Michigan Laws 333.29303 – Prohibitions on grower
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Terms Used In Michigan Laws 333.29303
- Department: means the department of agriculture and rural development. See Michigan Laws 333.29103
- Dispose: means an activity that transitions industrial hemp into a nonretrievable or noningestible form of industrial hemp under section 407. See Michigan Laws 333.29103
- Dwelling: means a house, building, tent, trailer, vehicle, or other shelter that is occupied in whole or in part as a home, residence, living place, or sleeping place for 1 or more individuals either permanently or transiently, or any portion thereof. See Michigan Laws 333.29103
- Grower: means a person that is required to be registered under section 201. See Michigan Laws 333.29103
- Industrial hemp: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 333.29103
- Marihuana: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 333.29103
- Official hemp sample: means a sample of an industrial hemp lot that is collected by a designated sampling agent under section 401 in accordance with department sampling protocols and is tested by a regulatory testing facility. See Michigan Laws 333.29103
- Person: means an individual, partnership, corporation, association, college or university, or other legal entity. See Michigan Laws 333.29103
- Registration: means a grower registration granted under this act. See Michigan Laws 333.29103
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Variety: means a subdivision of a species that has the following characteristics:
(i) The subdivision is uniform, in the sense that variations between the subdivision and other subdivisions in essential and distinctive characteristics are describable. See Michigan Laws 333.29103Viable seed: means seed that has a germination rate of greater than 0. See Michigan Laws 333.29103
A grower shall not do any of the following:
(a) Grow industrial hemp that is not in compliance with the grower’s registration.
(b) Grow industrial hemp in a location that is not disclosed on the grower’s application under section 201.
(c) Grow industrial hemp in a location that is not owned or completely controlled by the grower. As used in this subdivision, “completely controlled” means to be solely responsible for all of the industrial hemp grown at a location.
(d) Grow industrial hemp in a dwelling.
(e) Grow a variety of industrial hemp that is on the list created under section 505.
(f) Sell or transport, or permit the sale or transport of, viable industrial hemp plants or viable seed.
(g) Harvest industrial hemp before an official hemp sample is collected under section 401.
(h) Sell raw industrial hemp to a person in this state that is not licensed as a processor-handler under the industrial hemp research and development act, 2014 PA 547, MCL 286.841 to 286.859, or as a processor under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, as authorized under this act.
(i) Dispose of industrial hemp without submitting a notice of intent to dispose to the department under section 407(6)(a). This subdivision does not apply to a grower that disposes of industrial hemp affected by poor health, pests, disease, or weather or to prevent cross-pollination of male or hermaphrodite industrial hemp plants.
(j) Sell an intermediary, in-process, or finished industrial hemp product or smokable hemp flower, unless the grower is licensed as a processor-handler under the industrial hemp research and development act, 2014 PA 547, MCL 286.841 to 286.859, or as a processor under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.