Michigan Judiciary Committee Hearing discusses proposed changes to Michigan Medical Marijuana Act

February 23 2012
1:42pm
updated February 24 2012
3:52pm *added video*

Earlier today, around 10am, a hearing to discuss proposed changes to the Michigan Medical Marijuana Act was held. The hearing, lasting about 2 hours, discussed the language of the four proposed bills to amend the act.

The bills are listed below:

HB 4834

This bill discusses the proposed need for a photo to be added to the cards supplied to patients and caregivers. The proposal would require a 2in x 2in photo be added to the cards. The patient or caregiver would have the option to use their existing SoS photo.

My take: I feel this is not a needed addition. While many of the other states with MMJ programs do have this requirement, I feel this is a low priory compared to many other pressing issues. I also feel in most cases when required to display the card, an individuals drivers license will surely be produced as well. The concern is that individuals may be able to lie about being issued a card without a photo affixed to the card.

HB 4851

This bill discusses changes regarding a '"bona fide physician-patient relationship". The goal of this proposed change is to try and prevent abuse of the MMJ program.

Clicking on the link produced above will give you the full text regarding the changes. The summary is that the doctor signing a recommendation has completed a full assessment of the patient,their medical history and current condition. This is to be performed IN PERSON. The bill also states the physician has treated the patient for said qualifying medical condition prior to the patient looking to receive a recommendation. The bill goes further to state the physician has an expectation to perform follow up care, examination and treatment.

This bill also defines an "enclosed, locked facility" and further defines that ONE of the following is allowed access:

(1) If a registered qualifying patient who has not designated
a primary caregiver maintains the facility, by that registered
qualifying patient.

(2) If a primary caregiver maintains the facility, by that
primary caregiver.

My take: My biggest concern with this proposed bill is regarding access. I am concerned this bill will make it very difficult for a patient to gain a recommendation for MMJ as many doctors are unwilling to produce such recommendations for fear of repercussions. Other doctors may be unable to issue recommendations based on practice policy. I also do not care for the provision stating the "enclosed, locked facility" is only accessible by the caregiver OR patient, and not both. I feel that ultimately in the end, the caregiver is providing a service to the patient in tending to their medicine. The caregiver in this case, more or less "works for" the patient and that patient should have the right to inspect the work the caregiver is performing in tending to their medicine. Additionally if the final product will end up with the patient anyway, where is there the potential for problems if the patient AND caregiver have access?

HB 4853

This bill amends the code of criminal procedure. The bill adds "selling marijuana in violation of registry identification card restrictions" to the list of felonies.

My take: Meh....


HB 4856

This bill would put in place restrictions regarding transportation of medical marijuana. The bill requires the medicine be"

1) Enclosed in a case
2) Carried in the trunk of the vehicle
3) Inaccessible from the interior of the vehicle

The bill goes further to state anyone violating this is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not mare than $100, or both.

My take: This bill is the silliest bill proposed. During the hearing today it was stated that this bill was modeled after gun transportation laws. During the hearing the point of vehicles without trunks (ie, vans) was also brought up. I personally feel this bill oversteps the need. I also feel a jail sentence of 93 days for violation of this law is unreasonable. Personally? As long as the medicine is out of "plain view" I think it is enough. What is the reasoning behind this restriction on transportation?

There you have it. Please do your own research as well and become educated on these bills. in approximately two weeks time, there will be public hearings regarding these proposed changes. This time is when the public can voice their opinion on the changes and tell their stories about how the MMMA has helped them. It is important to be involved.

From a topical view, these bills don't sound TOO bad. However, when you read into the bills, there are a few changes that are (in this humble citizen bloggers opinion) unneeded, too restrictive, or too harsh.

Want more? Here is a recording of the event for your viewing!

Tell us what you think in the comments below!