Michigan Laws 333.27958 – Rules; limitations
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Terms Used In Michigan Laws 333.27958
- Cannabis regulatory agency: means the marijuana regulatory agency created under Executive Reorganization Order No. See Michigan Laws 333.27953
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Industrial hemp: means any of the following:
(i) A plant of the genus Cannabis, whether growing or not, with a THC concentration of 0. See Michigan Laws 333.27953Licensee: means a person holding a state license. See Michigan Laws 333.27953 Marihuana: means any of the following:
(i) A plant of the genus Cannabis, whether growing or not. See Michigan Laws 333.27953Marihuana concentrate: means the resin extracted from any part of a plant of the genus Cannabis. See Michigan Laws 333.27953 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 cannabis regulatory agency. See Michigan Laws 333.27953 Marihuana grower: means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments. See Michigan Laws 333.27953 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. See Michigan Laws 333.27953 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. See Michigan Laws 333.27953 Marihuana safety compliance facility: means a person licensed to test marihuana, including certification for potency and the presence of contaminants. See Michigan Laws 333.27953 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. See Michigan Laws 333.27953 processing: means to separate or otherwise prepare parts of a marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products. See Michigan Laws 333.27953 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 State license: means a license issued by the cannabis regulatory agency that allows a person to operate a marihuana establishment. See Michigan Laws 333.27953 THC: means any of the following:
(i) Tetrahydrocannabinolic acid. See Michigan Laws 333.27953Unreasonably 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. See Michigan Laws 333.27953
(1) The cannabis 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 must 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 THC 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 a rule promulgated pursuant to this section or for a 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.
(m) Procedures and standards for approving an appointee to operate a marihuana establishment under section 9a.
(n) A limit on the total amount of THC that a product described in section 3(f)(v)(A) may contain.
(2) The cannabis 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.
(c) Exclude from the definition of THC in section 3 a tetrahydrocannabinol if, after the cannabis regulatory agency makes findings with respect to each of the following factors, the cannabis regulatory agency determines that the tetrahydrocannabinol does not have a potential for abuse:
(i) The actual or relative potential for abuse of the tetrahydrocannabinol.
(ii) The scientific evidence of the tetrahydrocannabinol’s pharmacological effect, if known.
(iii) The state of current scientific knowledge regarding the tetrahydrocannabinol.
(iv) The history and current pattern of abuse of the tetrahydrocannabinol.
(v) The scope, duration, and significance of abuse of the tetrahydrocannabinol.
(vi) The tetrahydrocannabinol’s risk to the public health.
(vii) The potential of the tetrahydrocannabinol to produce psychic or physiological dependence liability.
(3) The cannabis regulatory agency shall not promulgate a rule that is unreasonably impracticable or that does any of the following:
(a) Establishes a limit on the number of any type of state 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.
(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.