2008 Michigan Ballot Proposals
Posted: October 20, 2008 at 8:45 pm
With two different ballot proposals for Michigan this year, we are yet again faced with the decisions that will vastly change the way we do things in our state. So on November 4th, we will decide on medical marijuana and more embryonic stem cell research
Proposal 1 is in dealing with Medicianal Marijuana, and this is how the proposal is worded:
PROPOSAL 08-1
PROPOSED LEGISLATIVE AMENDMENT
A legislative initiative to permit the use and cultivation of marijuana for
specified medical conditions. (Proposal provided under a legislative initiative
petition filed with the Secretary of State on November 20, 2007.)
The following is the language of the legislative amendment as it appeared on
the legislative initiative petition.
INITIATION OF LEGISLATION
An initiation of Legislation to allow under state law the medical use of marihuana;
to provide protections for the medical use of marihuana; to provide for a system of
registry identification cards for qualifying patients and primary caregivers; to
impose a fee for registry application and renewal; to provide for the promulgation
of rules; to provide for the administration of this act; to provide for enforcement of
this act; to provide for affirmative defenses; and to provide for penalties for
violations of this act.
The People of the State of Michigan enact:
1. Short Title.
Sec. 1. This act shall be known and may be cited as the Michigan Medical
Marihuana Act.
2. Findings.
Sec. 2. The people of the State of Michigan find and declare that:
(a) Modern medical research, including as found by the National Academy
of Sciences’ Institute of Medicine in a March 1999 report, has discovered
beneficial uses for marihuana in treating or alleviating the pain, nausea, and other
symptoms associated with a variety of debilitating medical conditions.
(b) Data from the Federal Bureau of Investigation Uniform Crime Reports
and the Compendium of Federal Justice Statistics show that approximately 99 out
of every 100 marihuana arrests in the United States are made under state law,
rather than under federal law. Consequently, changing state law will have the
practical effect of protecting from arrest the vast majority of seriously ill people
who have a medical need to use marihuana.
(c) Although federal law currently prohibits any use of marihuana except
under very limited circumstances, states are not required to enforce federal law or
prosecute people for engaging in activities prohibited by federal law. The laws of
Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico,
Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use
and cultivation of marihuana. Michigan joins in this effort for the health and
welfare of its citizens.
3. Definitions.
Sec. 3. As used in this act:
(a) “Debilitating medical condition” means 1 or more of the following:
(1) Cancer, glaucoma, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis,
Crohn’s disease, agitation of Alzheimer’s disease, nail patella, or the treatment of
these conditions.
(2) A chronic or debilitating disease or medical condition or its treatment
that produces 1 or more of the following: cachexia or wasting syndrome; severe
and chronic pain; severe nausea; seizures, including but not limited to those
characteristic of epilepsy; or severe and persistent muscle spasms, including but
not limited to those characteristic of multiple sclerosis.
(3) Any other medical condition or its treatment approved by the
department, as provided for in section 5(a).
(b) “Department” means the state department of community health.
(c) “Enclosed, locked facility” means a closet, room, or other enclosed area
equipped with locks or other security devices that permit access only by a
registered primary caregiver or registered qualifying patient.
(d) “Marihuana” means that term as defined in section 7106 of the public
health code, 1978 PA 368, MCL 333.7106.
(e) “Medical use” means the acquisition, possession, cultivation,
manufacture, use, internal possession, delivery, transfer, or transportation of
marihuana or paraphernalia relating to the administration of marihuana to treat or
alleviate a registered qualifying patient’s debilitating medical condition or
symptoms associated with the debilitating medical condition.
(f) “Physician” means an individual licensed as a physician under Part 170
of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an
osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL
333.17501 to 333.17556.
(g) “Primary caregiver” means a person who is at least 21 years old and who
has agreed to assist with a patient’s medical use of marihuana and who has never
been convicted of a felony involving illegal drugs.
(h) “Qualifying patient” means a person who has been diagnosed by a
physician as having a debilitating medical condition.
(i) “Registry identification card” means a document issued by the
department that identifies a person as a registered qualifying patient or registered
primary caregiver.
(j) “Usable marihuana” means the dried leaves and flowers of the marihuana
plant, and any mixture or preparation thereof, but does not include the seeds,
stalks, and roots of the plant.
(k) “Visiting qualifying patient” means a patient who is not a resident of this
state or who has been a resident of this state for less than 30 days.
(l) “Written certification” means a document signed by a physician, stating
the patient’s debilitating medical condition and stating that, in the physician’s
professional opinion, the patient is likely to receive therapeutic or palliative benefit
from the medical use of marihuana to treat or alleviate the patient’s debilitating
medical condition or symptoms associated with the debilitating medical condition.
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.
(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, provided that 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, the Michigan 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.
5. Department to Promulgate Rules.
Sec. 5. (a) Not later than 120 days after the effective date of this act, the
department shall promulgate rules pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in which the
department shall consider the addition of medical conditions or treatments to the
list of debilitating medical conditions set forth in section 3(a) of this act. In
promulgating rules, the department shall allow for petition by the public to include
additional medical conditions and treatments. In considering such petitions, the
department shall include public notice of, and an opportunity to comment in a
public hearing upon, such petitions. The department shall, after hearing, approve or
deny such petitions within 180 days of the submission of the petition. The
approval or denial of such a petition shall be considered a final department action,
subject to judicial review pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. Jurisdiction and venue for judicial review
are vested in the circuit court for the county of Ingham.
(b) Not later than 120 days after the effective date of this act, the department
shall promulgate rules pursuant to the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328, that govern the manner in which it shall consider
applications for and renewals of registry identification cards for qualifying patients
and primary caregivers. The department’s rules shall establish application and
renewal fees that generate revenues sufficient to offset all expenses of
implementing and administering this act. The department may establish a sliding
scale of application and renewal fees based upon a qualifying patient’s family
income. The department may accept gifts, grants, and other donations from private
sources in order to reduce the application and renewal fees.
6. Administering the Department’s Rules.
Sec. 6. (a) The department shall issue registry identification cards to
qualifying patients who submit the following, in accordance with the department’s
rules:
(1) A written certification;
(2) Application or renewal fee;
(3) Name, address, and date of birth of the qualifying patient, except that if
the applicant is homeless, no address is required;
(4) Name, address, and telephone number of the qualifying patient’s
physician;
(5) Name, address, and date of birth of the qualifying patient’s primary
caregiver, if any; and
(6) If the qualifying patient designates a primary caregiver, a designation as
to whether the qualifying patient or primary caregiver will be allowed under state
law to possess marihuana plants for the qualifying patient’s medical use.
(b) The department shall not issue a registry identification card to a
qualifying patient who is under the age of 18 unless:
(1) The qualifying patient’s physician has explained the potential risks and
benefits of the medical use of marihuana to the qualifying patient and to his or her
parent or legal guardian;
(2) The qualifying patient’s parent or legal guardian submits a written
certification from 2 physicians; and
(3) The qualifying patient’s parent or legal guardian consents in writing to:
(A) Allow the qualifying patient’s medical use of marihuana;
(B) Serve as the qualifying patient’s primary caregiver; and
(C) Control the acquisition of the marihuana, the dosage, and the frequency
of the medical use of marihuana by the qualifying patient.
(c) The department shall verify the information contained in an application
or renewal submitted pursuant to this section, and shall approve or deny an
application or renewal within 15 days of receiving it. The department may deny an
application or renewal only if the applicant did not provide the information
required pursuant to this section, or if the department determines that the
information provided was falsified. Rejection of an application or renewal is
considered a final department action, subject to judicial review. Jurisdiction and
venue for judicial review are vested in the circuit court for the county of Ingham.
(d) The department shall issue a registry identification card to the primary
caregiver, if any, who is named in a qualifying patient’s approved application;
provided that each qualifying patient can have no more than 1 primary caregiver,
and a primary caregiver may assist no more than 5 qualifying patients with their
medical use of marihuana.
(e) The department shall issue registry identification cards within 5 days of
approving an application or renewal, which shall expire 1 year after the date of
issuance. Registry identification cards shall contain all of the following:
(1) Name, address, and date of birth of the qualifying patient.
(2) Name, address, and date of birth of the primary caregiver, if any, of the
qualifying patient.
(3) The date of issuance and expiration date of the registry identification
card.
(4) A random identification number.
(5) A photograph, if the department requires 1 by rule.
(6) A clear designation showing whether the primary caregiver or the
qualifying patient will be allowed under state law to possess the marihuana plants
for the qualifying patient’s medical use, which shall be determined based solely on
the qualifying patient’s preference.
(f) If a registered qualifying patient’s certifying physician notifies the
department in writing that the patient has ceased to suffer from a debilitating
medical condition, the card shall become null and void upon notification by the
department to the patient.
(g) Possession of, or application for, a registry identification card shall not
constitute probable cause or reasonable suspicion, nor shall it be used to support
the search of the person or property of the person possessing or applying for the
registry identification card, or otherwise subject the person or property of the
person to inspection by any local, county or state governmental agency.
(h) The following confidentiality rules shall apply:
(1) Applications and supporting information submitted by qualifying
patients, including information regarding their primary caregivers and physicians,
are confidential.
