That is NOT the law, it is a summary. Here is HB 4851:
Note that I bolded the answer to your question about who can access the grow, and that a greenhouse is just another 'enclosed secured' grow room if built as directed.
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HB-4851, As Passed Senate, December 14, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4851
A bill to amend 2008 IL 1, entitled
"Michigan medical marihuana act,"
by amending sections 3, 4, and 8 (MCL 333.26423, 333.26424, and
333.2642
.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
3. Definitions. 1
Sec. 3. As used in this act: 2
3 (A) "BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP" MEANS A
4 TREATMENT OR COUNSELING RELATIONSHIP BETWEEN A PHYSICIAN AND
5 PATIENT IN WHICH ALL OF THE FOLLOWING ARE PRESENT:
6 (1) THE PHYSICIAN HAS REVIEWED THE PATIENT'S RELEVANT MEDICAL
7 RECORDS AND COMPLETED A FULL ASSESSMENT OF THE PATIENT'S MEDICAL
8 HISTORY AND CURRENT MEDICAL CONDITION, INCLUDING A RELEVANT, IN-
9 PERSON, MEDICAL EVALUATION OF THE PATIENT.
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1 (2) THE PHYSICIAN HAS CREATED AND MAINTAINED RECORDS OF THE
2 PATIENT'S CONDITION IN ACCORD WITH MEDICALLY ACCEPTED STANDARDS.
3 (3) THE PHYSICIAN HAS A REASONABLE EXPECTATION THAT HE OR SHE
4 WILL PROVIDE FOLLOW-UP CARE TO THE PATIENT TO MONITOR THE EFFICACY
5 OF THE USE OF MEDICAL MARIHUANA AS A TREATMENT OF THE PATIENT'S
6 DEBILITATING MEDICAL CONDITION.
7 (4) IF THE PATIENT HAS GIVEN PERMISSION, THE PHYSICIAN HAS
8 NOTIFIED THE PATIENT'S PRIMARY CARE PHYSICIAN OF THE PATIENT'S
9 DEBILITATING MEDICAL CONDITION AND CERTIFICATION FOR THE USE OF
10 MEDICAL MARIHUANA TO TREAT THAT CONDITION.
(B) (a) "Debilitating medical condition" means 1 or more of 11
the following: 12
(1) Cancer, glaucoma, positive status for human 13
immunodeficiency virus, acquired immune deficiency syndrome, 14
hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, 15
agitation of Alzheimer's disease, nail patella, or the treatment of 16
these conditions. 17
(2) A chronic or debilitating disease or medical condition or 18
its treatment that produces 1 or more of the following: cachexia or 19
wasting syndrome; severe and chronic pain; severe nausea; seizures, 20
including but not limited to those characteristic of epilepsy; or 21
severe and persistent muscle spasms, including but not limited to 22
those characteristic of multiple sclerosis. 23
(3) Any other medical condition or its treatment approved by 24
the department, as provided for in section 5(a).6(K). 25
(C) (b) "Department" means the state department of community 26
health.DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS. 27
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(D) (c) "Enclosed, locked facility" means a closet, room, or 1
other COMPARABLE, STATIONARY, AND FULLY enclosed area equipped with 2
SECURED locks or other FUNCTIONING security devices that permit 3
access only by a registered primary caregiver or registered 4
qualifying patient. 5 MARIHUANA PLANTS GROWN OUTDOORS ARE CONSIDERED
6 TO BE IN AN ENCLOSED, LOCKED FACILITY IF THEY ARE NOT VISIBLE TO
7 THE UNAIDED EYE FROM AN ADJACENT PROPERTY WHEN VIEWED BY AN
8 INDIVIDUAL AT GROUND LEVEL OR FROM A PERMANENT STRUCTURE AND ARE
9 GROWN WITHIN A STATIONARY STRUCTURE THAT IS ENCLOSED ON ALL SIDES,
10 EXCEPT FOR THE BASE, BY CHAIN-LINK FENCING, WOODEN SLATS, OR A
11 SIMILAR MATERIAL THAT PREVENTS ACCESS BY THE GENERAL PUBLIC AND
12 THAT IS ANCHORED, ATTACHED, OR AFFIXED TO THE GROUND; LOCATED ON
13 LAND THAT IS OWNED, LEASED, OR RENTED BY EITHER THE REGISTERED
14 QUALIFYING PATIENT OR A PERSON DESIGNATED THROUGH THE DEPARTMENTAL
15 REGISTRATION PROCESS AS THE PRIMARY CAREGIVER FOR THE REGISTERED
16 QUALIFYING PATIENT OR PATIENTS FOR WHOM THE MARIHUANA PLANTS ARE
17 GROWN; AND EQUIPPED WITH FUNCTIONING LOCKS OR OTHER SECURITY
18 DEVICES THAT RESTRICT ACCESS TO ONLY THE REGISTERED QUALIFYING
19 PATIENT OR THE REGISTERED PRIMARY CAREGIVER WHO OWNS, LEASES, OR
20 RENTS THE PROPERTY ON WHICH THE STRUCTURE IS LOCATED. ENCLOSED,
21 LOCKED FACILITY INCLUDES A MOTOR VEHICLE IF BOTH OF THE FOLLOWING
22 CONDITIONS ARE MET:
23 (1) THE VEHICLE IS BEING USED TEMPORARILY TO TRANSPORT LIVING
24 MARIHUANA PLANTS FROM 1 LOCATION TO ANOTHER WITH THE INTENT TO
25 PERMANENTLY RETAIN THOSE PLANTS AT THE SECOND LOCATION.
26 (2) AN INDIVIDUAL IS NOT INSIDE THE VEHICLE UNLESS HE OR SHE
27 IS EITHER THE REGISTERED QUALIFYING PATIENT TO WHOM THE LIVING
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1 MARIHUANA PLANTS BELONG OR THE INDIVIDUAL DESIGNATED THROUGH THE
2 DEPARTMENTAL REGISTRATION PROCESS AS THE PRIMARY CAREGIVER FOR THE
REGISTERED QUALIFYING PATIENT. 3
(E) (d) "Marihuana" means that term as defined in section 7106 4
of the public health code, 1978 PA 368, MCL 333.7106. 5
(F) (e) "Medical use" means the acquisition, possession, 6
cultivation, manufacture, use, internal possession, delivery, 7
transfer, or transportation of marihuana or paraphernalia relating 8
to the administration of marihuana to treat or alleviate a 9
registered qualifying patient's debilitating medical condition or 10
symptoms associated with the debilitating medical condition. 11
(G) (f) "Physician" means an individual licensed as a 12
physician under Part 170 of the public health code, 1978 PA 368, 13
MCL 333.17001 to 333.17084, or an osteopathic physician under Part 14
175 of the public health code, 1978 PA 368, MCL 333.17501 to 15
333.17556. 16
(H) (g) "Primary caregiver" OR "CAREGIVER" means a person who 17
is at least 21 years old and who has agreed to assist with a 18
patient's medical use of marihuana and who has never been convicted 19
of a felony involving illegal drugs.NOT BEEN CONVICTED OF ANY 20
FELONY WITHIN THE PAST 10 YEARS AND HAS NEVER BEEN CONVICTED OF A 21
FELONY INVOLVING ILLEGAL DRUGS OR A FELONY THAT IS AN ASSAULTIVE 22
CRIME AS DEFINED IN SECTION 9A OF CHAPTER X OF THE CODE OF CRIMINAL 23
PROCEDURE, 1927 PA 175, MCL 770.9A. 24
(I) (h) "Qualifying patient" OR "PATIENT" means a person who 25
has been diagnosed by a physician as having a debilitating medical 26
condition. 27
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(J) (i) "Registry identification card" means a document issued 1
by the department that identifies a person as a registered 2
qualifying patient or registered primary caregiver. 3
(K) (j) "Usable marihuana" means the dried leaves and flowers 4
of the marihuana plant, and any mixture or preparation thereof, but 5
does not include the seeds, stalks, and roots of the plant. 6
(l) (k) "Visiting qualifying patient" means a patient who is 7
not a resident of this state or who has been a resident of this 8
state for less than 30 days. 9
(M) (l) "Written certification" means a document signed by a 10
physician, stating the ALL OF THE FOLLOWING: 11
(1) THE patient's debilitating medical condition. and stating 12
that, in 13
14 (2) THE PHYSICIAN HAS COMPLETED A FULL ASSESSMENT OF THE
15 PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION, INCLUDING
16 A RELEVANT, IN-PERSON, MEDICAL EVALUATION.
(3) IN the physician's professional opinion, the patient is 17
likely to receive therapeutic or palliative benefit from the 18
medical use of marihuana to treat or alleviate the patient's 19
debilitating medical condition or symptoms associated with the 20
debilitating medical condition. 21
4. Protections for the Medical Use of Marihuana. 22
Sec. 4. (a) A qualifying patient who has been issued and 23
possesses a registry identification card shall not be subject to 24
arrest, prosecution, or penalty in any manner, or denied any right 25
or privilege, including but not limited to civil penalty or 26
disciplinary action by a business or occupational or professional 27
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licensing board or bureau, for the medical use of marihuana in 1
accordance with this act, provided that the qualifying patient 2
possesses an amount of marihuana that does not exceed 2.5 ounces of 3
usable marihuana, and, if the qualifying patient has not specified 4
that a primary caregiver will be allowed under state law to 5
cultivate marihuana for the qualifying patient, 12 marihuana plants 6
kept in an enclosed, locked facility. Any incidental amount of 7
seeds, stalks, and unusable roots shall also be allowed under state 8
law and shall not be included in this amount. 9 THE PRIVILEGE FROM
10 ARREST UNDER THIS SUBSECTION APPLIES ONLY IF THE QUALIFYING PATIENT
11 PRESENTS BOTH HIS OR HER REGISTRY IDENTIFICATION CARD AND A VALID
12 DRIVER LICENSE OR GOVERNMENT-ISSUED IDENTIFICATION CARD THAT BEARS
A PHOTOGRAPHIC IMAGE OF THE QUALIFYING PATIENT. 13
(b) A primary caregiver who has been issued and possesses a 14
registry identification card shall not be subject to arrest, 15
prosecution, or penalty in any manner, or denied any right or 16
privilege, including but not limited to civil penalty or 17
disciplinary action by a business or occupational or professional 18
licensing board or bureau, for assisting a qualifying patient to 19
whom he or she is connected through the department's registration 20
process with the medical use of marihuana in accordance with this 21
act. , provided that THE PRIVILEGE FROM ARREST UNDER THIS 22
23 SUBSECTION APPLIES ONLY IF THE PRIMARY CAREGIVER PRESENTS BOTH HIS
24 OR HER REGISTRY IDENTIFICATION CARD AND A VALID DRIVER LICENSE OR
25 GOVERNMENT-ISSUED IDENTIFICATION CARD THAT BEARS A PHOTOGRAPHIC
IMAGE OF THE PRIMARY CAREGIVER. THIS SUBSECTION APPLIES ONLY IF the 26
primary caregiver possesses an amount of marihuana that does not 27
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exceed: 1
(1) 2.5 ounces of usable marihuana for each qualifying patient 2
to whom he or she is connected through the department's 3
registration process; and 4
(2) for each registered qualifying patient who has specified 5
that the primary caregiver will be allowed under state law to 6
cultivate marihuana for the qualifying patient, 12 marihuana plants 7
kept in an enclosed, locked facility; and 8
(3) any incidental amount of seeds, stalks, and unusable 9
roots. 10
(c) A person shall not be denied custody or visitation of a 11
minor for acting in accordance with this act, unless the person's 12
behavior is such that it creates an unreasonable danger to the 13
minor that can be clearly articulated and substantiated. 14
(d) There shall be a presumption that a qualifying patient or 15
primary caregiver is engaged in the medical use of marihuana in 16
accordance with this act if the qualifying patient or primary 17
caregiver: 18
(1) is in possession of a registry identification card; and 19
(2) is in possession of an amount of marihuana that does not 20
exceed the amount allowed under this act. The presumption may be 21
rebutted by evidence that conduct related to marihuana was not for 22
the purpose of alleviating the qualifying patient's debilitating 23
medical condition or symptoms associated with the debilitating 24
medical condition, in accordance with this act. 25
(e) A registered primary caregiver may receive compensation 26
for costs associated with assisting a registered qualifying patient 27
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in the medical use of marihuana. Any such compensation shall not 1
constitute the sale of controlled substances. 2
