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I thought the word was Marijuana…but who am I?

HOUSE COMMITTEE APPROVES 4210 BILL…

This information was reposted from the Michigan Legislature Website 

House Bill 4210 (Substitute H-1, as proposed)

Sponsor: Rep. Lisa Posthumus Lyons

Committee: Judiciary

Complete to 9-21-15

SUMMARY:

The bill would, among other things:

  • Revise the definitions of “medical use” and “usable marihuana” to include products

    using extracts and plant resins (known as “edibles”).

  • Define “marihuana-infused product” and “usable marihuana equivalent”.
  • Provide immunity to a qualified patient or caregiver from arrest or prosecution or

    penalty for certain conduct.

  •  Prohibit transporting or possessing a marihuana-infused product in a vehicle except

    as specified. Create a misdemeanor penalty for a violation.

  •  Prohibit using butane to separate resin from a marihuana plant on residential

    property.

  • Specify the bill is curative and the provisions retroactive.

    House Bill 4210 would amend the Michigan Medical Marihuana Act (MMMA) to do the

    following:

Goal of act and retroactivity

The bill specifies that it clarifies ambiguities in the law in accordance with the original

intent of the people, as expressed in Section 2(b) of the MMMA. Further, the bill states

that it is curative and applies retroactively as to the following:

  •  Clarifying the quantities and forms of marihuana for which a person is protected

    from arrest.

  • Precluding an interpretation of “weight” as aggregate weight.
  • Excluding an added inactive substrate component of a preparation in determining

    the amount of marihuana, medical marihuana, or usable marihuana that constitutes

    an offense.

    Definitions

    •  Change the term “medical use” to “medical use of marihuana” and revise the

      definition to include the extraction of marihuana and marihuana-infused products.

    • Revise the definition of “usable marihuana” to include, in addition to dried leaves

      and flowers, the plant resin or extract of the marihuana plant. (The term does not

      include the seeds, stalks, or roots of the plant.)

      House Fiscal Agency HB 4210 (H-1) Page 2 of 4

    • Define “marihuana-infused product” to mean a topical formulation, tincture,

      beverage, edible substance, or similar product containing any usable marihuana that

      is intended for human consumption in a manner other than smoke inhalation.

      Marihuana-infused products would not be considered a food for purposes of the

      Food Law.

    •  Define “usable marihuana equivalent” as the amount of usable marihuana in a

      marihuana-infused product. To determine usable marihuana equivalency, the bill

      would specify that one ounce of usable marihuana would be considered equivalent

      to (a) 16 ounces of marihuana-infused product if in a solid form; (b) 7 grams if in a

      gaseous form; and (c) 72 fluid ounces if in a liquid form. In determining whether

      a patient or primary caregiver did not exceed the 2.5 ounces-per-patient possession

      limit, the combined total of both usable marijuana equivalents and usable

      marihuana would have to be considered.

      Marihuana-infused product

      A registered qualifying patient who was manufacturing a marihuana-infused product for

      personal use, or a registered primary caregiver manufacturing for the use of his or her

      qualifying patient, would not be subject to arrest, prosecution, or penalty in any manner,

      or denied any right or privilege, including, but not limited to, civil penalty or disciplinary

      action by a business or occupational or professional licensing board or bureau.

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The following would be prohibited:

  • A qualifying patient transferring a marihuana-infused product to any individual.
  • A primary caregiver transferring a marihuana-infused product to any individual

    who is not one of the caregiver’s qualifying patients.

    Immunity

    If the Medical Marihuana Facilities Licensing Act (House Bill 4209) is enacted into law, a

    registered qualifying patient or registered primary caregiver would not be subject to arrest,

    prosecution or penalty in any manner, or denied any right or privilege, including but not

    limited to, civil penalty or disciplinary action by a business or occupational or professional

    licensing board or bureau, for any of the following:

  •  Transferring or purchasing marihuana in an amount authorized by the MMMA.
  • Transferring or selling marihuana seeds or seedlings to a grower licensed under the

    Medical Marihuana Facilities Licensing Act (House Bill 4209).

  •  Transferring marihuana for testing to and from a safety compliance facility licensed

    under the Medical Marihuana Facilities Licensing Act.

