reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-2-APPLICATION-OF-OTHER-LAWS - Part 2. Application of Other Laws (333.27201...333.27208) › Section 333.27204 - Medical Purpose Defense.

333.27204 Medical purpose defense.
Sec. 204.
This act does not limit the medical purpose defense provided in section 8 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26428, to any prosecution involving marihuana.
History:
2016, Act 281, Eff. Dec. 20, 2016
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-2-APPLICATION-OF-OTHER-LAWS - Part 2. Application of Other Laws (333.27201...333.27208) › Section 333.27206a - Operation of a Marihuana Facility; Appointment and Approval; Notice of Violation.

333.27206a Operation of a marihuana facility; appointment and approval; notice of violation.
Sec. 206a.
(1) The marijuana regulatory agency may approve the operation of a marihuana facility by any of the following:
(a) A court-appointed personal representative, guardian, or conservator of an individual who holds a state license or has an interest in a person that holds a state license.
(b) A court-appointed receiver or trustee.
(2) If an individual approved to operate a marihuana facility under subsection (1) receives notice from the marijuana regulatory agency that the marihuana facility the individual is operating is in violation of this act or rules, the individual shall notify the court that appointed the individual of the notice of violation within 2 days after receiving the notice of violation.
History:
Add. 2020, Act 207, Imd. Eff. Oct. 15, 2020
Compiler's Notes:
For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-2-APPLICATION-OF-OTHER-LAWS - Part 2. Application of Other Laws (333.27201...333.27208) › Section 333.27208 - Marihuana Facility and Property; Examination by Local and State Police.

333.27208 Marihuana facility and property; examination by local and state police.
Sec. 208.
A marihuana facility and all articles of property in that facility are subject to examination at any time by a local police agency or the department of state police.
History:
2016, Act 281, Eff. Dec. 20, 2016
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-4-LICENSING - Part 4. Licensing (333.27401...333.27409) › Section 333.27403 - Application Deficiency; Correction.

333.27403 Application deficiency; correction.
Sec. 403.
If the board identifies a deficiency in an application, the board shall provide the applicant with a reasonable period of time to correct the deficiency.
History:
2016, Act 281, Eff. Dec. 20, 2016
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-4-LICENSING - Part 4. Licensing (333.27401...333.27409) › Section 333.27404 - Repealed. 2018, Act 582, Eff. Jan. 1, 2019.

333.27404 Repealed. 2018, Act 582, Eff. Jan. 1, 2019.
Compiler's Notes:
The repealed section pertained to a true party of interest.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-4-LICENSING - Part 4. Licensing (333.27401...333.27409) › Section 333.27405 - Background Check.

333.27405 Background check.
Sec. 405.
Subject to the laws of this state, before hiring a prospective employee, the holder of a license shall conduct a background check of the prospective employee. If the background check indicates a pending charge or conviction within the past 10 years for a controlled substance-related felony, a licensee shall not hire the prospective employee without written permission of the board.
History:
2016, Act 281, Eff. Dec. 20, 2016
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-4-LICENSING - Part 4. Licensing (333.27401...333.27409) › Section 333.27406 - Transfer, Sale, or Purchase of License.

333.27406 Transfer, sale, or purchase of license.
Sec. 406.
Each license is exclusive to the licensee, and a licensee or any other person must apply for and receive the board's approval before a license is transferred, sold, or purchased. The attempted transfer, sale, or other conveyance of an interest in a license without prior board approval is grounds for suspension or revocation of the license or for other sanction considered appropriate by the board, but only if the transfer, sale, or other conveyance would result in the transferee meeting the definition of applicant.
History:
2016, Act 281, Eff. Dec. 20, 2016 ;-- Am. 2018, Act 582, Eff. Jan. 1, 2019
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-4-LICENSING - Part 4. Licensing (333.27401...333.27409) › Section 333.27407a - Operation of Marihuana Facility; License Required; Violation; Penalties.

