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Thread: HB 5580 Amendment NEWEST

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    HB 5580 Amendment NEWEST

    Ignore Attachment I had to edit this here since it would not allow me to copy and paste it as was so I probably missed a few things.

    RED TEXT IS STRIKE OUT Bold Black is additions

    HOUSE BILL No. 5580

    May 1, 2012, Introduced by Reps. Callton, Daley and Cavanagh and referred to the Committee on Judiciary.

    A bill to regulate medical marihuana provisioning centers and “Cooperatives” or

    "Collectives"
    ; to provide for powers and duties of local units of government

    concerning medical marihuana provisioning centers; to provide for

    certain immunities for persons engaging in activities in accordance

    with this act; and to provide for penalties and sanctions for

    violations of this act.

    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 and collective or cooperative

    regulation act".

    Sec. 2. As used in this act:

    (a) "Excluded felony offense" means a felony involving illegal This is subject to change

    drugs. It does not include a conviction for activity allowed under

    the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to

    333.26430, or this act, even if the activity occurred prior to the

    enactment of the Michigan medical marihuana act, 2008 IL 1, MCL

    333.26421 to 333.26430, or this act.


    (b) "Medical marihuana provisioning center" or "provisioning center" means a

    commercial entity located in this state that

    acquires, possesses, cultivates, manufactures,
    Manufactures relates to making edibles, tinctures, etc. but this needs better wording so it can not be misrepresented as having the right to grow. Ideas please


    delivers, transfers, or transports marihuana

    acquired from Michigan registered qualifying patients or Michigan registered

    primary caregivers and sells, supplies, or dispenses marihuana

    to registered qualifying patients, directly or through the

    patients' registered primary caregivers. Provisioning center

    includes any commercial property where marihuana is sold to

    qualifying patients and their registered primary caregivers.

    (C)“Cooperative” or "Collective" means a non-profit entity located in Michigan that acquires, possesses, delivers, transfers, and/or transports

    marihuana and sells, supplies, and/or dispenses marihuana to registered qualifying patients, directly or through registered Michigan primary

    caregivers. “Cooperative” or "Collective" includes any commercial property where marihuana is sold to qualifying patients and registered primary

    caregivers.


    © (d)"Municipality" means a city, township, or village.

    (d) (e) "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.

    (e) (f)"Provisioning center and collective or cooperative agent" means a principal officer,

    board member, employee, operator, or agent of a provisioning center and collective or

    cooperative.


    (f) "Registered primary caregiver" means a person who has been

    issued a valid, unexpired registry identification card pursuant to

    section 6(d) of the Michigan medical marihuana act, 2008 IL 1, MCL

    333.26426, or who satisfies the criteria listed in section 9(b) or

    © of the Michigan medical marihuana act, 2008 IL 1, MCL

    333.26429, and possesses the documentation that constitutes a valid

    registry identification card under that section.

    (g) "Registered qualifying patient" means a person who meets

    any of the following requirements:

    (i) Has been issued a valid qualifying patient registry

    identification card pursuant to section 6(a) or (b) of the Michigan

    medical marihuana act, 2008 IL 1, MCL 333.26426.

    (ii) Satisfies the criteria listed in section 9(b) or © of

    the Michigan medical marihuana act, 2008 IL 1, MCL 333.26429, and

    possesses the documentation that that section establishes as a

    valid registry identification card.

    (h) "Safety compliance facility" means an entity that tests

    marihuana produced for medical use for contaminants or potency.

    (i) "Safety compliance facility agent" means a principal

    officer, board member, employee, operator, or agent of a safety

    compliance facility.

    (j) "Secure cultivation facility" means a nonresidential

    building or location within a nonresidential building that is

    equipped with locks or other security devices to prevent

    unauthorized entry. A secure cultivation facility shall allow

    access only to the following:

    (i) A registered primary caregiver or provisioning center agent

    of the provisioning center that controls the secure cultivation

    facility.

