Proposed Legislation

If the goal is clarifying what seeminglyeveryone refers to as an unclear medical marijuana law, it’s a goodquestion. Of 17 proposed bills this year that would affect medicalmarijuana patients and caregivers, all but two have been introduced byRepublicans, including Sen. Rick Jones of Grand Ledge, who hasintroduced five of them.

The proposals could have mild to seriousconsequences for patients and caregivers. For instance, one proposalsays legal growers can’t violate local zoning ordinances with theirgrow operations. On the other hand, others seek to banpatient-to-patient transfers and eliminate insurance coverage formedical marijuana.

Here’s a look at what’s been introducedand now sit in various committees. All 17 of these bills affect medicalmarijuana patients and caregivers. Eleven seek to amend the MedicalMarihuana Act, which requires approval from three-quarters of both theHouse and Senate:

SENATE

SB 17

Sponsor: Rick Jones, R-Grand Ledge

Introduced: Jan. 11

Status: In Committee of the Whole

What is it: Proposes to amend the PublicHealth Code by banning medical marijuana “clubs” and “bars.” A club isdefined as “an association of individuals with membership restricted tothose who pay money or any other thing of value to become members, thepurpose of which is to allow more than 1 individual to use marihuanaunder the Michigan Medical Marihuana Act.” A bar is defined as“property where an individual is allowed to use marihuana under theMichigan Medical Marihuana Act.” Clubs and bars do not includestate-licensed hospices, nursing homes or property where medicalmarijuana is “legally dispensed” under the act. 

SB 321

Sponsor: Rick Jones, R-Grand Ledge

Introduced: April 12

Status: In Judiciary Committee

What is it: Proposes to amend theInsurance Code of 1956 to exclude “the medical use of marijuana” as an“allowable expense within personal protection insurance coverage.”

SB 377

Sponsor: Darwin Booher, R-Evart (primary); co-sponsored by two Democrats and five Republicans

Introduced: May 12

Status: In Committee of the Whole

What is it: The original version of thisbill proposed passing patient and caregiver information from theDepartment of Licensing and Regulating Affairs to the Michigan StatePolice within 48 hours of issuing new cards. The State Police wouldthen make that information immediately accessible to local policeofficers. However, amendments made in committee scale back theproposal, which now says LARA must immediately verify for policeofficers whether someone is a patient or caregiver and whether anaddress specified by the officer is that of a patient or caregiver.This bill does not specify how LARA would verify this informationduring non-business hours. The legislative analysis of the bill saysthat around-the-clock staffing would have an “indeterminate” fiscalimpact on the department.

SB 418

Sponsor: Rick Jones, R-Grand Ledge (primary); co-sponsored six other Republicans

Introduced: June 8

Status: In Committee of the Whole

What is it: This bill would amend theMedical Marihuana Act to essentially shield the state and regulatoryagencies from lawsuits regarding any section of the act. It proposes toadd this language to the scope and limitations: “Nothing in this actshall be construed to create a private cause of action against thisstate or a political subdivision of this state.”

SB 504

Sponsor: Rick Jones, R-Grand Ledge (primary); co-sponsored by 10 other Republicans

Introduced: June 21

Status: In Committee of the Whole

What is it: This bill would amend theMedical Marihuana Act to prohibit medical marijuana transfers betweenpatients and caregivers less than 1,000 feet from churches or otherhouses of worship and schools, unless the transfer occurred in thehouse of the patient.

SB 505

Sponsor: Rick Jones, R-Grand Ledge (primary); co-sponsored by 10 other Republicans

Introduced: June 21

Status: In Committee of the Whole

What is it: As it reads, the MedicalMarihuana Act prohibits anyone convicted of a drug-related felony frombecoming a primary caregiver. This bill would amend the act to prohibitsomeone with a felony of any kind from being licensed as a caregiver.

SB 506

Sponsor: Roger Kahn, R-Saginaw (primary); co-sponsored by 13 other Republicans

Introduced: June 21

Status: In Committee on Health Policy

What is it: This proposed bill would amendmentthe Medical Marihuana Act to strictly define what a “bona-fide”doctor-patient relationship is. Doctors would need to take a medicalhistory of the patient; perform a physical examination; review priortreatments and responses; review relevant diagnostic test results;discuss the “advantages, disadvantages, alternatives, potential adverseeffects, and the expected response” of medical marijuana; monitor thepatient “to determine the response to and any side effects of thetreatment;” create and maintain records for the patients; and notifythe patient’s primary care physician, if there is one. If a doctorfails to do so, the patient’s registry card is invalid and the doctoris not protected from civil action “or in a professional disciplinaryor licensing proceeding.”