333.27407a Operation of marihuana facility; license required; violation; penalties.
Sec. 407a.
Beginning June 1, 2019, a person shall not hold itself out as operating a marihuana facility if the person does not hold a license to operate that marihuana facility or if the person's license to operate that marihuana facility is suspended, revoked, lapsed, or void, or was fraudulently obtained or transferred to the person other than pursuant to section 406. A person that violates this section is guilty as follows:
(a) In the case of a first violation, a misdemeanor punishable by a fine of not less than $10,000.00 or more than $25,000.00 or imprisonment of not more than 93 days, or both.
(b) In the case of a second or subsequent violation, a misdemeanor punishable by a fine of not less than $10,000.00 or more than $25,000.00 or imprisonment of not more than 1 year, or both.
(c) If the violation causes death or serious injury, a felony punishable by a fine of not less than $10,000.00 or more than $25,000.00 or imprisonment for not more than 4 years, or both.
History:
Add. 2018, Act 582, Eff. Jan. 1, 2019
Compiler's Notes:
For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-4-LICENSING - Part 4. Licensing (333.27401...333.27409) › Section 333.27409 - State Operating License as Revocable Privilege.

333.27409 State operating license as revocable privilege.
Sec. 409.
A state operating license is a revocable privilege granted by this state and is not a property right. Granting a license does not create or vest any right, title, franchise, or other property interest. A licensee or any other person shall not lease, pledge, or borrow or loan money against a license.
History:
2016, Act 281, Eff. Dec. 20, 2016 ;-- Am. 2018, Act 582, Eff. Jan. 1, 2019
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-6-TAXES-AND-FEES - Part 6. Taxes and Fees (333.27601...333.27605) › Section 333.27601 - Provisioning Center; Imposition of Tax; Rate; Administration.

333.27601 Provisioning center; imposition of tax; rate; administration.
Sec. 601.
(1) A tax is imposed on each provisioning center at the rate of 3% of the provisioning center's gross retail receipts. By 30 days after the end of the calendar quarter, a provisioning center shall remit the tax for the preceding calendar quarter to the department of treasury accompanied by a form prescribed by the department of treasury that shows the gross quarterly retail income of the provisioning center and the amount of tax due, and shall submit a copy of the form to the department. If a law authorizing the recreational or nonmedical use of marihuana in this state is enacted, this section does not apply beginning 90 days after the effective date of that law.
(2) The taxes imposed under this section shall be administered by the department of treasury in accordance with 1941 PA 122, MCL 205.1 to 205.31, and this act. In case of conflict between the provisions of 1941 PA 122, MCL 205.1 to 205.31, and this act, the provisions of this act prevail.
History:
2016, Act 281, Eff. Dec. 20, 2016
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-6-TAXES-AND-FEES - Part 6. Taxes and Fees (333.27601...333.27605) › Section 333.27604 - Marihuana Regulatory Fund.

333.27604 Marihuana regulatory fund.
Sec. 604.
(1) The marihuana regulatory fund is created within the state treasury.
(2) The application fee collected under section 401 and the regulatory assessment collected under section 603 must be deposited into the marihuana regulatory fund. 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) Except as otherwise provided in this section, money in the marihuana regulatory fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.
(4) The marijuana regulatory agency is the administrator of the marihuana regulatory fund for auditing purposes.
(5) Except as provided in section 603(1)(d) and (e), the department shall expend money from the marihuana regulatory fund, upon appropriation, only for implementing, administering, and enforcing this act.
(6) For the fiscal year ending September 30, 2020 only, $17,000,000.00 of the money in the marihuana regulatory fund is transferred to and must be deposited into the general fund.
(7) As used in this section, "marijuana regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001.
History:
2016, Act 281, Eff. Dec. 20, 2016 ;-- Am. 2020, Act 170, Imd. Eff. Oct. 1, 2020
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-6-TAXES-AND-FEES - Part 6. Taxes and Fees (333.27601...333.27605) › Section 333.27605 - Use of Money From Michigan Marihuana Registry Fund.