    (ii) A municipal employee performing inspections, if

    inspections are authorized by municipal law.

    (iii) Emergency personnel while responding to an emergency.

    (iv) If accompanied by a provisioning center agent and by

    permission or request of the provisioning center, a member of the

    media or a government official.

    (v) If accompanied by a provisioning center agent, a

    registered qualifying patient or registered primary caregiver.


    (vi) If accompanied by a provisioning center agent, a

    contractor who is not engaged in the provisioning center's

    cultivation, distribution, or possession of marihuana.

    (k) "Seedling" means a marihuana plant that has no flowers, is

    less than 12 inches in height, and is less than 12 inches in

    diameter.

    (l) "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.

    (m) "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 that allows the medical use of marihuana by the

    patient.

    Sec. 3. (1) Except as provided in this act, if a provisioning

    center or collective or cooperative has been granted any applicable

    required municipal registration or license and is operating in

    accordance with this act and any applicable municipal ordinance,

    the provisioning center or collective or cooperative and the

    provisioning center or collective or cooperative 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.

    © Search or inspection, except for an inspection authorized by

    the municipality, and which said municipality gives a registered

    written notice 72 hours prior to inspection to be signed for by

    the provisioning center or collective or cooperative .

    (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 the regulation and

    sanctions under subsection (1) include all of the following:

    (a) Purchasing or receiving marihuana seeds from visiting

    qualifying patients,
    Michigan registered qualifying patients or Michigan

    registered primary caregivers, or provisioning centers.

    (b) Purchasing or receiving marihuana, including seedlings,

    from 1 or more other provisioning centers
    or collective or cooperative if purchasing or

    receiving marihuana from the provisioning center
    or collective or cooperative is not prohibited

    by the municipality where the provisioning center is located.

    © Purchasing or receiving marihuana from a registered Michigan

    qualifying patient or a Michigan registered primary caregiver if purchasing

    or receiving marihuana from a registered qualifying patient or

    registered primary caregiver is not prohibited by the municipality

    where the provisioning center or collective or cooperative

    is located and if the amount purchased does not exceed the

    registered qualifying patient's or registered primary caregiver's

    possession limits under the Michigan medical marihuana act,

    2008 IL 1, MCL 333.26421 to 333.26430.

    (d) Cultivating or manufacturing marihuana in a secure

    cultivation facility, except that seedlings need not be in a secure

    cultivation facility when they are transported.


    (e) Possessing or manufacturing marihuana paraphernalia.
    Manufactures relates to making edibles, tinctures, etc. but this needs better wording so it can not be misrepresented as having the right to grow. Ideas please

    (f) Possessing or processing marihuana produced by
    a registered Michigan

    qualifying patient or a Michigan registered primary caregiver


    provisioning center or obtained pursuant to subdivision (a) or (b)

    on the provisioning center premises or collective or cooperative,

    at a secure cultivation facility, or while the marihuana is being

    transported pursuant to this section.

    (g) If not prohibited by municipal law, transporting

    marihuana, including seedlings, between the provisioning center

    or collective or cooperative and another provisioning center or

    collective or cooperative
    , the provisioning center and a secured

    cultivation facility,
    or the provisioning center or collective or cooperative

    and a safety compliance facility.

    (h) Transporting or delivering marihuana or paraphernalia to

    the residence of a registered qualifying patient or a registered

    primary caregiver if delivery is not prohibited by the municipality

    or municipalities where the delivery and transportation occur.

    (i) Supplying, selling, dispensing, transferring, or

    delivering marihuana, paraphernalia, or related supplies and

    educational materials in accordance with the procedures and

    limitations detailed in section 7(12) to (14).

    Sec. 4. (1) Except as provided in this act, a safety

    compliance facility that has been granted any applicable required

    municipal registration or license and is operating in accordance

    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.

