Bill Text: MI SB1148 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Controlled substances; marihuana; CBD oil; exclude from definition of marihuana. Amends sec. 7106 of 1978 PA 368 (MCL 333.7106).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-11-08 - Referred To Committee On Judiciary [SB1148 Detail]

Download: Michigan-2017-SB1148-Introduced.html

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SENATE BILL No. 1148

 

 

November 8, 2018, Introduced by Senator ANANICH and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7106 (MCL 333.7106), as amended by 2014 PA 548.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7106. (1) "Immediate precursor" means a substance that

 

the administrator has found to be and by rule designates as being

 

the principal compound commonly used or produced primarily for use

 

and that is an immediate chemical intermediary used or likely to be

 

used in the manufacture of a controlled substance, the control of

 

which is necessary to prevent, curtail, or limit manufacture.

 

     (2) "Industrial hemp" means the plant Cannabis sativa L. and

 

any part of the plant, whether growing or not, with a delta-9-

 

tetrahydrocannibinol delta-9-tetrahydrocannabinol concentration of

 

not more than 0.3% on a dry weight basis.

 

     (3) "Manufacture" means the production, preparation,

propagation, compounding, conversion, or processing of a controlled

 

substance, directly or indirectly by extraction from substances of

 

natural origin, or independently by means of chemical synthesis, or

 

by a combination of extraction and chemical synthesis. It includes

 

the packaging or repackaging of the substance or labeling or

 

relabeling of its container, except that it does not include either

 

of the following:

 

     (a) The preparation or compounding of a controlled substance

 

by an individual for his or her own use.

 

     (b) The preparation, compounding packaging, or labeling of a

 

controlled substance by either of the following:

 

     (i) A practitioner as an incident to the practitioner's

 

administering or dispensing of a controlled substance in the course

 

of his or her professional practice.

 

     (ii) A practitioner, or by the practitioner's authorized agent

 

under his or her supervision, for the purpose of, or as an incident

 

to, research, teaching, or chemical analysis, and not for sale.

 

     (4) "Marihuana" means all parts of the plant Cannabis sativa

 

L., growing or not; the seeds of that 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. Marihuana does not include the mature stalks of the plant,

 

fiber produced from the stalks, oil or cake made from the seeds of

 

the plant, 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. Marihuana does

not include industrial any of the following:

 

     (a) Industrial hemp grown or cultivated, or both, for research

 

purposes under the industrial hemp research act.

 

     (b) Cannabidiol with a delta-9-tetrahydrocannabinol

 

concentration of not more than 0.3% on a dry weight basis.

 

     (c) Cannabidiol acid with a delta-9-tetrahydrocannabinol

 

concentration of not more than 0.3% on a dry weight basis.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.