HOUSE OF REPRESENTATIVES

HB 4397

Sponsor: Mike Callton, R-Nashville

Introduced: March 8

Status: In Judiciary Committee

What is it: See SB 17 above. This bill would prohibit operating or knowingly allow someone to operate a medical marijuana “bar.”

HB 4463

Sponsor: Marty Knollenberg, R-Troy

Introduced: March 22

Status: In Judiciary Committee

What is it: See SB 505. This bill wouldrestrict people with any kind of felony, not just drug-related, frombecoming a primary caregiver.

HB 4661

Sponsor: George Darany, D-Dearborn (primary); co-sponsored by two other Democrats

Introduced: May 18

Status: In Judiciary Committee

What is it: This bill seeks to amend theMedical Marihuana Act by prohibiting qualified patients and caregiversfrom growing plants within 500 feet of churches, schools and day carecenters.

HB 4834

Sponsor: Gail Haines, R-Waterford (primary); co-sponsored by one Democrat and 19 Republicans

Introduced: June 29

Status: In Judiciary Committee

What is it: This bill would amend theMedical Marihuana Act to require patient and caregiver applicants tosubmit “2 inch by 2 inch, color photographs” taken within the last sixmonths. However, the bill does not specify whether the photo will beprinted on state-issued cards. The bill also inserts language similarto SB 377, which addresses law enforcement access to patient andcaregiver information.

HB 4850

Sponsor: John Walsh, R-Livonia (primary); co-sponsored by four Democrats and 23 Republicans

Introduced: June 30

Status: In Judiciary Committee

What is it: This bill seeks to amend theMedical Marijuana Act by banning patient-to-patient andcaregiver-to-caregiver transfers, unless those transfers occur betweencaregivers and patients connected through the registry. The billproposes to permanently revoke state-issued cards if a transfer oracquisition occurs outside of a caregiver and his or her patients. 

HB 4851

Sponsor: Phil Cavanagh, D-Redford (primary); co-sponsored by 10 Democrats and 18 Republicans

Introduced: June 30

Status: In Judiciary Committee

What is it: See SB 506. This proposed bill details what qualifies as a “bona-fide” doctor-patient relationship.

HB 4852

Sponsor: Eileen Kowall, R-White Lake (primary); co-sponsored by two Democrats and 23 Republicans

Introduced: June 30

Status: In Judiciary Committee

What is it: This proposed bill statesthat those legally growing medical marijuana cannot violate a localzoning ordinance by doing so. It would amend the Medical Marihuana Act,thus requiring a three-quarters majority vote by the House and Senate.

HB 4853

Sponsor: Ed McBroom, R-Vulcan (primary); co-sponsored by one Democrat and 17 Republicans

Introduced: June 30

Status: In Judiciary Committee

What is it: This bill would make it a felony for “selling marihuana in violation of registry identification card restrictions.”

HB 4854

Sponsor: Joe Haveman, R-Holland (primary); co-sponsored by three Democrats and 29 Republicans

Introduced: June 30

Status: In Judiciary Committee

What is it: This bill would amend the state Penal Code bybanning advertisements “for services as a primary caregiver under theMichigan Medical Marihuana Act” and that offer to “sell, transfer, ormake available marihuana.” Newspapers and other media outlets — as wellas telephone and Internet service providers — would be exempt from thelaw if they “in good faith” did not have knowledge of the advertisementand “promptly” removed the advertisement.

HB 4856

Sponsor: Ben Glardon, R-Owosso (primary); co-sponsored by four Democrats and 25 Republicans

Introduced: June 30

Status: In Judiciary Committee

What is it: This bill would amend thestate Penal Code by requiring those who can legally transfer medicalmarijuana in a motor vehicle to do so by at least one of the following:in an enclosed case; in the trunk; or any way so that it’s“inaccessible from the interior of the vehicle.”