Bill Text: MI HB4126 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Marihuana; other; requirement for health warning labels on marihuana products sold in Michigan; provide for. Amends sec. 8 of 2018 IL 1 (MCL 333.27958).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2020-02-20 - Assigned Pa 31'20 With Immediate Effect [HB4126 Detail]
Download: Michigan-2019-HB4126-Introduced.html
HOUSE BILL No. 4126
February 5, 2019, Introduced by Reps. Albert and Rendon and referred to the Committee on Judiciary.
A bill to amend 2018 IL 1, entitled
"Michigan regulation and taxation of marihuana act,"
by amending section 8 (MCL 333.27958).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 8. (1) 1. The
department shall promulgate rules to
2 implement and administer this act pursuant to the administrative
3 procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328,
4 including:that
include all of the following:
5 (a) procedures Procedures
for issuing a state license pursuant
6 to section 9 of this act and for renewing, suspending, and
revoking
7 a state license. ;
8 (b) a A schedule of fees in amounts not more than necessary
to
9 pay for implementation, administration, and enforcement costs of
1 this act and that relate to the size of each licensee or the volume
2 of business conducted by the licensee. ;
3 (c) qualifications Qualifications for licensure
that are
4 directly and demonstrably related to the operation of a marihuana
5 establishment. , provided that However, a prior conviction
solely
6 for a marihuana-related offense does not disqualify an individual
7 or otherwise affect eligibility for licensure, unless the offense
8 involved distribution of a controlled substance to a minor. ;
9 (d) requirements Requirements
and standards for safe
10 cultivation, processing, and distribution of marihuana by marihuana
11 establishments, including health standards to ensure the safe
12 preparation of marihuana-infused products and prohibitions on
13 pesticides that are not safe for use on marihuana. ;
14 (e) testing, Testing,
packaging, and labeling standards,
15 procedures, and requirements for marihuana, including a all of the
16 following:
17 (i) A maximum tetrahydrocannabinol level for marihuana-infused
18 products. , a
19 (ii) A requirement that a representative sample of marihuana
20 be tested by a marihuana safety compliance facility. ,
and a
21 (iii) A requirement that the amount of marihuana or marihuana
22 concentrate contained within a marihuana-infused product be
23 specified on the product label.
;
24 (iv) A requirement that all marihuana sold through marihuana
25 retailers and marihuana microbusinesses include on the exterior of
26 the marihuana packaging the following warning printed in clearly
27 legible type and surrounded by a continuous heavy line:
|
1 |
WARNING: USE BY PREGNANT OR BREASTFEEDING |
|
2 |
WOMEN, OR BY WOMEN PLANNING TO BECOME |
|
3 |
PREGNANT, MAY RESULT IN FETAL INJURY, |
|
4 |
PRETERM BIRTH, LOW BIRTH WEIGHT, OR |
|
5 |
DEVELOPMENTAL PROBLEMS FOR THE CHILD. |
6 (f) security Security
requirements, including lighting,
7 physical security, and alarm requirements, and requirements for
8 securely transporting marihuana between marihuana establishments. ,
9 provided that such The
requirements do described in this
10 subdivision must not prohibit cultivation of marihuana outdoors or
11 in greenhouses. ;
12 (g) record Record
keeping requirements for marihuana
13 establishments and monitoring requirements to track the transfer of
14 marihuana by licensees. ;
15 (h) requirements Requirements
for the operation of marihuana
16 secure transporters to ensure that all marihuana establishments are
17 properly serviced. ;
18 (i) reasonable Reasonable
restrictions on advertising,
19 marketing, and display of marihuana and marihuana establishments. ;
20 (j) a A plan to promote and encourage participation in the
21 marihuana industry by people from communities that have been
22 disproportionately impacted by marihuana prohibition and
23 enforcement and to positively impact those communities. ;
and
24 (k) penalties Penalties
for failure to comply with any rule
25 promulgated pursuant to this section or for any violation of this
26 act by a licensee, including civil fines and suspension,
27 revocation, or restriction of a state license.
1 (l) Informational pamphlet standards for marihuana retailers
2 and marihuana microbusinesses, including, but not limited to, a
3 requirement to provide to every customer at the time of sale a
4 pamphlet measuring 3.5 inches by 5 inches that includes safety
5 information related to marihuana use by minors and the poison
6 control hotline number, 1-800-222-1222.
7 (2) 2. In furtherance of the intent of this act, the The
8 department may promulgate rules to do any of the following:
9 (a) provide Provide
for the issuance of additional types or
10 classes of state licenses to operate marihuana-related businesses,
11 including licenses that authorize only limited any of the
12 following:
13 (i) Limited cultivation, processing, transportation, delivery,
14 storage, sale, or purchase of marihuana. , licenses that
authorize
15 the consumption
16 (ii) Consumption of marihuana within designated areas. ,
17 licenses that authorize the consumption
18 (iii) Consumption of marihuana at special events in limited
19 areas and for a limited time.
, licenses that authorize
cultivation
20 (iv) Cultivation for purposes of propagation.
, and licenses
21 intended to facilitate
22 (v) Facilitation of scientific research or education. ;
or
23 (b) regulate Regulate
the cultivation, processing,
24 distribution, and sale of industrial hemp.
25 (3) 3. The
department may shall not promulgate a rule that
26 does any of the following:
1 (a) establishes Establishes
a limit on the number of any type
2 of state licenses that may be granted. ;
3 (b) requires Requires
a customer to provide a marihuana
4 retailer with identifying information other than identification to
5 determine the customer's age or requires the marihuana retailer to
6 acquire or record personal information about customers other than
7 information typically required in a retail transaction. ;
8 (c) prohibits Prohibits
a marihuana establishment from
9 operating at a shared location of a marihuana facility operating
10 pursuant to the medical marihuana facilities licensing act, 2016 PA
11 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower,
12 marihuana processor, or marihuana retailer from operating within a
13 single facility. ; or
14 (d) is Is unreasonably impracticable.
15 (4) A rule promulgated under this act must be promulgated
16 pursuant to the administrative procedures act of 1969, 1969 PA 306,
17 MCL 24.201 to 24.328.
