Bill Text: MI HB5440 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Controlled substances; marihuana; definition of "marihuana"; revise to exclude industrial hemp grown or cultivated for research. Amends sec. 7106 of 1978 PA 368 (MCL 333.7106). TIE BAR WITH: HB 5439'14
Spectrum: Bipartisan Bill
Status: (Passed) 2014-12-31 - Assigned Pa 548'14 With Immediate Effect 2014 Addenda [HB5440 Detail]
Download: Michigan-2013-HB5440-Introduced.html
HOUSE BILL No. 5440
March 27, 2014, Introduced by Reps. Pettalia, Daley, Foster, Kelly, Somerville, Haines, Pscholka, Victory, Lauwers, Johnson, Poleski, Stallworth, Yonker, LaVoy, Pagel, VerHeulen, Muxlow, Jacobsen, Denby, Lori, Rendon, LaFontaine, Lyons, McBroom, McMillin, Genetski, Crawford, Kosowski, Bumstead, Brown, Cotter, Singh, Shirkey, Kowall, Santana, Roberts, Robinson, Slavens, Hovey-Wright, Kandrevas, McCann, Barnett, Darany, Faris, Durhal, Talabi, Townsend, Phelps, Yanez, Switalski, Irwin, Kivela, Dianda, Cochran, Geiss, Schor, Stanley, Potvin, Schmidt, Callton, McCready, Glardon, MacMaster and Oakes and referred to the Committee on Agriculture.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7106 (MCL 333.7106).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7106. (1) "Immediate precursor" means a substance which
that the administrator has found to be and by rule designates as
being the principal compound commonly used or produced primarily
for
use , and which
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 concentration of not more than 0.3% on a dry
weight basis.
(3) (2)
"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) By a 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) By a 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) (3)
"Marihuana" means all
parts of the plant Canabis
Cannabis
sativa L., growing or not; the seeds thereof;
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. It 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 therefrom from those
stalks, fiber, oil, or cake, or the any sterilized
seed of the
plant
which that is incapable of germination. Marihuana does not
include industrial hemp grown or cultivated, or both, for research
purposes under the industrial hemp research act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5439 (request no.
05174'14) of the 97th Legislature is enacted into law.