333.27605 Use of money from Michigan marihuana registry fund.
Sec. 605.
The department may use any money appropriated to it from the marihuana registry fund created in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426, for the purpose of funding the operations of the department and the board in the initial implementation and subsequent administration and enforcement of this act.
History:
2016, Act 281, Eff. Dec. 20, 2016
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-7-REPORTS - Part 7. Reports (333.27701...333.27702) › Section 333.27701 - Financial Statements.

333.27701 Financial statements.
Sec. 701.
Every 3 years, or a shorter time period as determined by the marijuana regulatory agency, a licensee shall transmit to the marijuana regulatory agency and to the municipality financial statements of the licensee's total operations. The financial statements must be reviewed by a certified public accountant in a manner and form prescribed by the marijuana regulatory agency. The certified public accountant must be licensed in this state under article 7 of the occupational code, 1980 PA 299, MCL 339.720 to 339.736. The compensation for the certified public accountant must be paid directly by the licensee to the certified public accountant.
History:
2016, Act 281, Eff. Dec. 20, 2016 ;-- Am. 2021, Act 119, Imd. Eff. Dec. 7, 2021
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 281 of 2016 - Medical Marihuana Facilities Licensing Act (333.27101 - 333.27801) › 281-2016-PART-7-REPORTS - Part 7. Reports (333.27701...333.27702) › Section 333.27702 - Report.

333.27702 Report.
Sec. 702.
The board shall submit with the annual report to the governor under section 302(l) and to the chairs of the legislative committees that govern issues related to marihuana facilities a report covering the previous year. The report shall include an account of the board actions, its financial position, results of operation under this act, and any recommendations for legislation that the board considers advisable.
History:
2016, Act 281, Eff. Dec. 20, 2016 ;-- Am. 2018, Act 582, Eff. Jan. 1, 2019
Compiler's Notes:
Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 282 of 2016 - Marihuana Tracking Act (333.27901 - 333.27904) › Section 333.27901 - Short Title.

333.27901 Short title.
Sec. 1.
This act shall be known and may be cited as the "marihuana tracking act".
History:
2016, Act 282, Eff. Dec. 20, 2016
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 282 of 2016 - Marihuana Tracking Act (333.27901 - 333.27904) › Section 333.27902 - Definitions.

333.27902 Definitions.
Sec. 2.
As used in this act:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Financial institution" means that term as defined in section 201 of the medical marihuana facilities licensing act, MCL 333.27201.
(c) "Licensee" means that term as defined in section 102 of the medical marihuana facilities licensing act, MCL 333.27102.
(d) "Marihuana" means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
(e) "Medical marihuana facilities licensing act" means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
(f) "Registered primary caregiver" means that term as defined in section 102 of the medical marihuana facilities licensing act, MCL 333.27102.
(g) "Registered qualifying patient" means that term as defined in section 102 of the medical marihuana facilities licensing act, MCL 333.27102.
(h) "Registry identification card" means that term as defined in section 3 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26423.
(i) "Statewide monitoring system" or "system" means an internet-based, statewide database established, implemented, and maintained directly or indirectly by the department that is available to licensees, law enforcement agencies, and authorized state departments and agencies on a 24-hour basis for all of the following:
(i) Verifying registry identification cards.
(ii) Tracking marihuana transfer and transportation by licensees, including transferee, date, quantity, and price.
(iii) Verifying in a commercially reasonable time that a transfer will not exceed the limit that the registered qualifying patient or registered primary caregiver is authorized to receive under section 4 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26424.
History:
2016, Act 282, Eff. Dec. 20, 2016 ;-- Am. 2018, Act 439, Eff. Mar. 21, 2019 ;-- Am. 2021, Act 59, Eff. Oct. 11, 2021
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 282 of 2016 - Marihuana Tracking Act (333.27901 - 333.27904) › Section 333.27904 - Confidentiality; Exemption From Disclosure; Exceptions.

