Michigan Laws 333.27957 – Implementation, administration, and enforcement by cannabis regulatory agency; powers and duties; agreement with Indian tribe; conflict of interest; liability; cooperation of department of state
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Terms Used In Michigan Laws 333.27957
- Cannabis regulatory agency: means the marijuana regulatory agency created under Executive Reorganization Order No. See Michigan Laws 333.27953
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the cannabis regulatory agency. See Michigan Laws 333.27953
- Indian tribe: means any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the United States Secretary of the Interior for the special programs and services provided by the United States to Indians because of their status as Indians, and is recognized as possessing powers of self-government. See Michigan Laws 333.27953
- Licensee: 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 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 Person: means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity. 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 Tribal marihuana business: means a business that meets all of the following conditions:
(i) The business engages in the type of activities licensed under this act. See Michigan Laws 333.27953
(1) The cannabis regulatory agency is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. The cannabis regulatory agency shall do all of the following:
(a) Promulgate rules pursuant to section 8 that are necessary to implement, administer, and enforce this act.
(b) Grant or deny each application for licensure and investigate each applicant to determine eligibility for licensure, including conducting a background investigation on each person holding an ownership interest in the applicant.
(c) Ensure that marihuana establishments comply with this act and the rules promulgated under this act by doing all of the following:
(i) Performing investigations of compliance and regular inspections of marihuana establishments.
(ii) Taking appropriate disciplinary action against a licensee, including prescribing civil fines for violations of this act or the rules promulgated under this act and suspending, restricting, or revoking a state license.
(d) Hold at least 4 public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to administration of this act.
(e) Collect fees for licensure and fines for violations of this act or the rules promulgated under this act.
(f) Deposit all fees collected for licensure into the marihuana regulation fund established under section 14 and remit all fines collected for deposit into the general fund.
(g) Submit an annual report to the governor covering the immediately preceding year that includes all of the following:
(i) The number of state licenses of each class issued.
(ii) Demographic information of licensees.
(iii) A description of enforcement and disciplinary actions taken against licensees.
(iv) A statement of revenues and expenses of the cannabis regulatory agency related to the implementation, administration, and enforcement of this act.
(h) Employ personnel as necessary to adequately perform its duties.
(2) The cannabis regulatory agency may do either of the following:
(a) Enter into an agreement with an advisor or consultant as necessary to adequately perform its duties under this act.
(b) Enter into an agreement with an Indian tribe regarding marihuana-related regulatory issues that involve the interests of this state and the Indian tribe, including, but not limited to, issues related to the commercial growing, processing, sale, testing, transportation, and possession of marihuana.
(3) A person who has a pecuniary interest, directly or indirectly, in a marihuana establishment or tribal marihuana business may not be an employee, advisor, or consultant involved in the implementation, administration, or enforcement of this act. An employee, advisor, or consultant of the cannabis regulatory agency is not personally liable for any action at law for damages sustained by a person because of an action performed or done in the performance of the employee’s, advisor’s, or consultant’s duties in the implementation, administration, or enforcement of this act.
(4) The department of state police shall cooperate and assist the cannabis regulatory agency in performing the cannabis regulatory agency’s duties under this act, including, but not limited to, conducting background investigations of applicants.