  • Transporting or possessing marihuana-infused product in a motor vehicle

    A qualifying patient or primary caregiver would be prohibited from transporting or

    possessing a marihuana-infused product in or upon a motor vehicle except as follows:

For a qualifying patient:

o The product is in a sealed and labeled package carried in the trunk of the

vehicle (if there is no trunk, carried so as not to be readily accessible from

the interior of the vehicle).

House Fiscal Agency HB 4210 (H-1) Page 3 of 4

o The label must state the weight of the marihuana-infused product in ounces,

name of the manufacturer, date of manufacture, name of the person from

whom the product was received, and date of receipt.

For a primary caregiver:

o The product is accompanied by an accurate marihuana transportation

manifest and enclosed in a case carried in the trunk of the vehicle (if no

trunk, enclosed in a case and carried so as not to be readily accessible from

the interior of the vehicle).

o The manifest form must state the weight of each marihuana-infused product

in ounces, name and address of the manufacturer, date of manufacture,

destination name and address, date and time of departure, estimated date

and time of arrival, and, if applicable, name and address of the person from

whom the product was received and date of receipt.

The bill would not prohibit a caregiver from transporting or possessing a marihuana infused

product in or upon a motor vehicle for the use of his or her own child, spouse, or

parent who is a qualified patient if the marihuana-infused product is in a sealed and labeled

package that is carried in the trunk of the vehicle (or carried so as not to be readily

accessible from the interior of the vehicle if it does not have a trunk). The label must state

the weight of the product in ounces, name of the manufacturer, date of manufacture, name

of the qualifying patient, and if applicable, name of the person from whom the marihuana infused

product was received and date of receipt.

For purposes of determining compliance with quantity limitations, there is a rebuttable

presumption that the weight of a marihuana-infused product listed on its package label or

on a marihuana transportation manifest is accurate.

A violation by a patient or caregiver would be a misdemeanor punishable by imprisonment

for not more than 93 days and/or a fine of not more than $500.

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Miscellaneous provisions

The bill also would:

  • Prohibit using butane extraction on residential property to separate plant resin from

    a marihuana plant.

  •  Replace the term “use of medical marihuana” with “medical use of marihuana.”
  • Require LARA to expend money from the Michigan Medical Marihuana Fund for

    the creation and maintenance of the system required under the Marihuana Tracking

    Act. Currently, the Department of Licensing and Regulatory Affairs is required to

    expend money, upon legislative appropriation, from the fund for the operation and

    oversight of the Michigan medical marihuana program.

The bill would take effect 90 days after enactment.

MCL 333.26423 et al.

House Fiscal Agency HB 4210 (H-1) Page 4 of 4

FISCAL IMPACT:

House Bill 4210 would authorize the expenditure of money from the Michigan Medical

Marihuana Fund (MMMF) for the creation and maintenance of the marihuana tracking

information technology system (System) required under House Bill 4827. Under current

law, LARA administers the MMMF, into which revenue generated by fees collected from

applicants for medical marihuana registry identification cards are deposited and from

which expenditures for the operation and oversight of the Michigan Medical Marihuana

Program, including grants to county sheriffs’ offices, are made.

The costs of developing, operating, and maintaining the System is dependent on the

technical specifications and applications of the System; whether the System is provided by

the Department of Technology, Management, and Budget (DTMB) or procured via contact

a third-party vendor (e.g. Bio-Tech Medical Software, Inc., MJ Freeway Business

Solutions, Franwell); and, if the latter, on the outcome of a competitive RFP process. The

MMMF has historically received revenue in excess of expenditures, and the balance within

the MMMF was $26.4 million at the date this document was drafted; however, recent

revisions to fee amounts and additional appropriations for grants to county sheriffs’ offices

will likely reduce the balance in future years.

The bill creates a new misdemeanor. Misdemeanor convictions would increase costs

related to county jails and/or local misdemeanor probation supervision. The costs of local

incarceration in a county jail and local misdemeanor probation supervision vary by

jurisdiction. Misdemeanor fines are constitutionally dedicated to public libraries.

Michigan House Committee Approved Bill 4210 on “Marihuana”  was originally published on wchbnewsdetroit.com

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