(2) The department shall maintain a confidential list of the persons to whom
the department has issued registry identification cards. Individual names and other
identifying information on the list is confidential and is exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) The department shall verify to law enforcement personnel whether a
registry identification card is valid, without disclosing more information than is
reasonably necessary to verify the authenticity of the registry identification card.
(4) A person, including an employee or official of the department or another
state agency or local unit of government, who discloses confidential information in
violation of this act is guilty of a misdemeanor, punishable by imprisonment for
not more than 6 months, or a fine of not more than $1, 000.00, or
both. Notwithstanding this provision, department employees may notify law
enforcement about falsified or fraudulent information submitted to the department.
(i) The department shall submit to the legislature an annual report that does
not disclose any identifying information about qualifying patients, primary
caregivers, or physicians, but does contain, at a minimum, all of the following
information:
(1) The number of applications filed for registry identification cards.
(2) The number of qualifying patients and primary caregivers approved in
each county.
(3) The nature of the debilitating medical conditions of the qualifying
patients.
(4) The number of registry identification cards revoked.
(5) The number of physicians providing written certifications for qualifying
patients.
7. Scope of Act.
Sec. 7. (a) The medical use of marihuana is allowed under state law to the
extent that it is carried out in accordance with the provisions of this act.
(b) This act shall not permit any person to do any of the following:
(1) Undertake any task under the influence of marihuana, when doing so
would constitute negligence or professional malpractice.
(2) Possess marihuana, or otherwise engage in the medical use of marihuana:
(A) in a school bus;
(B) on the grounds of any preschool or primary or secondary school; or
(C) in any correctional facility.
(3) Smoke marihuana:
(A) on any form of public transportation; or
(B) in any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle,
aircraft, or motorboat while under the influence of marihuana.
(5) Use marihuana if that person does not have a serious or debilitating
medical condition.
(c) Nothing in this act shall be construed to require:
(1) A government medical assistance program or commercial or non-profit
health insurer to reimburse a person for costs associated with the medical use of
marihuana.
(2) An employer to accommodate the ingestion of marihuana in any
workplace or any employee working while under the influence of marihuana.
(d) Fraudulent representation to a law enforcement official of any fact or
circumstance relating to the medical use of marihuana to avoid arrest or
prosecution shall be punishable by a fine of $500.00, which shall be in addition to
any other penalties that may apply for making a false statement or for the use of
marihuana other than use undertaken pursuant to this act.
(e) All other acts and parts of acts inconsistent with this act do not apply to
the medical use of marihuana as provided for by this act.
8. Affirmative Defense and Dismissal for Medical Marihuana.
Sec. 8. (a) Except as provided in section 7, a patient and a patient’s primary
caregiver, if any, may assert the medical purpose for using marihuana as a defense
to any prosecution involving marihuana, and this defense shall be presumed valid
where the evidence shows that:
(1) A physician has stated that, in the physician’s professional opinion, after
having completed a full assessment of the patient’s medical history and current
medical condition made in the course of a bona fide physician-patient relationship,
the 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 of the patient’s serious or debilitating medical condition;
(2) The patient and the patient’s primary caregiver, if any, were collectively
in possession of a quantity of marihuana that was not more than was reasonably
necessary to ensure the uninterrupted availability of marihuana for the purpose of
treating or alleviating the patient’s serious or debilitating medical condition or
symptoms of the patient’s serious or debilitating medical condition; and
(3) The patient and the patient’s primary caregiver, if any, were engaged in
the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or
transportation of marihuana or paraphernalia relating to the use of marihuana to
treat or alleviate the patient’s serious or debilitating medical condition or symptoms
of the patient’s serious or debilitating medical condition.
(b) A person may assert the medical purpose for using marihuana in a
motion to dismiss, and the charges shall be dismissed following an evidentiary
hearing where the person shows the elements listed in subsection (a).
(c) If a patient or a patient’s primary caregiver demonstrates the patient’s
medical purpose for using marihuana pursuant to this section, the patient and the
patient’s primary caregiver shall not be subject to the following for the patient’s
medical use of marihuana:
(1) disciplinary action by a business or occupational or professional
licensing board or bureau; or
(2) forfeiture of any interest in or right to property.
On the ballot, it will look like this:
The Good
This amendment would legalize marijuana for patients and care givers, allowing those who need it for pain relief to get it and not face prosecution. Would allow police to focus on other problems and not people who want to get high.
The Bad
Legislation leaves it open for almost any disease to be included in the list of allowable marijuana treatments, has the potential to explode into a black market supporting industry. Creates a new beaurocracy.