    © 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 marihuana obtained from registered

    qualifying patients, registered primary caregivers, or provisioning

    centers or collectives or cooperatives.


    (b) Returning the marihuana to the registered qualifying

    patient, registered primary caregiver, or provisioning center

    or collective or cooperative that delivered the marihuana to

    the safety compliance facility.

    © Transporting marihuana to or from a registered qualifying

    patient, registered primary caregiver, or provisioning center

    or collective or cooperative .

    (d) Possessing marihuana on the safety compliance facility's

    premises for testing, if the 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 collectives or cooperatives or safety compliance

    facilities
    within the municipality. A provisioning center or collective or

    cooperative or safety compliance
    is not exempt

    under section 3 from state criminal and civil penalties if it operates in a

    municipality that prohibits provisioning centers or collectives or cooperatives

    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 collective or

    cooperative
    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 collective or cooperative

    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 collective or cooperative 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 or collective or

    cooperative or a safety compliance facility provide results of testing

    of its marihuana and marihuana products for quality control, purity,

    contaminants, or any other analysis to protect the health and safety

    of medical marihuana patients and to assure compliance with this act and a municipal

    ordinance adopted under this act.

    Sec. 6. (1) The exemptions for a provisioning center or collective or

    cooperative
    or safety compliance facility under section 3 or 4 apply only if the

    indicated activities are carried out in accordance with this act.

    (2) All other acts and parts of acts inconsistent with this

    act do not apply to the medical use of marihuana as provided for by

    this act.



    Sec. 7. (1) Except as explicitly allowed by a municipal

    ordinance
    predating the effective date of this act,
    Specific language for Grandfather clause needed for this section. Input please

    a provisioning center, or collective or cooperative a secure cultivation facility,

    or a safety compliance facility shall not be located within 1,000 feet of the property

    line of a pre-existing primary or secondary school.

    (2) A secure cultivation facility shall not be located on

    residential property.


    (3) A provisioning center or collective or cooperative shall no

    t share office space with a physician.

    (4) Each provisioning center location or collective or

    cooperative
    and secure cultivation facility shall have a

    security alarm system that is enabled whenever provisioning center or collective or

    cooperative agents
    are not present.

    (5) A provisioning center
    or collective or

    cooperative
    shall not sell, transfer, or

    dispense a marihuana infused product unless it is labeled with both

    of the following:

    (a) The weight of marihuana contained.

    (b) The words - "WARNING: This product contains Medical marihuana. For

    a qualifying patient's medical use only." or substantially similar

    text.

    (6) A provisioning center or collective or cooperative shall not

    advertise marihuana for sale on a billboard, television, or radio.

    The department of licensing and regulation may promulgate additional rules

    restricting advertising of marihuana. The rules shall not prohibit

    appropriate signs on the property of the provisioning center, or collective or

    cooperative
    websites for the provisioning center or collective or

    cooperative
    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.

    (7) A provisioning center or collective or

    cooperative
    or safety compliance facility shall

    not knowingly employ an agent with an excluded felony offense or

    who is under 21 years of age. A provisioning center or collective or

    cooperative
    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 does not have a conviction for an excluded felony offense.

    (8) Each provisioning center or collective or

    cooperative
    shall maintain records listing

    each agent for the provisioning center or collective or

    cooperative
    , including the beginning employment date and the date

    a background check was performed.

    (9) A provisioning center or collective or

    cooperative
    shall not allow on-site consumption

    of marihuana, except that a provisioning center or collective or

    cooperative
    employee who is a medical marihuana patient may

    be permitted to use a marihuana infused topical product.

    (10) A provisioning center shall not dispense more than 2.5

    ounces of useable marihuana in any 10 5-day day period to a

    registered qualifying patient, directly or through his or her

    primary caregiver.