333.27904 Confidentiality; exemption from disclosure; exceptions.
Sec. 4.
(1) The information in the system is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. Information in the system may be disclosed pursuant to subsection (2) or for purposes of enforcing this act; the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430; and the medical marihuana facilities licensing act.
(2) A licensee may, in writing, authorize the department to disclose the licensee's information in the system described in section 3(2)(a) to (c) to a financial institution identified in the authorization. Upon receiving written authorization under this subsection, the department shall disclose the licensee's information described in section 3(2)(a) to (c) to a financial institution identified in the authorization.
History:
2016, Act 282, Eff. Dec. 20, 2016 ;-- Am. 2018, Act 439, Eff. Mar. 21, 2019
Compiler's Notes:
For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Initiated Law 1 of 2018 - Michigan Regulation and Taxation of Marihuana Act (333.27951 - 333.27967) › Section 333.27951 - Short Title.

333.27951 Short title.
Sec. 1.
This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.
History:
2018, Initiated Law 1, Eff. Dec. 6, 2018
Compiler's Notes:
This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Initiated Law 1 of 2018 - Michigan Regulation and Taxation of Marihuana Act (333.27951 - 333.27967) › Section 333.27952 - Purpose and Intent.

333.27952 Purpose and intent.
Sec. 2.
The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older, to make industrial hemp legal under state and local law, and to control the commercial production and distribution of marihuana under a system that licenses, regulates, and taxes the businesses involved. The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older; remove the commercial production and distribution of marihuana from the illicit market; prevent revenue generated from commerce in marihuana from going to criminal enterprises or gangs; prevent the distribution of marihuana to persons under 21 years of age; prevent the diversion of marihuana to illicit markets; ensure the safety of marihuana and marihuana-infused products; and ensure security of marihuana establishments. To the fullest extent possible, this act shall be interpreted in accordance with the purpose and intent set forth in this section.
History:
2018, Initiated Law 1, Eff. Dec. 6, 2018
Compiler's Notes:
This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Initiated Law 1 of 2018 - Michigan Regulation and Taxation of Marihuana Act (333.27951 - 333.27967) › Section 333.27959a - Operation of a Marihuana Establishment; Approval; Marijuana Regulatory Agency; Notice of Violation.

333.27959a Operation of a marihuana establishment; approval; marijuana regulatory agency; notice of violation.
Sec. 9a.
(1) The marijuana regulatory agency may approve the operation of a marihuana establishment by any of the following:
(a) A court-appointed personal representative, guardian, or conservator of an individual who holds a state license or has an interest in a person that holds a state license.
(b) A court-appointed receiver or trustee.
(2) If an individual approved to operate a marihuana establishment under subsection (1) receives notice from the marijuana regulatory agency that the marihuana establishment the individual is operating is in violation of this act or the rules promulgated under this act, the individual shall notify the court that appointed the individual of the notice of violation within 2 days after receiving the notice of violation.
History:
Add. 2020, Act 208, Imd. Eff. Oct. 15, 2020
Compiler's Notes:
For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Initiated Law 1 of 2018 - Michigan Regulation and Taxation of Marihuana Act (333.27951 - 333.27967) › Section 333.27962 - Deduction of Certain Expenses From Income.

333.27962 Deduction of certain expenses from income.
Sec. 12.
In computing net income for marihuana establishments, deductions from state taxes are allowed for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying out a trade or business.
History:
2018, Initiated Law 1, Eff. Dec. 6, 2018
Compiler's Notes:
This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Initiated Law 1 of 2018 - Michigan Regulation and Taxation of Marihuana Act (333.27951 - 333.27967) › Section 333.27963 - Imposition of Excise Tax; Administration by Department of Treasury; Exemptions.

