SEVERAL NEW AMENDMENTS MODIFY DEFINITIONS OF CANNABIS LAWS TO BE CONSISTENT WITH THE DEFINED TERMS IN THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT

In an effort to make Michigan’s cannabis laws more consistent, on July 13, 2021, Governor Gretchen Whitmer signed into law several amendments which modify the definitions of various terms across Michigan’s cannabis laws to be consistent with its most recent cannabis legislation, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”). The amendments take effect October 11, 2021.

Pursuant to section 3(e) of MRTMA, the term marihuana means:

all parts of the 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. Marihuana does not include any of the following:

(i) 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.

(ii) Industrial hemp.

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

2021 PA 62 amends the Michigan Medical Marihuana Act, 2021 PA 59 amends the Marihuana Tracking Act, 2021 PA 58 amends the Industrial Hemp Growers Act, and 2021 PA 57 amends the Michigan Marihuana Facilities Licensing Act such that the term marihuana is now consistent with the definition above.

Pursuant to section 3(c) of MRTMA, the term industrial hemp means:

a plant of the genus Cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration 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 of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant, regardless of moisture content, is 0.3% or less.

2021 PA 61 amends the Industrial Hemp Research and Development Act, 2021 PA 58 amends the Industrial Hemp Growers Act, and 2021 PA 57 amends the Medical Marihuana Facilities Licensing Act such that the term industrial hemp is now consistent with the above definition.

2021 PA 56 amends MRTMA by adding the definition of THC to mean

(i) Tetrahydrocannabinolic acid

(ii) Unless excluded by the marijuana regulatory agency under section 8(2)(c), a tetrahydrocannabinol, regardless of whether it is artificially or naturally derived.

(iii) A tetrahydrocannabinol that is a structural, optical, or geometric isomer of a tetrahydrocannabinol described In subparagraph (ii).

2021 PA 61 amends the Industrial Hemp Research and Development Act and 2021 PA 58 amends the Industrial Growers Act to define THC as stated above.

Finally, pursuant to Section 3(j) of MRTMA, 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.” 2021 PA 57 amends the Michigan Marihuana Facilities Licensing Act by modifying the term marihuana-infused product to be consistent with the aforementioned definition.

USE OF TELEMEDICINE DURING COVID-19 PROMPTS CHANGE TO MICHIGAN MEDICAL MARIHUANA ACT

To account for the increase in the use of telemedicine over the last year, Michigan Governor Gretchen Whitmer signed 2021 PA 62 into law which removes the word in-person from the definitions of bona fide physician-patient relationship and written certification under the Michigan Medical Marihuana Act such that the physician’s medical evaluation of the patient is no longer required to be conducted in-person, but can instead be conducted virtually. The amendment was sponsored by Republican State Representative Jim Lilly from the 89^th House District and Democratic State Representative Kevin Hertel from the 18^th House District. It is supported by representatives of the Marijuana Regulatory Agency, the Michigan Cannabis Manufacturing Association, Students for Sensible Drug Policy, and the Michigan Cannabis Industry Association.

RECENT AMENDMENTS RESULT IN SIGNIFICANT CHANGES TO THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT

On July 13, 2021, Michigan Governor Gretchen Whitmer signed into law two pieces of legislation amending the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”). First, 2021 PA 56 amended MRTMA to require the Michigan Regulatory Agency (“MRA”) promulgate a limit on the total amount of THC a product may contain, as well as rules to exclude from the definition of THC a tetrahydrocannabinol if the MRA determines it does not have a potential for abuse.

2021 PA 55, also signed by Governor Whitmer on July 13, 2021, amends MRTMA to (1) prohibit a licensee from selling marijuana to someone younger than 21 years old or to someone who is visibly intoxicated; (2) specify that someone injured by a minor or a visibly intoxicated person has a right of action against the licensee who sold the marijuana; (3) dictate the statute of limitations for such an action; and (4) require a licensee to maintain insurance coverage of at least $50,000 for such actions against the licensee.

Both amendments take effect October 11, 2021.

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Several New Amendments Modify Definitions of Cannabis Law

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