HOUSE BILL NO. 4322
February 24, 2021, Introduced by Rep. Wendzel
and referred to the Committee on Regulatory Reform.
A bill to amend 2018 IL 1, entitled
"Michigan Regulation and Taxation of Marihuana Act,"
by amending section 8 (MCL 333.27958), as amended by 2020 PA 208.
the people of the state of michigan enact:
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.
(m) Procedures and
standards for approving an appointee to operate a marihuana establishment under
section 9a.
(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.