On May 1, 2012, a new house bill intended to clear the murky waters surrounding the State's Medical Marihuana Act was introduced by Representatives Callton, Daley and Cavanagh.  Unlike many bills introduced in the last year and a half, HB 5580 allows for protected acquisition, possession, cultivation, manufacture, delivery, transfer, transportation and sale of medical marihuana in the State.  The new bill allows for distribution and cultivation sites called "Medical Marihuana Provisioning Centers" ("MMP Centers") to be located at municipalities allowing such businesses.  State criminal law immunities are provided for these centers and their employees as long as their conduct is within the limits of the bill and allowed by the municipalities in which they occur.  Included in the list of protected activities are sales of medical marihuana by the qualified patients and registered caregivers to the MMP Centers and vice versa and transportation of medical marihuana to qualified patients' homes or MMP Centers.  A primary concern of most local governments with respect to physical locations of medical marihuana growth and distribution centers is also addressed in the bill.  It would prohibit their existence within 1,000 feet from any preexisting school and ban the sharing of a building with a physician.

The Act also introduces "Safety Compliance Facilities" for testing medical marihuana for contaminants or potency.  The employees and owners of these facilities are also granted immunities.  Local municipalities are given the right to regulate and license both the MMP Centers and Safety Compliance Facilities. Access to cultivation and growth sites are limited to business employees and in limited instances, others including employees of a municipality required to inspect the activities.  In case of transportation and transfer of medical marihuana, such activities are granted immunity only through those localities where they are allowed.  Non-resident medical marihuana card holders from other states, the definition of usable marihuana and record keeping requirements in relation to confidentiality concerns are also addressed in the proposed bill.

The language of HB 5580 addresses many of the hurdles the Michigan medical marihuana community, law enforcement and the judiciary have tried to navigate since the passage of the Michigan Medical Marihuana Act.  Although acceptance as proposed is highly doubtful within the current mosaic of State legislation, the Bill would provide for some balance between the medical marihuana community and the State and local government.

A full text of the proposed bill can be found here.