HOUSE BILL NO. 5700
March 17, 2020, Introduced by Rep. Alexander
and referred to the Committee on Judiciary.
March 17, 2020, Introduced by Rep. Alexander and referred to the Committee on Judiciary.
"Medical marihuana facilities licensing act,"
by amending sections 102 and 402 (MCL 333.27102 and 333.27402), section 102 as amended by 2019 PA 3 and section 402 as amended by 2018 PA 582.
the people of the state of michigan enact:
(a) "Advisory panel" or "panel" means the marihuana advisory panel created in section 801.marijuana regulatory agency.
(b) "Affiliate" means any person that controls, is controlled by, or is under common control with; is in a partnership or joint venture relationship with; or is a co-shareholder of a corporation, a co-member of a limited liability company, or a co-partner in a limited liability partnership with a licensee or applicant.
(c) "Applicant" means a person who applies for a state operating license. Applicant includes, with respect to disclosures in an application, for purposes of ineligibility for a license under section 402, or for purposes of prior board marijuana regulatory agency approval of a transfer of interest under section 406, and only for applications submitted on or after January 1, 2019, a managerial employee of the applicant, a person holding a direct or indirect ownership interest of more than 10% in the applicant, and the following for each type of applicant:
(i) For an individual or sole proprietorship: the proprietor and spouse.
(ii) For a partnership and limited liability partnership: all partners and their spouses. For a limited partnership and limited liability limited partnership: all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the partnership, and their spouses. For a limited liability company: all members and managers, not including a member holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the company, and their spouses.
(iii) For a privately held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.
(iv) For a publicly held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.
(v) For a multilevel ownership enterprise: any entity or person that receives or has the right to receive more than 10% of the gross or net profit from the enterprise during any full or partial calendar or fiscal year.
(vi) For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses.
(d) "Board" means the medical marihuana licensing board created in section 301.marijuana regulatory agency.
(e) "Cutting" means a section of a lead stem or root stock that is used for vegetative asexual propagation.
(f) "Department" means the department of licensing and regulatory affairs.
(g) "Grower" means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor, provisioning center, or another grower.
(h) "Industrial hemp" means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.
(i) "Industrial hemp research and development act" means the industrial hemp research and development act, 2014 PA 547, MCL 286.841 to 286.859.
(j) "Licensee" means a person holding a state operating license.
(k) "Marihuana" means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.
(l) "Marihuana facility" means a location at which a licensee is licensed to operate under this act.
(m) "Marihuana plant" means any plant of the species Cannabis sativa L. Marihuana plant does not include industrial hemp.
(n) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product is not considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to 289.8111.
(o) "Marihuana tracking act" means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(p) "Marijuana regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001.
(q) (p) "Michigan medical marihuana act" Medical Marihuana Act" means the Michigan medical marihuana act, Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.
(r) (q) "Municipality" means a city, township, or village.
(s) (r) "Paraphernalia" means any equipment, product, or material of any kind that is designed for or used in growing, cultivating, producing, manufacturing, compounding, converting, storing, processing, preparing, transporting, injecting, smoking, ingesting, inhaling, or otherwise introducing into the human body, marihuana.
(t) (s) "Person" means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.
(u) (t) "Plant" means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
(v) (u) "Processor" means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center or another processor.
(w) (v) "Provisioning center" means a licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a registered primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan medical marihuana act Medical Marihuana Act is not a provisioning center for purposes of this act.
(x) (w) "Registered primary caregiver" means a primary caregiver who has been issued a current registry identification card under the Michigan medical marihuana act.Medical Marihuana Act.
(y) (x) "Registered qualifying patient" means a qualifying patient who has been issued a current registry identification card under the Michigan medical marihuana act Medical Marihuana Act or a visiting qualifying patient as that term is defined in section 3 of the Michigan medical marihuana act, Medical Marihuana Act, MCL 333.26423.
(z) (y) "Registry identification card" means that term as defined in section 3 of the Michigan medical marihuana act, Medical Marihuana Act, MCL 333.26423.
(aa) (z) "Rules" means rules promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, by the department in consultation with the board marijuana regulatory agency to implement this act.
(bb) (aa) "Safety compliance facility" means a licensee that is a commercial entity that takes marihuana from a marihuana facility or receives marihuana from a registered primary caregiver, tests the marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.
