HB-6422, As Passed House, December 18, 2018

HB-6422, As Passed Senate, December 13, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6422

 

 

October 3, 2018, Introduced by Rep. Kesto and referred to the Committee on Law and Justice.

 

     A bill to amend 2016 PA 282, entitled

 

"Marihuana tracking act,"

 

by amending sections 2 and 4 (MCL 333.27902 and 333.27904).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Department" means the department of licensing and

 

regulatory affairs.

 

     (b) "Financial institution" means that term as defined in

 

section 201 of the medical marihuana facilities licensing act, MCL

 

333.27201.

 

     (c) (b) "Licensee" means that term as defined in section 102

 

of the medical marihuana facilities licensing act, MCL 333.27102.

 

     (d) (c) "Marihuana" means that term as defined in section 7106

 

of the public health code, 1978 PA 368, MCL 333.7106.

 


     (e) "Medical marihuana facilities licensing act" means the

 

medical marihuana facilities licensing act, 2016 PA 281, MCL

 

333.27101 to 333.27801.

 

     (f) (d) "Registered primary caregiver" means that term as

 

defined in section 102 of the medical marihuana facilities

 

licensing act, MCL 333.27102.

 

     (g) (e) "Registered qualifying patient" means that term as

 

defined in section 102 of the medical marihuana facilities

 

licensing act, MCL 333.27102.

 

     (h) (f) "Registry identification card" means that term as

 

defined in section 3 of the Michigan medical marihuana act, 2008 IL

 

1, MCL 333.26423.

 

     (i) (g) "Statewide monitoring system" or "system" means an

 

internet-based, statewide database established, implemented, and

 

maintained directly or indirectly by the department that is

 

available to licensees, law enforcement agencies, and authorized

 

state departments and agencies on a 24-hour basis for all of the

 

following:

 

     (i) Verifying registry identification cards.

 

     (ii) Tracking marihuana transfer and transportation by

 

licensees, including transferee, date, quantity, and price.

 

     (iii) Verifying in a commercially reasonable time that a

 

transfer will not exceed the limit that the registered qualifying

 

patient or registered primary caregiver is authorized to receive

 

under section 4 of the Michigan medical marihuana act, 2008 IL 1,

 

MCL 333.26424.

 

     Sec. 4. (1) The information in the system is confidential and


is exempt from disclosure under the freedom of information act,

 

1976 PA 442, MCL 15.231 to 15.246. Information in the system may be

 

disclosed pursuant to subsection (2) or for purposes of enforcing

 

this act; the Michigan medical marihuana act, 2008 IL 1, MCL

 

333.26421 to 333.26430; and the medical marihuana facilities

 

licensing act.

 

     (2) A licensee may, in writing, authorize the department to

 

disclose the licensee's information in the system described in

 

section 3(2)(a) to (c) to a financial institution identified in the

 

authorization. Upon receiving written authorization under this

 

subsection, the department shall disclose the licensee's

 

information described in section 3(2)(a) to (c) to a financial

 

institution identified in the authorization.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.