
    BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN
    $500.00, OR BOTH.
    Last edited by Mr_Green; 12-21-2012 at 07:53 PM.

  2. The Following 6 Users Say Thank You to Mr_Green For This Useful Post:

    CgOrganic (12-21-2012),drtarzanmd (12-29-2012),I wood (01-26-2013),restlesslegs (12-21-2012),roofratMI (12-21-2012),washtenaut (12-21-2012)

  3. #2

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  5. #4
    LOL I was looking for some place that had these and here it was all the time! Thanks Mr. Green

  6. #5
    lol...

  7. #6

  8. #7
    good luck bro.. its not very easy in Michigan trust me .. short grow season and weather thats all over the place.. ya it will grow but u will be fighting bugs mold heat just to name a few.. let alone proper genetics for this climate..


    i was busy all summer as u guys know.. but in the end i did better indoors ... no b.s. bud rot sucks.. not to mention my visit from having them outside..

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  10. #9
    Can't believe i just noticed that ....
    I' ve had my card just before Christmas ...
    I was SHOCKED how fast it came back ,
    i sent it in two months earily
    and it came back in less then 30 days ....

    Now i just Looked ....
    Holy Fok a Duk ....
    My card is Good for two years ...
    I guarantee that 'll effect the price of Doctors
    I hope Im wrong ?

    We all knew it was coming....
    in all honesty ...
    MOST of the Patients and Caregivers have been
    Following these rules before they were even made law .....
    We ALL KNEW it was going to take people like
    Blueberry to RAISE HELL ....
    Gather his Support ....
    We Live in a Fok' ed up World ....
    I mean ALOT of people having Tough Times ....

    I surely Hope & Pray 2013 gets better for some of US ....
    Just Be Carefull Out there ....
    Be Carefull who You Trust .....
    Thank You to those still Fighting ....
    Thank You for your Service ....
    You Guys Rock out there in the Fight ....
    Thanks for keeping Us informed ....
    Thank You ....

  11. The Following 4 Users Say Thank You to drtarzanmd For This Useful Post:

    CgOrganic (12-29-2012),restlesslegs (12-29-2012),roofratMI (12-29-2012),washtenaut (12-29-2012)

  12. #10
    2 year card...nice. We haven't forgot you did your time early on in this fight big guy, thanks for that Much appreciated.
    We aren't done yet, we expect we will have to get more of the lawmakers minds right in 2013. This isn't over yet. Not by a long shot.
    King of the Caprines, Boss of the Bovids.

  13. The Following User Says Thank You to CgOrganic For This Useful Post:

    drtarzanmd (12-29-2012)

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