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File #: 11-0835    Version: Name: 7/5/11 Medical Marijuana FOIA resolution
Type: Resolution Status: Passed
File created: 7/5/2011 In control: City Council
On agenda: 7/5/2011 Final action: 7/5/2011
Enactment date: 7/5/2011 Enactment #: R-11-282
Title: Resolution Adopting a Policy of Non-Disclosure of Certain Medical Marijuana Information
Sponsors: Sabra Briere
Title
Resolution Adopting a Policy of Non-Disclosure of Certain Medical Marijuana Information
Body
Whereas, Subsection 6(h) of the Michigan Medical Marihuana Act, MCL 333.26426(h), provides that the following information is protected against disclosure by both state agencies and any local unit of government that has received the information, subject to exceptions for disclosure of certain enumerated information to law enforcement personnel:

(1) Applications to the Michigan Department of Community Health for medical marijuana registry identification cards and supporting information submitted by qualifying patients, including: the name, address and date of birth of the qualifying patient; the name, address and date of birth of the qualifying patient’s primary caregiver; the name, address and telephone number of the qualifying patient’s physician; and any designation as to whether the qualifying patient or primary caregiver will be allowed under state law to possess marijuana plants for the qualifying patient's medical use; and

(2) Individual names and other identifying information on the Michigan Department of Community Health’s list of the persons to whom the Department has issued registry identification cards.

Whereas, The City desires to protect the same information as is protected under the Michigan Medical Marihuana Act if any of the same information is received by the City as part of the zoning and/or licensing process for medical marijuana caregivers, dispensaries or other providers; and

Whereas, The Michigan Freedom of Information Act provides for information to be exempted from disclosure on the basis of privacy (MCL 15.243(1)(a)) and/or because the information is protected against disclosure by statute (MCL 15.243(1)(h));

RESOLVED, That the following information, if provided to the City as part of the zoning and/or licensing process for medical marijuana caregivers, dispensaries or other providers, shall be protected against public disclosure in t...

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