333.27963 Imposition of excise tax; administration by department of treasury; exemptions.
Sec. 13.
(1) Except as otherwise provided in subsection (4), in addition to all other taxes, an excise tax is imposed on each marihuana establishment and on each person who sells marihuana at the rate of 10% of the sales price for marihuana sold or otherwise transferred to a person other than a marihuana establishment or tribal marihuana business.
(2) Except as otherwise provided by a rule promulgated by the department of treasury, a product subject to the tax imposed under this section may not be bundled in a single transaction with a product or service that is not subject to the tax imposed by this section.
(3) The department of treasury shall administer the taxes imposed under this act pursuant to 1941 PA 122, MCL 205.1 to 205.31. The department of treasury may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, that prescribe a method and manner for payment and collection of the taxes imposed under this act.
(4) The tax imposed under subsection (1) does not apply to any of the following:
(a) Marihuana sold or otherwise transferred from a tribal marihuana business.
(b) Marihuana sold or otherwise transferred under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.
(c) Marihuana sold or otherwise transferred under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
History:
2018, Initiated Law 1, Eff. Dec. 6, 2018 ;-- Am. 2023, Act 166, Imd. Eff. Oct. 19, 2023
Compiler's Notes:
This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Initiated Law 1 of 2018 - Michigan Regulation and Taxation of Marihuana Act (333.27951 - 333.27967) › Section 333.27966 - Failure to Act by Department; Application to Municipality.

333.27966 Failure to act by department; application to municipality.
Sec. 16.
1. If the department does not timely promulgate rules as required by section 8 of this act or accept or process applications in accordance with section 9 of this act, beginning one year after the effective date of this act, an applicant may submit an application for a marihuana establishment directly to the municipality where the marihuana establishment will be located.
2. If a marihuana establishment submits an application to a municipality under this section, the municipality shall issue a municipal license to the applicant within 90 days after receipt of the application unless the municipality finds and notifies the applicant that the applicant is not in compliance with an ordinance or rule adopted pursuant to this act.
3. If a municipality issues a municipal license pursuant to this section:
(a) the municipality shall notify the department that the municipal license has been issued;
(b) the municipal license has the same force and effect as a state license; and
(c) the holder of the municipal license is not subject to regulation or enforcement by the department during the municipal license term.
History:
2018, Initiated Law 1, Eff. Dec. 6, 2018
Compiler's Notes:
This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Initiated Law 1 of 2018 - Michigan Regulation and Taxation of Marihuana Act (333.27951 - 333.27967) › Section 333.27967 - Construction of Act; Effect of Federal Law; Severability.

333.27967 Construction of act; effect of federal law; severability.
Sec. 17.
This act shall be broadly construed to accomplish its intent as stated in section 2 of this act. Nothing in this act purports to supersede any applicable federal law, except where allowed by federal law. All provisions of this act are self-executing. Any section of this act that is found invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.
History:
2018, Initiated Law 1, Eff. Dec. 6, 2018
Compiler's Notes:
This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 333 - Health › Repealed - Act 137 of 2020 - Industrial Hemp Growers Act (333.28101 - 333.28101)

INDUSTRIAL HEMP GROWERS ACT
Act 137 of 2020
333.28101 – 333.28701 Repealed. 2020, Act 220, Imd. Eff. Oct. 16, 2020.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 220 of 2020 - Industrial Hemp Growers Act (333.29101 - 333.29801.added) › 220-2020-I - Chapter I General Provisions (333.29101...333.29107) › Section 333.29101 - Short Title.

333.29101 Short title.
Sec. 101.
This act shall be known and may be cited as the "industrial hemp growers act".
History:
2020, Act 220, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 220 of 2020 - Industrial Hemp Growers Act (333.29101 - 333.29801.added) › 220-2020-I - Chapter I General Provisions (333.29101...333.29107) › Section 333.29105 - Industrial Hemp Program; Usda Approval.

