Bill Text: MI HB5161 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Labor; fair employment practices; termination of employment of medical marihuana patients; prohibit under certain circumstances. Amends sec. 4 of 2008 IL 1 (MCL 333.26424).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-12-16 - Printed Bill Filed 12/16/2015 [HB5161 Detail]

Download: Michigan-2015-HB5161-Introduced.html

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HOUSE BILL No. 5161

December 15, 2015, Introduced by Reps. Singh and Irwin and referred to the Committee on Commerce and Trade.

 

     A bill to amend 2008 IL 1, entitled

 

"Michigan medical marihuana act,"

 

by amending section 4 (MCL 333.26424), as amended by 2012 PA 512.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     4. Protections for the Medical Use of Marihuana.

 

     Sec. 4. (a) A qualifying patient who has been issued and

 

possesses a registry identification card shall 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 the medical use of marihuana in

 

accordance with this act, provided that the qualifying patient

 

possesses an amount of marihuana that does not exceed 2.5 ounces of

usable marihuana, and, if the qualifying patient has not specified

 

that a primary caregiver will be allowed under state law to

 

cultivate marihuana for the qualifying patient, 12 marihuana plants

 

kept in an enclosed, locked facility. Any incidental amount of

 

seeds, stalks, and unusable roots shall also be allowed under state

 

law and shall not be included in this amount. The privilege from

 

arrest under this subsection applies only if the qualifying patient

 

presents both his or her registry identification card and a valid

 

driver license or government-issued identification card that bears

 

a photographic image of the qualifying patient. Subject to section

 

7(c)(2), an employer shall not terminate or take adverse employment

 

action against an employee for medical use of marihuana that is in

 

accord with this act if the use is not incompatible with and does

 

not hinder job performance and the employee produces his or her

 

registry identification card for the employer's inspection. An

 

employer shall not do either of the following:

 

     (1) Ask whether an employee has a registry identification card

 

unless the employee is subject to termination or adverse employment

 

action for a specific incident involving marihuana and production

 

of the card would preclude the termination or action.

 

     (2) Terminate or take adverse employment action against an

 

employee after failure to produce a registry identification card

 

unless the employee is subject to termination or adverse employment

 

action for a specific incident involving marihuana and production

 

of the card would preclude the termination or action.

 

     (b) A primary caregiver who has been issued and possesses a

 

registry identification card shall 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 assisting a qualifying patient to

 

whom he or she is connected through the department's registration

 

process with the medical use of marihuana in accordance with this

 

act. The privilege from arrest under this subsection applies only

 

if the primary caregiver presents both his or her registry

 

identification card and a valid driver license or government-issued

 

identification card that bears a photographic image of the primary

 

caregiver. This subsection applies only if the primary caregiver

 

possesses an amount of marihuana that does not exceed:

 

     (1) 2.5 ounces of usable marihuana for each qualifying patient

 

to whom he or she is connected through the department's

 

registration process; and

 

     (2) for each registered qualifying patient who has specified

 

that the primary caregiver will be allowed under state law to

 

cultivate marihuana for the qualifying patient, 12 marihuana plants

 

kept in an enclosed, locked facility; and

 

     (3) any incidental amount of seeds, stalks, and unusable

 

roots.

 

     (c) A person shall not be denied custody or visitation of a

 

minor for acting in accordance with this act, unless the person's

 

behavior is such that it creates an unreasonable danger to the

 

minor that can be clearly articulated and substantiated.

 

     (d) There shall be a presumption that a qualifying patient or

 

primary caregiver is engaged in the medical use of marihuana in

 

accordance with this act if the qualifying patient or primary

 

caregiver:

 

     (1) is in possession of a registry identification card; and

 

     (2) is in possession of an amount of marihuana that does not

 

exceed the amount allowed under this act. The presumption may be

 

rebutted by evidence that conduct related to marihuana was not for

 

the purpose of alleviating the qualifying patient's debilitating

 

medical condition or symptoms associated with the debilitating

 

medical condition, in accordance with this act.

 

     (e) A registered primary caregiver may receive compensation

 

for costs associated with assisting a registered qualifying patient

 

in the medical use of marihuana. Any such compensation shall not

 

constitute the sale of controlled substances.

 

     (f) A physician shall 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 the Michigan board of medicine, Board of Medicine, the Michigan

 

board of osteopathic medicine and surgery, Board of Osteopathic

 

Medicine and Surgery, or any other business or occupational or

 

professional licensing board or bureau, solely for providing

 

written certifications, in the course of a bona fide physician-

 

patient relationship and 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 to treat or alleviate the patient's

 

serious or debilitating medical condition or symptoms associated

 

with the serious or debilitating medical condition, provided that

 

nothing shall prevent a professional licensing board from

 

sanctioning a physician for failing to properly evaluate a

 

patient's medical condition or otherwise violating the standard of

 

care for evaluating medical conditions.

 

     (g) A person shall 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 providing a registered qualifying patient or a registered

 

primary caregiver with marihuana paraphernalia for purposes of a

 

qualifying patient's medical use of marihuana.

 

     (h) Any marihuana, marihuana paraphernalia, or licit property

 

that is possessed, owned, or used in connection with the medical

 

use of marihuana, as allowed under this act, or acts incidental to

 

such use, shall not be seized or forfeited.

 

     (i) A person shall 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,

 

solely for being in the presence or vicinity of the medical use of

 

marihuana in accordance with this act, or for assisting a

 

registered qualifying patient with using or administering

 

marihuana.

 

     (j) A registry identification card, or its equivalent, that is

 

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 a visiting qualifying

 

patient, or to allow a person to assist with a visiting qualifying

 

patient's medical use of marihuana, shall have the same force and

 

effect as a registry identification card issued by the department.

 

     (k) Any registered qualifying patient or registered primary

 

caregiver who sells marihuana to someone who is not allowed to use

 

marihuana for medical purposes under this act shall have his or her

 

registry identification card revoked and is guilty of a felony

 

punishable by imprisonment for not more than 2 years or a fine of

 

not more than $2,000.00, or both, in addition to any other

 

penalties for the distribution of marihuana.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.