A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 9a, 11a, 12, 13, 14, 15, and 17 (MCL 333.27951, 333.27952, 333.27953, 333.27954, 333.27955, 333.27956, 333.27957, 333.27958, 333.27959, 333.27959a, 333.27961a, 333.27962, 333.27963, 333.27964, 333.27965, and 333.27967), sections 3, 7, 8, and 13 as amended by 2023 PA 166, section 9a as added by 2020 PA 208, section 11a as added by 2021 PA 55, and section 14 as amended by 2023 PA 165, and by adding sections 20, 21, 22, 23, 24, 24a, 25, 26, 27, and 28; and to repeal acts and parts of acts.
House Bill No. 5884 proposes significant amendments to the Michigan Regulation and Taxation of Marihuana Act of 2018, aiming to refine the legal framework for the personal and commercial use of marijuana for individuals aged 21 and older. The bill outlines provisions for personal possession, cultivation, and transfer of marijuana, as well as the commercial cultivation, processing, testing, transportation, and sale of marijuana and industrial hemp. It mandates the licensing of individuals and entities involved in commercial marijuana activities and imposes a tax on marijuana sales. The bill delineates the responsibilities of state and local governmental bodies in regulating these activities and prescribes penalties for violations. The bill introduces several new sections and modifies existing ones, including the addition of sections 20 through 28, and the repeal of certain acts and parts of acts. It updates definitions and clarifies terms related to marijuana and its derivatives, licensing requirements, and the roles of various stakeholders. The amendments emphasize preventing the illicit market for marijuana, ensuring product safety, and securing licensed premises. The bill also addresses the relationship between the state and Indian tribes concerning marijuana regulation. Funding provisions include the collection of fees for licensure and fines for violations, with licensure fees deposited into the Marihuana Regulation Fund and fines remitted to the state's general fund. Municipalities are authorized to charge an annual fee of up to $5,000 to cover administrative and enforcement costs associated with local licensing. The bill also establishes the Marihuana Regulation Fund in the state treasury, where all collected taxes and fees will be deposited. The fund will be used for the implementation, administration, and enforcement of the act, with specific allocations for municipalities, counties, the school aid fund, and the Michigan transportation fund. The bill impacts various stakeholders, including individuals, businesses, municipalities, and state agencies. It provides protections for personal use and possession of marijuana within specified limits and under certain conditions, while also allowing municipalities to regulate or prohibit commercial marijuana activities within their jurisdictions. Employers retain the right to enforce workplace drug policies, and landlords cannot prohibit tenants from possessing or consuming marijuana, except by smoking. The bill also includes provisions for the protection of licensees from liability for damages caused by minors or visibly intoxicated individuals who were sold or transferred marijuana, provided certain conditions are met. Key timelines include the requirement for the Cannabis Regulatory Agency to begin accepting applications for state licenses by December 6, 2019, and for marihuana provisioning center licenses by March 1, 2026. The bill sets a two-year statute of limitations for actions against licensees for damages caused by minors or visibly intoxicated individuals who were sold or transferred marijuana. Additionally, the bill mandates that licensees maintain insurance coverage for liability for bodily injury to lawful users resulting from the manufacture, distribution, transportation, or sale of adulterated marijuana.
Co-sponsored by Reps.
Referred to the Committee on Regulatory Reform
Reported with substitute H-2
