SENATE BILL NO. 1095

September 10, 2020, Introduced by Senator BUMSTEAD and referred to the Committee on Regulatory Reform.

"Michigan Regulation and Taxation of Marihuana Act,"

by amending section 3 (MCL 333.27953).

the people of the state of michigan enact:

Sec. 3. As used in this act:

(a) "Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.

(b) "Department" means the department of licensing and regulatory affairs.

(c) "Flowering marihuana plant" means a male or female marihuana plant that has visible calices, stigma, or pre-flowers located at the node of a stem or branch.

(d) (c) "Industrial hemp" means a plant of the genus cannabis Cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed of 0.3% or less on a dry-weight basis , or per volume or weight of marihuana-infused product, or for which the combined percent percentage of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant, of the genus cannabis regardless of moisture content, is 0.3% or less.

(e) (d) "Licensee" means a person holding a state license.

(f) (e) "Marihuana" means all parts of the marihuana plant, of the genus cannabis, growing or not; the seeds of the 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, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana Marihuana does not include any of the following:

(i) (1) the The mature stalks of the plant, fiber produced from the mature stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks. , except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;

(ii) (2) industrial Industrial hemp. ; or

(iii) (3) any Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.

(g) (f) "Marihuana accessories" means any equipment, product, material, or combination of equipment, products, or materials , which that is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.

(h) (g) "Marihuana concentrate" means the resin extracted from any part of the plant of the genus cannabis.Cannabis.

(i) (h) "Marihuana establishment" means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department.marijuana regulatory agency.

(j) (i) "Marihuana grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.

(k) (j) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

(l) (k) "Marihuana microbusiness" means a person licensed to cultivate not more than 150 flowering marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.

(m) (l) "Marihuana processor" means a person licensed to obtain marihuana from marihuana establishments, ; process and package marihuana, ; and sell or otherwise transfer marihuana to marihuana establishments.

(n) (m) "Marihuana retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to or individuals who are 21 years of age or older.

(o) (n) "Marihuana secure transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

(p) (o) "Marihuana safety compliance facility" means a person licensed to test marihuana, including certification for potency and the presence of contaminants.

(q) "Marijuana regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001.

(r) (p) "Municipal license" means a license issued by a municipality pursuant to under section 16 of this act that allows a person to operate a marihuana establishment in that municipality.

(s) (q) "Municipality" means a city, village, or township.

(t) (r) "Person" means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.

(u) (s) "Process" or "Processing" means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.

(v) (t) "State license" means a license issued by the department marijuana regulatory agency that allows a person to operate a marihuana establishment.

(w) (u) "Unreasonably impracticable" means that the measures necessary to comply with the rules or ordinances adopted pursuant to under this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment.