Link to read the exact wording of new laws passed Friday ?

I would like to know exactly how a outdoor grow area needs to be built to be within the law . Do we have to worry about fly overs ?When do these new laws go into affect ?

from what i understand your outdoor grow needs to be not visible by anyone to make it legal. if neighbors see plants they can call the cops and ask you to move your plants to a more inconspicuous area.

No it does not because then it would be impossible to have a GH.

what about the law passed on contractors having access to people with mmmp cards..i work for a i dont give a shit if u have a card or not well known construction contrator...dont need that headach..thanks fellas

if doing an outdoor---don't forget these......




http://catholicglasses.com/2012/03/12/drones-to-replace-120-national-guards-in-battle-creek-mi/

http://www.aclu.org/blog/national-security/surveillance-drones-coming-police-department-near-you

http://greatriversofhope.wordpress.com/2012/06/18/pentagon-creating-legions-of-insect-spy-drones/

http://www.dailymail.co.uk/sciencetech/article-2161647/Is-really-just-fly-Swarms-cyborg-insect-drones-future-military-surveillance.html



http://rt.com/news/us-drones-swarms-274/

you are right madman...
this is leaving it open to an unknown-entity, "contractor" to become administrator of the michigan mmj registry, can become a gaping hole in the security or privacy of patients and caregivers in the future. this cld become a twisted backdoor of sorts.. let's all hope not.

i've been to a city website for a town in Colorado that had the names and addy of all "filed" grows in that town. this could get ugly if there is any breach of personal information.

they make 'opaque' greenhouse material ---specially designed to let sunlight in yet can't see out
need a warrant to take a peek then

i wondered why that mighty mite wouldn't get rid of those things...
did you see those 'insects'!!

http://www.drbobmmj.com/images/CPU_FW_Final_MMA_Bills.zip

Here are the 4 bills, just read them, they are self explanatory. No need to speculate.

Dr. Bob

What are the penalties for transgressions from these stated standards?

bloodytrichomes said:

hey bob do you pound the forums to push your pills or do you find the mmmp easy pickens your a fucking ambulance chaser

Click to expand...

Your means it is mine, you're means you are.

Just trying to help.

Dr. Bob

http://www.drbobmmj.com/images/CPU_FW_Final_MMA_Bills.zip

No it doesn't, works fine.

Dr. Bob

I have to download them myself and cut and paste, unless someone else wants to do that. I'm in Clinic in Marquette and a little pressed for time.

Dr. Bob

Dr. Bob said:

I have to download them myself and cut and paste, unless someone else wants to do that. I'm in Clinic in Marquette and a little pressed for time.

Dr. Bob

Click to expand...

Sorry about that Doc , I guess the Zip thing has expired , my daughter must have put it in as a trial period , but I had already pulled up the Bill with the changes but even after reading it I could not tell if it meant both the patient and caregiver could access the green house at the same time ? Also it doesn't mention glass ?

Secured to the ground, covered, and out of view at ground level or from fixed structures. As previously states, a cube has six sides, the law specifically excludes the bottom but not the top. So 5 sides need to be enclosed.

I think the sides have to be made of something that secures the contents (glass, wire, slats, etc). If you can show it is secured and reasonably screened you should be fine. Screening can be in the form of the siding of the greenhouse or a hedge around it at least 6-8 feet high. Your average cop should not be able to stand outside of it at ground level and look OVER it to see any part of the greenhouse.

Cops in the air? It specifies ground level or any nearby, permanent structures (your neighbor's house, second floor windows). Flying cops are not in a permanent structure. I could see them trying to climb a nearby tower or phone pole though, so consider that.

Dr. Bob

NEEDMMASAP said:

Sorry about that Doc , I guess the Zip thing has expired , my daughter must have put it in as a trial period , but I had already pulled up the Bill with the changes but even after reading it I could not tell if it meant both the patient and caregiver could access the green house at the same time ? Also it doesn't mention glass ?

Click to expand...

Do me a favor and post all 4 would you, just so folks can see them without having to use a link.

Dr. Bob

Dr. Bob said:

I have to download them myself and cut and paste, unless someone else wants to do that. I'm in Clinic in Marquette and a little pressed for time.

Dr. Bob

Click to expand...

This is the only one I pulled up , Thanks for the info , can you tell by reading it if both the patient and caregiver can be in the green house at the same time ?
Page 1 of 4 hb4851/1112
MEDICAL MARIHUANA REVISIONS H.B. 4851 (H-7):
COMMITTEE SUMMARY
House Bill 4851 (Substitute H-7 as passed by the House)
Sponsor: Representative Philip M. Cavanagh
House Committee: Judiciary
Senate Committee: Judiciary
Date Completed: 6-12-12
CONTENT
The bill would amend the Michigan Medical Marihuana Act (MMMA) to do the following:
-- Revise the definition of a physician's "written certification" of a patient's debilitating medical condition, and define "bona-fide physician-patient relationship".
-- Expand the definition of "enclosed, locked facility" where a qualifying patient or primary caregiver may keep cultivated marihuana plants.
-- Exclude anyone ever convicted of an assaultive crime from the definition of "primary caregiver".
-- Preclude people who committed certain violations of the Act from asserting an affirmative defense.
-- Specify that a showing of the elements required for an affirmative defense in a motion for dismissal would have to be by a preponderance of the evidence.
-- Allow a person to assert an affirmative defense to the trier of fact regardless of whether he or she asserted it in a motion to dismiss, unless no reasonable factfinder could find in favor of the person.
Physician-Patient Relationship
The MMMA authorizes the Department of Licensing and Regulatory Affairs to issue a registry identification card to a qualifying patient who submits a "written certification", a fee, and specified information. A qualifying patient who possesses a registry identification card is not subject to arrest, prosecution, or penalty for the medical use of marihuana if the amount does not exceed quantities specified in the Act and the possession and use of marihuana meet specified standards.
Also, under the MMMA, a physician is not subject to arrest, prosecution, or penalty, and may not be denied any right or privilege solely for providing a written certification, in the course of a "bona fide physician-patient relationship" after the physician has completed a full assessment of the qualifying patient's medical history, or for otherwise stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana as allowed under the Act.
The Act defines "written certification" as a document signed by a physician stating the patient's debilitating medical condition and that, in the physician's professional opinion, the
Page 2 of 4 hb4851/1112
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 it. The bill also would require the signed document to state that the physician had completed a full assessment of the patient's medical history and current medical condition, including a relevant, in-person, medical evaluation.
The bill would define "bona fide physician-patient relationship" as a treatment or counseling relationship between a physician and patient in which all of the following are present:
-- The physician has reviewed the patient's relevant medical records and completed a full assessment of his or her medical history and current medical condition, including a relevant in-person, medical evaluation of the patient.
-- The physician has created and maintained records of the patient's condition in accord with medically accepted standards.
-- 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.
-- If the patient has given permission, the physician has notified his or her primary care physician of the patient's debilitating medical condition and certification for the use of medical marihuana to treat it.
Enclosed, Locked Facility
The MMMA provides that a registered qualifying patient and a registered primary caregiver are not subject to arrest, prosecution, or penalty and may not be denied any right or privilege for possession or cultivation of certain amounts of marihuana. A patient who has not specified a primary caregiver may cultivate up to 12 marihuana plants kept in an "enclosed, locked facility". A caregiver may cultivate up to 12 marihuana plants kept in an enclosed, locked facility, for each registered qualifying patient who has specified the primary caregiver. (Each qualifying patient may have only one primary caregiver, and a primary caregiver may assist not more than five qualifying patients with their medical use of marihuana.)
The MMMA defines "enclosed, locked facility" as 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.
Under the bill, "enclosed, locked facility" would mean 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 would be considered to be in an enclosed, locked facility if they were grown within a stationary structure that was all of the following:
-- Anchored, attached, or affixed to the ground.
-- Located on land that was owned, leased, or rented by either the registered qualifying patient to whom the marihuana plants belonged or the person designated through the registration process as the primary caregiver for the registered patient or patients.
-- Equipped with functioning locks or other security devices that permitted access only by the registered primary caregiver or registered qualifying patient upon whose property the structure was located.
-- Enclosed on all sides, except for the base, by chain-link fencing, wire mesh, wooden slats, or a similar material that prevented access by the general public.
Under the proposed definition, "enclosed, locked facility" also includes a motor vehicle if both of the following are met:
Page 3 of 4 hb4851/1112
-- The vehicle is being used temporarily to transport living marihuana plats from one location to another with the intent to retain the plants permanently at the second location.
-- A person is not in the vehicle unless he or she is either the registered qualifying patient to whom the plants belong or the person designated through the registration process as the primary caregiver for the registered qualifying patient.
Primary Caregiver
The MMMA defines "primary caregiver" as 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. Under the bill, the person also could never have been convicted of an assaultive crime as defined in Section 9a of Chapter X of the Code of Criminal Procedure.
(Section 9a, which deals with detention and denial of bail, defines "assaultive crime" as any of the following:
-- Felonious assault; assault with intent to commit murder; assault with intent to do great bodily harm; assault with intent to maim; assault with intent to commit a felony; unarmed or armed assault with intent to rob and steal; or assault against a pregnant woman.
-- Attempted murder; first-degree murder; second-degree murder; or manslaughter.
-- Kidnapping; kidnapping of a child under 14 years of age; or a prisoner's taking another person as a hostage.
-- Stalking or aggravated stalking.
-- First-, second-, third-, or fourth-degree criminal sexual conduct (CSC) or assault with intent to commit CSC.
-- Carjacking.
-- Use of force or possession of a dangerous weapon in the course of committing a larceny or robbery.
-- A violation of Chapter 33 (Explosives and Bombs, and Harmful Devices) or Chapter 83-A (the Michigan Anti-Terrorism Act) of the Michigan Penal Code.
-- Threats of assault against an employee of the Department of Human Services.)
Affirmative Defense & Dismissal
Under the MMMA, except as provided in Section 7, 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 the defense must be presumed valid where the evidence shows certain circumstances. (Section 7 defines the scope and limitations of the MMMA.)
Under the bill, the affirmative defense could not be asserted by a patient or primary caregiver who did any of the following:
-- Sold marihuana to someone who was not allowed to use marihuana for medical purposes.
-- Undertook any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.
-- Possessed marihuana, or otherwise engaged in the medical use of marihuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility.
-- Smoked marihuana on any form of public transportation or in any public place.
-- Operated, navigated, or was in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.
Page 4 of 4 Bill Analysis @ www.senate.michigan.gov/sfa hb4851/1112
-- Used marihuana without having a serious or debilitating medical condition.
-- Fraudulently represented to a law enforcement official any fact or circumstance relating to the medical use of marihuana to avoid arrest or prosecution.
Currently, a person may assert the medical purpose for using marihuana in a motion to dismiss, and charges must be dismissed following an evidentiary hearing where the person shows the required elements for asserting an affirmative defense. The bill would require that showing to be by a preponderance of the evidence.
Under the bill, regardless of whether a person asserted the medical purpose in a motion to dismiss, he or she could assert the medical purpose for using marihuana to the trier of fact unless no reasonable factfinder could find in favor of the person on the elements required for asserting an affirmative defense.
MCL 333.26423 & 333.26428 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Dan O'Connor

The MMMA defines "enclosed, locked facility" as 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.

> note: "or" is used here, not "and" in the final line.

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.

H02589'11 (S-3) CJC
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.
2
H02589'11 (S-3) CJC
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
3
H02589'11 (S-3) CJC
(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
4
H02589'11 (S-3) CJC
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
5
H02589'11 (S-3) CJC
(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
6
H02589'11 (S-3) CJC
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
7
H02589'11 (S-3) CJC
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
8
H02589'11 (S-3) CJC
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
9
H02589'11 (S-3) CJC
(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
10
H02589'11 (S-3) CJC
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
11
H02589'11 (S-3) Final Page CJC