(f) A physician shall not be subject to arrest, prosecution, 3
or penalty in any manner, or denied any right or privilege, 4
including but not limited to civil penalty or disciplinary action 5
by the Michigan board of medicine, the Michigan board of 6
osteopathic medicine and surgery, or any other business or 7
occupational or professional licensing board or bureau, solely for 8
providing written certifications, in the course of a bona fide 9
physician-patient relationship and after the physician has 10
completed a full assessment of the qualifying patient's medical 11
history, or for otherwise stating that, in the physician's 12
professional opinion, a patient is likely to receive therapeutic or 13
palliative benefit from the medical use of marihuana to treat or 14
alleviate the patient's serious or debilitating medical condition 15
or symptoms associated with the serious or debilitating medical 16
condition, provided that nothing shall prevent a professional 17
licensing board from sanctioning a physician for failing to 18
properly evaluate a patient's medical condition or otherwise 19
violating the standard of care for evaluating medical conditions. 20
(g) A person shall not be subject to arrest, prosecution, or 21
penalty in any manner, or denied any right or privilege, including 22
but not limited to civil penalty or disciplinary action by a 23
business or occupational or professional licensing board or bureau, 24
for providing a registered qualifying patient or a registered 25
primary caregiver with marihuana paraphernalia for purposes of a 26
qualifying patient's medical use of marihuana. 27
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(h) Any marihuana, marihuana paraphernalia, or licit property 1
that is possessed, owned, or used in connection with the medical 2
use of marihuana, as allowed under this act, or acts incidental to 3
such use, shall not be seized or forfeited. 4
(i) A person shall not be subject to arrest, prosecution, or 5
penalty in any manner, or denied any right or privilege, including 6
but not limited to civil penalty or disciplinary action by a 7
business or occupational or professional licensing board or bureau, 8
solely for being in the presence or vicinity of the medical use of 9
marihuana in accordance with this act, or for assisting a 10
registered qualifying patient with using or administering 11
marihuana. 12
(j) A registry identification card, or its equivalent, that is 13
issued under the laws of another state, district, territory, 14
commonwealth, or insular possession of the United States that 15
allows the medical use of marihuana by a visiting qualifying 16
patient, or to allow a person to assist with a visiting qualifying 17
patient's medical use of marihuana, shall have the same force and 18
effect as a registry identification card issued by the department. 19
(k) Any registered qualifying patient or registered primary 20
caregiver who sells marihuana to someone who is not allowed to use 21
marihuana for medical purposes under this act shall have his or her 22
registry identification card revoked and is guilty of a felony 23
punishable by imprisonment for not more than 2 years or a fine of 24
not more than $2,000.00, or both, in addition to any other 25
penalties for the distribution of marihuana. 26
8. Affirmative Defense and Dismissal for Medical Marihuana. 27
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Sec. 8. (a) Except as provided in section 7, 7(B), a patient 1
and a patient's primary caregiver, if any, may assert the medical 2
purpose for using marihuana as a defense to any prosecution 3
involving marihuana, and this defense shall be presumed valid where 4
the evidence shows that: 5
(1) A physician has stated that, in the physician's 6
professional opinion, after having completed a full assessment of 7
the patient's medical history and current medical condition made in 8
the course of a bona fide physician-patient relationship, the 9
patient is likely to receive therapeutic or palliative benefit from 10
the medical use of marihuana to treat or alleviate the patient's 11
serious or debilitating medical condition or symptoms of the 12
patient's serious or debilitating medical condition; 13
(2) The patient and the patient's primary caregiver, if any, 14
were collectively in possession of a quantity of marihuana that was 15
not more than was reasonably necessary to ensure the uninterrupted 16
availability of marihuana for the purpose of treating or 17
alleviating the patient's serious or debilitating medical condition 18
or symptoms of the patient's serious or debilitating medical 19
condition; and 20
(3) The patient and the patient's primary caregiver, if any, 21
were engaged in the acquisition, possession, cultivation, 22
manufacture, use, delivery, transfer, or transportation of 23
marihuana or paraphernalia relating to the use of marihuana to 24
treat or alleviate the patient's serious or debilitating medical 25
condition or symptoms of the patient's serious or debilitating 26
medical condition. 27
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