333.29105 Industrial hemp program; USDA approval.
Sec. 105.
(1) The department shall establish, operate, and administer an industrial hemp program.
(2) The department shall develop and submit to the USDA for approval an industrial hemp plan for this state that complies with 7 USC 1639o to 1639s. Upon approval, the department shall use the industrial hemp plan to implement the program.
History:
2020, Act 220, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 220 of 2020 - Industrial Hemp Growers Act (333.29101 - 333.29801.added) › 220-2020-I - Chapter I General Provisions (333.29101...333.29107) › Section 333.29107 - Industrial Hemp Fund.

333.29107 Industrial hemp fund.
Sec. 107.
(1) The industrial hemp fund is created within the state treasury.
(2) The state treasurer may receive the fees collected under section 511 for deposit into the fund. The state treasurer may also receive money or other assets from any other source for deposit into 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 remains in the fund and does not lapse to the general fund.
(4) The department is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund to establish, operate, and enforce the program.
History:
2020, Act 220, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 220 of 2020 - Industrial Hemp Growers Act (333.29101 - 333.29801.added) › 220-2020-II - Chapter II Application and Registration (333.29201...333.29217) › Section 333.29201 - Grower Registration; Application; Requirements.

333.29201 Grower registration; application; requirements.
Sec. 201.
(1) A person shall not grow industrial hemp in this state unless the person is a grower.
(2) A person applying for a registration under this section shall do so on an application and in a manner provided by the department. The applicant shall include with the application all of the following information:
(a) The applicant's full name, date of birth, mailing address, telephone number, and electronic mail address. If the applicant is not an individual, the application must include the EIN number of the applicant and for each key participant, his or her full name, date of birth, title, and electronic mail address.
(b) The total acreage and greenhouse or other indoor square footage where industrial hemp will be grown.
(c) The address and legal description of and GPS coordinates for each field, greenhouse, building, or other location where industrial hemp will be grown.
(d) Maps depicting each field, greenhouse, building, or other location where industrial hemp will be grown that indicate entrances, field boundaries, and specific locations corresponding to the GPS coordinates provided under subdivision (c).
(e) A criminal history report for the applicant, or, if the applicant is not an individual, a criminal history report for each key participant.
(3) The department shall grant an applicant described in this section a registration to grow industrial hemp if the applicant does all of the following:
(a) Submits a completed application under subsection (2).
(b) Pays the applicable fees under section 511.
(c) Meets the qualifications for registration.
History:
2020, Act 220, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 220 of 2020 - Industrial Hemp Growers Act (333.29101 - 333.29801.added) › 220-2020-II - Chapter II Application and Registration (333.29201...333.29217) › Section 333.29211 - Initial Registration; Expiration; Renewal; Nontransferability.

333.29211 Initial registration; expiration; renewal; nontransferability.
Sec. 211.
(1) An initial registration granted by the department under this act expires at midnight on January 31 immediately following the date on which the registration is granted.
(2) Other than a registration granted under subsection (1), a registration is valid for 1 year beginning on February 1 and expiring at midnight on the following January 31.
(3) To renew a registration, an applicant must do all of the following:
(a) Submit an application on a form and in a manner provided by the department.
(b) If the application is submitted on or before January 31, pay the registration fee under section 511.
(c) If an application is submitted after January 31, pay the registration fee under section 511 and a late fee of $250.00.
(4) If an applicant provides express written consent to disclose personal information on an application, the applicant's name, email address, and telephone number may be disclosed to a grower, a processor-handler licensed under the industrial hemp research and development act, 2014 PA 547, MCL 286.841 to 286.859, or a processor licensed under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801. If the applicant does not provide express written consent to disclose personal information on the application, any information submitted by the applicant to the department on the application is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. This subsection does not apply to the disclosure of personal information to a law enforcement agency.
(5) A registration is nontransferable.
History:
2020, Act 220, Imd. Eff. Oct. 16, 2020 ;-- Am. 2021, Act 4, Imd. Eff. Mar. 24, 2021