    (11) A provisioning center
    or collective or

    cooperative
    shall ensure compliance with the

    dispensing limit under subsection (10) by maintaining internal,

    confidential records that specify the amount of 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 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

    number instead of the patient's or caregiver's name. Confidential

    dispensing records 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 are exempt from

    disclosure under the freedom of information act, 1976 PA 442, MCL

    15.231 to 15.246. Except as required by a court order, a

    provisioning center or collective or cooperative may not disclose

    confidential dispensing records to any person other than a municipal

    employee performing an inspection in accordance with this subsection

    or a provisioning center agent.

    (12) A provisioning center agent shall not dispense, transfer,

    or sell marihuana to a person knowing that the person is not a

    registered qualifying patient, registered primary caregiver, or

    dispensary agent working on behalf of a provisioning center that is

    not prohibited from operating or obtaining marihuana from other

    provisioning centers under municipal law.

    (13) Before marihuana is dispensed or sold from a provisioning

    center or collective or cooperative , in addition to complying with subsection (14), a


    provisioning center agent shall do 1 of the following:

    (a) Verify that the person requesting marihuana holds what the

    provisioning center
    or collective or cooperative agent reasonably believes to be an unexpired

    primary caregiver or a qualifying patient registry identification

    card.

    (b) Require the person requesting 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 at least 20 days earlier.

    (ii) Certify that to the best of his or her knowledge, the

    state has not denied the application 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 applications at least 20 days before

    the date of the requested sale or transaction.

    © If the person requesting marihuana purports to be a

    provisioning center agent or collective or cooperative , make a diligent, good-faith effort to

    verify that the person is a provisioning center or collective or

    cooperative
    agent for a provisioning center or collective or

    cooperative
    that is allowed to operate by a municipality.

    (14) Before marihuana is dispensed or sold from a provisioning

    center or collective or cooperative , a provisioning center or collective or

    cooperative
    agent shall make a diligent, good-faith effort to determine

    that the person named in the registry identification card or other

    documentation submitted under subsection (13) is the person seeking

    to obtain marihuana, by examining what the provisioning center

    or collective or cooperative agent reasonably believes to

    be valid government-issued photo identification.

    (15) A person who is under 21 years of age or who has been

    convicted of an excluded felony offense shall not serve as a

    provisioning center or collective or cooperative agent or safety

    compliance facility agent. A person 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 collective or cooperative

    or of a safety compliance facility.

    (16) A provisioning center or collective or cooperative agent

    shall not, for monetary compensation, refer an individual to a physician.

    (17) A provisioning center or collective or

    cooperative
    or safety compliance facility shall

    not permit a physician to advertise in a dispensary provisioning center

    or collective or cooperative or safety compliance facility or to hold any

    financial interest in or receive any compensation from the provisioning center

    or collective or cooperative secure cultivation facility.

    (18) A provisioning center or collective or cooperative agent

    or safety compliance facility agent shall not transport or possess marihuana

    on behalf of the provisioning center or collective or cooperative

    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 collective or cooperative

    or safety compliance facility that employs the agent,

    stating the agent's name, the date the marihuana will be transported,

    the approximate amount of marihuana transported, and the name of the

    provisioning center or collective or cooperative or safety compliance

    facility from which the marihuana is being transported.


    (b) The 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 or collective or cooperative

    that violates section 7(1) to (3) 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 dispensary, or collective or cooperative

    secure cultivation facility, or safety compliance facility operates in violation

    of section 7(1) to (3) may petition the court for an injunction to close the

    provisioning center or collective or cooperative or cultivation facility.

    (2) A violation of section 7(4) to (11) is a state civil

    infraction for which a violator may be ordered to pay a civil fine

    of not more than $1,000.00.

    (3) A person who transfers marihuana in violation of section

    7(12) to (14) or who works in violation of section 7(15) is not

    exempt from arrest, prosecution, or criminal or other penalties

    under section 3 or 4.

    (4) A person who violates section 7(16) or (17) is responsible

    for a civil infraction and may be ordered to pay a civil fine of

    not more than $1,000.00.

