Act No. 547

Public Acts of 2014

Approved by the Governor

January 10, 2015

Filed with the Secretary of State

January 15, 2015

EFFECTIVE DATE: January 15, 2015

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Daley, Lauwers, Pettalia, Foster, Brown, Kelly, Pscholka, Kowall, Lori, Rendon, LaFontaine, Denby, Lyons, Pagel, Jacobsen, Barnett, Geiss, Yanez, Victory, Johnson, Callton and McMillin

ENROLLED HOUSE BILL No. 5439

AN ACT to authorize the growing and cultivating of industrial hemp for research purposes; to authorize the receipt and expenditure of funding for research related to industrial hemp; and to prescribe the powers and duties of certain state agencies and officials and colleges and universities in this state.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the “industrial hemp research act”.

Sec. 2. As used in this act:

(a) “Department” means the department of agriculture and rural development.

(b) “Fund” means the industrial hemp research fund created in section 4.

(c) “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

Sec. 3. (1) The department or a college or university in this state may grow or cultivate, or both, industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research project.

(2) The department or a college or university that transports industrial hemp as part of a research project authorized under this act shall include along with a shipment of industrial hemp a letter on the department’s or the college’s or university’s letterhead that provides notice that the shipment includes industrial hemp authorized under the industrial hemp research act.

(3) A college or university in this state may receive direct grants from the federal government or any other source for the purpose of conducting research authorized under this act.

Sec. 4. (1) The industrial hemp research fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the fund, including federal research grants. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the fund for auditing purposes.

(5) The department shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:

(a) Research into growing or cultivating, or both, industrial hemp.

(b) Providing grants to colleges or universities in this state to conduct research into growing or cultivating, or both, industrial hemp.

Enacting section 1. This act does not take effect unless House Bill No. 5440 of the 97th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor