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Proposed Amendments to Michigan’s Medical Marijuana Act Add New Definitions

Oct 30th, 2017 Marijuana Laws Proposed Amendments to Michigan’s Medical Marijuana Act Add New Definitions

Recently, several House Bills have been passed in order to regulate medical marijuana in the state of Michigan. However, these bills are not absolute. Instead, they are subject to change as the state determines more effective ways to govern medical marijuana businesses and seeks to fill gaps that the original bills left out.

On October 19th, 2017, a bill (House Bill Number 5144) was proposed to provide such amendments. The new bill amends 2016 PA 281, also known as the Medical Marihuana Facilities Licensing Act. What follows is a review of the major changes implemented along with House Bill No. 5144.

The Medical Marihuana Facilities Licensing Act licenses and regulates those involved in the commercial aspects of a medical marijuana business in Michigan. It also outlines the duties of local and state government officials when regulating such marijuana-related businesses. In addition, the act establishes the medical marijuana licensing board and the advisory panel. It provides guidelines for interacting with the statewide monitoring system when it comes to marijuana transactions, outlines penalties, taxes, and other fees related to having a medical marijuana business, and establishes that those with such a business are protected from prosecution.

The amended bill upholds many of the original provisions in the Medical Marihuana Licensing Act. However, it does change the Act and adds some definitions. If you look at the amended act, some definitions are crossed out or added onto. The following definitions are added or changed in the new bill:

  • Cutting
  • Grower
  • Marijuana facility
  • Marihuana tracking act
  • Processor
  • Safety compliance facility
  • Seed
  • Seedling
  • Tissue culture
  • Financial institution
  • Financial service
  • Municipality

In addition to changes in legal definitions, the amended bill alters other language within the act. It changes or adds information regarding the following subjects. The first is what sanctions public accountants licensed under Article 7 of the Occupational Code are not subject to for reviewing financial statements. This includes prosecution of marijuana-related offenses, among other things. Another change regards what a marijuana facility is allowed and is not allowed to do in the state of Michigan. Also, there are changes to what is asked of a municipality when dealing with marijuana businesses. Then, there are changes to how a marijuana grower can authorize the sale and how a marijuana processor can authorize the sale.

Also consider changes to the transfer of marijuana from a marijuana facility to a provisioning center, safety compliance facility regulations, and rules regarding transfer of marijuana. In addition, there are changes to what a secure transporter can and cannot do, how money in the medical marijuana excise fund is or is not to be used, and the medical marijuana advisory panel members and their responsibilities.

These are the major changes outlined in House Bill Number 5144. If you would like to learn more about the amendments, you can view the House bill here. If you have additional questions, you can purchase our book and/or contact my office. I am happy to go over the new house bill with you and answer any questions that you may have. Also, check back to this blog regularly as the laws in Michigan are rapidly changing.