Bill Text: MI HB4126 | 2019-2020 | 100th Legislature | Engrossed
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-Engrossed.html
SENATE Substitute For
HOUSE BILL NO. 4126
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:
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Sec. 8. (1) 1. The department The marijuana regulatory agency shall promulgate rules to implement and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, including:that include all of the following:
(a) procedures Procedures for issuing a state license pursuant to section 9 of this act and for renewing, suspending, and revoking a state license. ;
(b) a A schedule of fees in amounts not more than necessary to
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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 Qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment. , provided that 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 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, Testing, packaging, and labeling standards, procedures, and requirements for marihuana, including, a but not limited to, all of the following:
(i) A maximum tetrahydrocannabinol level for marihuana-infused products. , a
(ii) A requirement that a representative sample of marihuana be tested by a marihuana safety compliance facility. , and a
(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:
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WARNING: USE BY PREGNANT OR BREASTFEEDING |
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WOMEN, OR BY WOMEN PLANNING TO BECOME |
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PREGNANT, MAY RESULT IN FETAL INJURY, |
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PRETERM BIRTH, LOW BIRTH WEIGHT, OR |
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DEVELOPMENTAL PROBLEMS FOR THE CHILD. |
(f) security Security requirements, including lighting, physical security, and alarm requirements, and requirements for securely transporting marihuana between marihuana establishments. , provided that such The requirements do described in this subdivision must not prohibit cultivation of marihuana outdoors or in greenhouses. ;
(g) record Record keeping requirements for marihuana establishments and monitoring requirements to track the transfer of marihuana by licensees. ;
(h) requirements Requirements for the operation of marihuana secure transporters to ensure that all marihuana establishments are properly serviced. ;
(i) reasonable Reasonable restrictions on advertising, marketing, and display of marihuana and marihuana establishments. ;
(j) a 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. ; and
(k) penalties 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
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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.
(2) 2. In furtherance of the intent of this act, the department The marijuana regulatory agency may promulgate rules to do any of the following:
(a) provide Provide for the issuance of additional types or classes of state licenses to operate marihuana-related businesses, including licenses that authorize only limited any of the following:
(i) Limited cultivation, processing, transportation, delivery, storage, sale, or purchase of marihuana. , licenses that authorize the consumption
(ii) Consumption of marihuana within designated areas. , licenses that authorize the consumption
(iii) Consumption of marihuana at special events in limited areas and for a limited time. , licenses that authorize cultivation
(iv) Cultivation for purposes of propagation. , and licenses intended to facilitate
(v) Facilitation of scientific research or education. ; or
(b) regulate Regulate the cultivation, processing, distribution, and sale of industrial hemp.
(3) 3. The department may The marijuana regulatory agency shall not promulgate a rule that does any of the following:
(a) establishes Establishes a limit on the number of any type of state licenses that may be granted. ;
(b) requires Requires a customer to provide a marihuana retailer with identifying information other than identification to
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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 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. ; or
(d) is Is unreasonably impracticable.
(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.
(5) As used in this section, "marijuana regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001.