(cc) (bb) "Secure transporter" means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.
(dd) (cc) "Seed" means the fertilized, ungerminated, matured ovule, containing an embryo or rudimentary plant, of a marihuana plant that is flowering.
(ee) (dd) "Seedling" means a marihuana plant that has germinated and has not flowered and is not harvestable.
(ff) (ee) "State operating license" or, unless the context requires a different meaning, "license" means a license that is issued under this act that allows the licensee to operate as 1 of the following, specified in the license:
(i) A grower.
(ii) A processor.
(iii) A secure transporter.
(iv) A provisioning center.
(v) A safety compliance facility.
(gg) (ff) "Statewide monitoring system" or, unless the context requires a different meaning, "system" means an internet-based, statewide database established, implemented, and maintained by the department under the marihuana tracking act, 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 commercially reasonable time that a transfer will not exceed the limit that the patient or caregiver is authorized to receive under section 4 of the Michigan medical marihuana act, Medical Marihuana Act, MCL 333.26424.
(hh) (gg) "Tissue culture" means a marihuana plant cell, cutting, tissue, or organ, that is kept under a sterile condition on a nutrient culture medium of known composition and that does not have visible root formation. A tissue culture is not a marihuana plant for purposes of a grower.
(ii) (hh) "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.
(a) The applicant submits a complete application. and
(b) The applicant pays both the nonrefundable application fee required under section 401(5) and the regulatory assessment established by the board marijuana regulatory agency for the first year of operation. , if the board
(c) The marijuana regulatory agency determines that the applicant is qualified to receive a license under this act.
(2) An applicant is ineligible to receive a license if any of the following circumstances exist:
(a) The applicant has been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past 10 years or has been convicted of a controlled substance-related felony within the past 10 years.
(b) Within the past 5 years the applicant has been convicted of a misdemeanor involving a controlled substance, theft, dishonesty, or fraud in any state or been found responsible for violating a local ordinance in any state involving a controlled substance, dishonesty, theft, or fraud that substantially corresponds to a misdemeanor in that state.
(c) The applicant has knowingly submitted an application for a license under this act that contains false information.
(d) The applicant is a member an employee of the board.marijuana regulatory agency.
(e) The applicant fails to demonstrate the applicant's ability to maintain adequate premises liability and casualty insurance for its proposed marihuana facility.
(f) The applicant holds an elective office of a governmental unit of this state, another state, or the federal government; is a member of or employed by a regulatory body of a governmental unit in this state, another state, or the federal government; or is employed by a governmental unit of this state. This subdivision does not apply to an any of the following:
(i) An elected officer of or employee of a federally recognized Indian tribe or to an elected precinct delegate.
(ii) The spouse of a person who applies for a state operating license unless the spouse's position is within the marijuana regulatory agency or would otherwise create a conflict of interest.
(g) The board marijuana regulatory agency determines that the applicant is not in compliance with section 205(1).
(h) The applicant fails to meet other criteria established by rule.
(3) In determining whether to grant a license to an applicant, the board marijuana regulatory agency may also consider all of the following:
(a) The integrity, moral character, and reputation; personal and business probity; financial ability and experience; and responsibility or means to operate or maintain a marihuana facility of the applicant and of any other person that meets either of the following:
(i) Controls, directly or indirectly, the applicant.
(ii) Is controlled, directly or indirectly, by the applicant or by a person who controls, directly or indirectly, the applicant.
(b) The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.
(c) The sources and total amount of the applicant's capitalization to operate and maintain the proposed marihuana facility.
(d) Whether the applicant has been indicted for, charged with, arrested for, or convicted of, pled guilty or nolo contendere to, forfeited bail concerning, or had expunged any relevant criminal offense under the laws of any jurisdiction, either felony or misdemeanor, not including traffic violations, regardless of whether the offense has been expunged, pardoned, or reversed on appeal or otherwise.
(e) Whether the applicant has filed, or had filed against it, a proceeding for bankruptcy within the past 7 years.
(f) Whether the applicant has been served with a complaint or other notice filed with any public body regarding payment of any tax required under federal, state, or local law that has been delinquent for 1 or more years.
(g) Whether the applicant has a history of noncompliance with any regulatory requirements in this state or any other jurisdiction.
