HB-6422, As Passed House, December 6, 2018
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.