Bill Text: MI HB5894 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Marihuana: other; rule prohibiting marihuana businesses from donating to nonprofit organizations; prohibit marijuana regulatory agency from promulgating. Amends secs. 3 & 8 of 2018 IL 1 (MCL 333.27953 & 333.27958).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-24 - Bill Electronically Reproduced 06/23/2020 [HB5894 Detail]
Download: Michigan-2019-HB5894-Introduced.html
HOUSE BILL NO. 5894
June 23, 2020, Introduced by Rep. Wendzel and
referred to the Committee on Judiciary.
A bill to amend 2018 IL 1, entitled
"Michigan Regulation and Taxation of Marihuana Act,"
by amending sections 3 and 8 (MCL 333.27953 and 333.27958), section 8 as amended by 2020 PA 31.
the people of the state of michigan enact:
(a) "Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
(b) "Department" means the department of licensing and regulatory affairs.
(c) "Industrial hemp" means a plant of the genus cannabis Cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed of 0.3% or less on a dry-weight basis , or per volume or weight of marihuana-infused product, or for which the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant, of the genus cannabis regardless of moisture content, is 0.3% or less.
(d) "Licensee" means a person holding a state license.
(e) "Marihuana" means all parts of the plant of the genus cannabis, Cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana Marihuana does not include any of the following:
(i) (1) the The mature stalks of the plant, fiber produced from the mature stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks. , except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(ii) (2) industrial Industrial hemp. ; or
(iii) (3) any Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(f) "Marihuana accessories" means any equipment, product, material, or combination of equipment, products, or materials, which that is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.
(g) "Marihuana concentrate" means the resin extracted from any part of the plant of the genus cannabis.Cannabis.
(h) "Marihuana establishment" means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department.marijuana regulatory agency.
(i) "Marihuana grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
(j) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
(k) "Marihuana microbusiness" means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
(l) "Marihuana processor" means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
(m) "Marihuana retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
(n) "Marihuana secure transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
(o) "Marihuana safety compliance facility" means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
(p) "Marijuana regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001.
(q) (p) "Municipal license" means a license issued by a municipality pursuant to section 16 of this act that allows a person to operate a marihuana establishment in that municipality.
(r) (q) "Municipality" means a city, village, or township.
(s) (r) "Person" means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
(t) (s) "Process" or "Processing" means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.
(u) (t) "State license" means a license issued by the department marijuana regulatory agency that allows a person to operate a marihuana establishment.
(v) (u) "Unreasonably impracticable" means that the measures necessary to comply with the rules or ordinances adopted pursuant to this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment.
Sec. 8.
(1) The marijuana regulatory agency shall promulgate rules to implement and
administer this act that include all of the following:
(a) Procedures for issuing a state license pursuant to
section 9 and for renewing, suspending, and revoking a state license.
(b) A schedule of fees in amounts not more than
necessary to pay for implementation, administration, and enforcement costs of
this act and that relate to the size of each licensee or the volume of business
conducted by the licensee.
(c) Qualifications for licensure that are directly and
demonstrably related to the operation of a marihuana establishment. However, a
prior conviction solely for a marihuana-related offense does not disqualify an
individual or otherwise affect eligibility for licensure, unless the offense
involved distribution of a controlled substance to a minor.
(d) Requirements and standards for safe cultivation,
processing, and distribution of marihuana by marihuana establishments,
including health standards to ensure the safe preparation of marihuana-infused
products and prohibitions on pesticides that are not safe for use on marihuana.
(e) Testing, packaging, and labeling standards,
procedures, and requirements for marihuana, including, but not limited to, all
of the following:
(i) A maximum
tetrahydrocannabinol level for marihuana-infused products.
(ii) A requirement that a representative sample of marihuana be
tested by a marihuana safety compliance facility.
(iii) A requirement that the amount of marihuana or marihuana
concentrate contained within a marihuana-infused product be specified on the
product label.
(iv) A requirement that all marihuana sold through marihuana
retailers and marihuana microbusinesses include on the exterior of the
marihuana packaging the following warning printed in clearly legible type and
surrounded by a continuous heavy line:
WARNING: USE BY
PREGNANT OR BREASTFEEDING WOMEN, OR BY
WOMEN PLANNING TO
BECOME PREGNANT, MAY RESULT IN FETAL
INJURY, PRETERM
BIRTH, LOW BIRTH WEIGHT, OR DEVELOPMENTAL
PROBLEMS FOR THE
CHILD.
(f) Security
requirements, including lighting, physical security, and alarm requirements,
and requirements for securely transporting marihuana between marihuana
establishments. The requirements described in this subdivision must not
prohibit cultivation of marihuana outdoors or in greenhouses.
(g) Record keeping
requirements for marihuana establishments and monitoring requirements to track
the transfer of marihuana by licensees.
(h) Requirements
for the operation of marihuana secure transporters to ensure that all marihuana
establishments are properly serviced.
(i) Reasonable
restrictions on advertising, marketing, and display of marihuana and marihuana
establishments.
(j) A plan to
promote and encourage participation in the marihuana industry by people from
communities that have been disproportionately impacted by marihuana prohibition
and enforcement and to positively impact those communities.
(k) Penalties for
failure to comply with any rule promulgated pursuant to this section or for any
violation of this act by a licensee, including civil fines and suspension,
revocation, or restriction of a state license.
(l) Informational pamphlet standards for marihuana retailers
and marihuana microbusinesses, including, but not limited to, a requirement to
make available to every customer at the time of sale a pamphlet measuring 3.5
inches by 5 inches that includes safety information related to marihuana use by
minors and the poison control hotline number.
(2) The marijuana
regulatory agency may promulgate rules to do any of the following:
(a) Provide for the
issuance of additional types or classes of state licenses to operate
marihuana-related businesses, including licenses that authorize any of the
following:
(i) Limited cultivation, processing, transportation, delivery,
storage, sale, or purchase of marihuana.
(ii) Consumption of marihuana within designated areas.
(iii) Consumption of marihuana at special events in limited areas
and for a limited time.
(iv) Cultivation for purposes of propagation.
(v) Facilitation of scientific research or education.
(b) Regulate the
cultivation, processing, distribution, and sale of industrial hemp.
(3) The marijuana
regulatory agency shall not promulgate a rule that does any of the following:
(a) Establishes a
limit on the number of any type of state licenses license that may be granted.
(b) Requires a
customer to provide a marihuana retailer with identifying information other
than identification to determine the customer's age or requires the marihuana
retailer to acquire or record personal information about customers other than
information typically required in a retail transaction.
(c) Prohibits a
marihuana establishment from operating at a shared location of a marihuana
facility operating pursuant to the medical marihuana facilities licensing act,
2016 PA 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower,
marihuana processor, or marihuana retailer from operating within a single
facility.
(d) Is unreasonably
impracticable.
(e) Prohibits a
licensee from donating money to a nonprofit organization.
(f) Prohibits a
licensee from sponsoring, supporting, or donating money to a substance use
disorder education program for youth.
(4) A rule
promulgated under this act must be promulgated pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(5) As used in
this section, "marijuana regulatory agency" means the marijuana
regulatory agency created under Executive Reorganization Order No. 2019-2, MCL
333.27001.