(h) Whether at the time of application the applicant is a defendant in litigation involving its business practices.
(i) Whether the applicant meets other standards in rules applicable to the license category.
(4) Each applicant shall ensure that 1 set of fingerprints is submitted to the department of state police. The applicant shall submit with its application the applicant's written consent to the criminal history check described in this section and the submission of the applicant's fingerprints to, and the inclusion of the applicant's fingerprints in, the state and federal database systems described in subsection (7).
(5) The fingerprints required under subsection (4) may be taken by a law enforcement agency or any other person determined by the department of state police to be qualified to take fingerprints. The applicant shall submit a fingerprint processing fee to the department in an amount required under section 3 of 1935 PA 120, MCL 28.273, and any costs imposed by the Federal Bureau of Investigation.
(6) The department of state police shall do all of the following:
(a) Conduct a criminal history check on each applicant and request the Federal Bureau of Investigation to make a determination of the existence of any national criminal history pertaining to each applicant.
(b) Provide the board marijuana regulatory agency with a written report containing the criminal history record information of each applicant.
(7) All of the following apply concerning fingerprints submitted to the department of state police under this section:
(a) The department of state police shall store and retain all fingerprints submitted under this section in an automated fingerprint identification system database that searches against latent fingerprints, and provides for an automatic notification if and when a subsequent fingerprint is submitted into the system that matches a set of fingerprints fingerprint previously submitted under this section or if and when the criminal history of an individual whose fingerprints are retained in the system is updated. Upon receiving a notification, the department of state police shall immediately notify the board. marijuana regulatory agency. Information in the database maintained under this subsection is confidential, is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any person except for purposes of this act or for law enforcement purposes.
(b) The department of state police shall forward all fingerprints submitted to it under this section to the Federal Bureau of Investigation for submission of those fingerprints into the FBI automatic notification system. This subdivision does not apply until the department of state police is a participant in the FBI automatic notification system. As used in this subdivision:
(i) "Automatic notification system" means a system that stores and retains fingerprints, and that provides for an automatic notification to a participant if and when a fingerprint is submitted into the system that matches an individual whose fingerprints are retained in the system or if and when the criminal history of an individual whose fingerprints are retained in the system is updated.
(ii) "FBI automatic notification system" means the automatic notification system that is maintained by the Federal Bureau of Investigation.
(8) The board marijuana regulatory agency shall review all applications for licenses and shall inform each applicant of the board's marijuana regulatory agency's decision.
(9) A license shall be issued for a 1-year period and is renewable annually. Except as otherwise provided in this act, the board marijuana regulatory agency shall renew a license if all of the following requirements are met:
(a) The licensee applies to the board marijuana regulatory agency on a renewal form provided by the board marijuana regulatory agency that requires information prescribed in rules.
(b) The application is received by the board marijuana regulatory agency on or before the expiration date of the current license.
(c) The licensee pays the regulatory assessment under section 603.
(d) The licensee meets the requirements of this act and any other renewal requirements set forth in rules.
(10) The department shall notify the licensee by mail or electronic mail at the last known address on file with the board marijuana regulatory agency advising of the time , and procedure , for paying and the amount of the regulatory assessment under section 603. The failure of the licensee to receive notice under this subsection does not relieve the licensee of the responsibility for renewing the license.
(11) If a license renewal application is not submitted by the license expiration date, the license may be renewed within 60 days after its expiration date upon application, payment of the regulatory assessment under section 603, and satisfaction of any renewal requirement and late fee set forth in rules. The licensee may continue to operate during the 60 days after the license expiration date if the license is renewed by the end of the 60-day period.
(12) License expiration does not terminate the board's marijuana regulatory agency's authority to impose sanctions on a licensee whose license has expired.
(13) In its decision on an application for renewal, the board marijuana regulatory agency shall consider any specific written input it receives from an individual or entity within the local unit of government in which the applicant for renewal is located.
(14) A licensee must consent in writing to inspections, examinations, searches, and seizures that are permitted under this act and must provide a handwriting exemplar, fingerprints, photographs, and information as authorized in this act or by rules.
(15) An applicant or licensee has a continuing duty to provide information requested by the board marijuana regulatory agency and to cooperate in any investigation, inquiry, or hearing conducted by the board.marijuana regulatory agency.