    (5) A person who violates section 7(18) 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) Municipalities are encouraged to establish

    procedures to suspend or revoke a registration or license, or other

    permission
    to operate if a provisioning center or collective or cooperative

    knowingly or negligently allows marihuana to be dispensed to a person

    who is not a registered qualifying patient or registered primary caregiver or

    if a provisioning center or collective or cooperative or safety compliance

    facility commits multiple or serious violations of this act or municipal

    regulations.

    (2) Nothing in this act requires the violation of federal law

    or purports to give immunity from prosecution under federal law.

    (3) Nothing in this act poses an obstacle to federal

    enforcement of federal law.

    Sec. 10. (1) Except as 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 or collective or cooperative

    that is registered, licensed, or otherwise allowed by the municipality

    in which it operates in accordance with this act is not subject

    to any of the following for engaging in that activity:

    (a) Criminal penalties under state law or local ordinance.

    (b) State or local civil prosecution.

    © 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 provided in this act, Pursuant to the Michigan

    medical marijuana act section 333.26424 Sec. 4.
    (a) 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 or collectives or

    cooperatives within a 10 5-day period.

    (b) Supplying, selling, transferring, or delivering marihuana

    to a provisioning center or collective or cooperative that is registered,

    licensed, or otherwise allowed by the municipality in which it

    operates if all of the following conditions are met:

    (I) The marihuana was produced by the registered qualifying

    patient or registered primary caregiver.

    (ii) The municipality in which the provisioning center or collective

    or cooperative
    operates allows the transfer of marihuana from

    a registered qualifying patient to a dispensary provisioning center or collective

    or cooperative .


    (iii) The amount of marihuana transferred does not exceed the

    amount of marihuana the registered qualifying patient is allowed to

    possess.

    (3) Except as 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 or collectives or cooperatives not more than 2.5 ounces of usable marihuana

    in a 10-5 day period for 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.

    (b) Supplying, selling, transferring, or delivering marihuana

    to a provisioning center or collective or cooperative that is registered, licensed, or

    otherwise allowed by the municipality in which it operates in compliance with

    all of the following:

    (I) The marihuana is produced by the registered primary

    caregiver and is excess marihuana above the amount necessary to

    satisfy the registered qualifying patients the primary caregiver is

    designated to serve.

    (ii) The municipality in which the provisioning center and collective or cooperative is

    located allows the transfer of marihuana from a registered primary

    caregiver to a provisioning center
    or collective or cooperative .

    (iii) The amount of marihuana transferred does not exceed the amount of marihuana

    the registered primary caregiver is allowed to possess.

    Sec. 11. Michigan registered patients and Michigan registered caregivers

    retain all rights as pertains to the Michigan medical marihuana act of 2008.

    Registered patients and caregivers residences are not subject to inspections.

    Registered patients and caregivers are not subject to search or seizure

    of his or her residence or personal property by the state or a municipality

    without a court issued warrant.

    Attached Files Attached Files
    Last edited by restlesslegs; 05-18-2012 at 09:33 AM.

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

    CgOrganic (03-29-2013),Vapor (03-29-2013)

  3. #2
    Thanks I was wondering where it went. lol
    Gandhi
    Civil disobedience becomes a sacred duty when the state has become lawless or corrupt. And a citizen who barters with such a state shares in its corruption and lawlessness...

    Visit http://realcbd.org

  4. The Following User Says Thank You to blueberry For This Useful Post:

    restlesslegs (03-28-2013)

  5. #3
    as for the "manufacture" part couldnt you use " manufacturing products"

    manufacturing products - Defined edibles,Injestables tinctures, etc (excluding Medical Maruijuaua)

  6. #4
    Nice bit of work there Dena. I see you are more than just a pretty face
    King of the Caprines, Boss of the Bovids.

  7. #5
    Beauty and brains, Hot Damn I could almost be intimidating hehehehe

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