Michigan’s Senate Bill 736 Targets Parents Who Have Medical Marijuana Card

Jan 16 2014 Published by under Komorn Law Blog

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Medical Marijuana Patients and Caregivers are the target of yet another Senate Bill, SB 736, which is currently undergoing review before it is sent to the floor for a vote.  Information about the bill is limited at this time, though what little my office has learned thus far is a shocking example of the lengths some of our government officials will go to to eviscerate the Medical Marijuana Act.

Under the current language, individuals who possess a medical marijuana card and who have children living at home under their care would be subject to a court’s ruling of whether or not their medical use of marijuana is appropriate.  In other words, it gives a judge the power to review an individual’s medical record and deem whether or not they should be allowed to use cannabis to treat their condition.  It is a shocking abuse of power and violates medical marijuana patients’ Civil Rights.

SB 736 would allow Judges to give CPS the power to take children from the home of any parent who uses medical marijuana, and would also require the patient to see another doctor to evaluate their medical use of marijuana, and prescribe them medications in place of marijuana.

My office will follow the progress of this bill as more information becomes available and will keep you up to date.

Some highlights from SB 736:

(17) IF IN A PROCEEDING UNDER THIS SECTION A COURT FINDS THAT A PARENT, GUARDIAN, CUSTODIAN, OR NONPARENT ADULT HAS MEDICATION PRESCRIBED BY A QUALIFIED PHYSICIAN UNDER THE MICHIGAN MEDICAL MARIHUANA ACT, 2008 IL 1, MCL 333.26421 TO 333.26430, AND THAT THE PARENT’S, GUARDIAN’S, CUSTODIAN’S, OR NONPARENT ADULT’S CONTINUED USE OF THE MEDICATION MIGHT BE INTERFERING WITH THE ABILITY, JUDGMENT, OR SKILL TO PARENT OR CARE FOR THE CHILD BASED ON THE PARENT’S, GUARDIAN’S, CUSTODIAN’S, OR NONPARENT ADULT’S HISTORY OR ANY OTHER INFORMATION, THE COURT MAY ISSUE AN ORDER DIRECTING THE PARENT, GUARDIAN, CUSTODIAN, OR NONPARENT ADULT TO DO ANY OF THE FOLLOWING:

(A) SIGN A RELEASE TO ALLOW THE COURT TO VIEW HIS OR HER MEDICAL RECORDS TO DETERMINE THE REASON FOR THE PRESCRIPTION AND THE RELATIONSHIP BETWEEN THE QUALIFIED PHYSICIAN AND THE PARENT, GUARDIAN, CUSTODIAN, OR NONPARENT ADULT.

     (B) SUBMIT TO AN INDEPENDENT MEDICAL EVALUATION TO DETERMINE IF THE PRESCRIPTION IS NECESSARY OR IF OTHER MEDICATION WOULD BE IN THE PARENT’S, GUARDIAN’S, CUSTODIAN’S, OR NONPARENT ADULT’S BEST INTERESTS.

(C) DISCONTINUE USE OF THE MEDICATION IF THE PARENT’S, GUARDIAN’S, CUSTODIAN’S, OR NONPARENT ADULT’S MEDICAL EVALUATION OR RECORDS INDICATE THAT IT IS NOT IN THE PARENT’S, GUARDIAN’S, CUSTODIAN’S, OR NONPARENT ADULT’S BEST INTERESTS TO CONTINUE USE.

(D) CONTINUE USE UNDER THE QUALIFIED PHYSICIAN’S DIRECTIVE AND APPROVAL AND ALLOW THE COURT TO VIEW MEDICAL RECORDS FOR THE DURATION OF THE CASE TO DETERMINE IF THERE IS FURTHER REASON FOR CONCERN THAT THE PARENT’S, GUARDIAN’S, CUSTODIAN’S, OR NONPARENT ADULT’S CONTINUED USE OF THE MEDICATION MIGHT BE INTERFERING WITH THE ABILITY, JUDGMENT, OR SKILL TO PARENT OR CARE FOR THE CHILD.

(E) ANY OTHER ORDER THAT THE COURT CONSIDERS NECESSARY THAT IS OTHERWISE WITHIN THE AUTHORITY OF THE COURT IN THE BEST INTERESTS OF THE CHILD.

To read Senate Bill 736 please follow this link:  http://www.legislature.mi.gov/documents/2013-2014/billintroduced/Senate/htm/2014-SIB-0736.htm

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