The Verdict
While there are a lot of pros and cons to this argument, the benefits of legal marijuana outweigh the cons.
There are two major groups against this measure. One of them is calling themselves a family organization, who’se arguments are rooted primarily in the fear of the people, trying to scare them into believing that Marijuana is going to harm their children and destroy society as we know it. They want us to believe that if marijuana is leagalized that your child’s bus driver will be driving while high or that your children will be exposed to the drug young and often. They want you to believe that pot stores will pop up left and right and try to sucker us all in. It is nothing more than the same fear tactics other groups have used for years and the argument is based purely on speculation and “what-if” scenarios. It’s just meant to scare people, hopefull you all know better.
The other group is pharmasutical companies, who know that if there is a cheap plant that can be grown for pain relief that their business is in trouble.
Imagine it, just on that. A simple, natural alternative to prescription narcotics that people can grow, and smoke in their own homes without having to deal with anyone else. Not to mention the side effects are almost non-existant compared with so many prescription pain killers, including dependency and addiction to a narcotic.
Opponents also say that this will cost the tax payers money as a new card system with a beaurocracy to handle it would be created. But how much more money will the state save by not having to pay police to arrest pot smokers, attourneys to prosecute/defend them, and prisons to incarserate them?
This fiscally and morally responsible thing to do is to allow all people to do what they wish to their bodies and not spend money to chase something that can never be caught. Let the police worry about the rapists and murders in our cities, not the people looking for pain relief.
Proposal 2 is in dealing with Embryonic stem cell research, and this is how the proposal is worded:
PROPOSAL 08-2
PROPOSED CONSTITUTIONAL AMENDMENT
A proposal to amend the State Constitution to address human embryo and
human embryonic stem cell research in Michigan. (Proposal provided under
an initiative petition filed with the Secretary of State on July 7, 2008.)
The proposal would add a new Section 27 to Article 1 of the State Constitution
to read as follows:
ARTICLE 1
Section 27. (1) Nothing in this section shall alter Michigan’s current prohibition
on human cloning.
(2) To ensure that Michigan citizens have access to stem cell therapies and
cures, and to ensure that physicians and researchers can conduct the most
promising forms of medical research in this state, and that all such research is
conducted safely and ethically, any research permitted under federal law on human
embryos may be conducted in Michigan, subject to the requirements of federal law
and only the following additional limitations and requirements:
(a) No stem cells may be taken from a human embryo more than fourteen
days after cell division begins; provided, however, that time during
which an embryo is frozen does not count against this fourteen day
limit.
(b) The human embryos were created for the purpose of fertility treatment
and, with voluntary and informed consent, documented in writing, the
person seeking fertility treatment chose to donate the embryos for
research; and
(i) the embryos were in excess of the clinical need of the person
seeking the fertility treatment and would otherwise be discarded
unless they are used for research; or
(ii) the embryos were not suitable for implantation and would otherwise
be discarded unless they are used for research.
(c) No person may, for valuable consideration, purchase or sell human
embryos for stem cell research or stem cell therapies and cures.
(d) All stem cell research and all stem cell therapies and cures must be
conducted and provided in accordance with state and local laws of
general applicability, including but not limited to laws concerning
scientific and medical practices and patient safety and privacy, to the
extent that any such laws do not:
(i) prevent, restrict, obstruct, or discourage any stem cell research or
stem cell therapies and cures that are permitted by the provisions
of this section; or
(ii) create disincentives for any person to engage in or otherwise
associate with such research or therapies or cures.
(3) Any provision of this section held unconstitutional shall be severable from
the remaining portions of this section.
And on the ballot, it will look like this:
The Good
With any kind of research, there is potential for medical breakthroughs and the opportunity to save many lives down the road.
The Bad
This leaves things open to all sorts of interesting problems, including abuse, egg harvesting, and creating human life for the simple purpose of destroying it.
The Verdict
This proposal, is, at a glance, extremely vague. Which is all the more dangerous since this isn’t just a piece of legislature like prop 1, but an actual constitutional amendment. And I tend to look at constitutional amendments very carefully, and just on that basis I would vote against this proposition.
But look once again, and you’ll see that nearly all of the stem cell research that has produced results has been from adult stem cells, not embryonic ones. Michigan tax payers would get stuck paying the bill researching something that has yet to prove itself and will become embedded into our constituion, forbiding local government from challenging it?
Nothing about this amendment makes sense, yet it completely deregulates an industry that deals in human life. I believe strongly in almost all forms of deregulation, but is this really the place to start? I say absolutely not. State funded science is a beast to be slain to begin with, and putting controversey and human life all over it is most definately not the way to continue it.
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