Mich. Comp. Laws § 333.29101
Short title.
This act shall be known and may be cited as the "industrial hemp growers act".
Michigan Compiled Laws — INDUSTRIAL HEMP GROWERS ACT (Act 220 of 2020)
Michigan · statute · 220 of 2020, Mich. Comp. Laws · 36 active provisions
Mich. Comp. Laws § 333.29103
Definitions.
As used in this act: (a) "Acceptable THC level" means the application of the measurement of uncertainty to the reported total delta-9-THC concentration level on a dry weight basis that produces a distribution or range that includes 0.3% or less total delta-9-THC. (b) "Applicant" means a person that submits an applicati…
Mich. Comp. Laws § 333.29105
Industrial hemp program; USDA approval.
(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 p…
Mich. Comp. Laws § 333.29107
Industrial hemp fund.
(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…
Mich. Comp. Laws § 333.29201
Grower registration; application; requirements.
(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 applic…
Mich. Comp. Laws § 333.29211
Initial registration; expiration; renewal; nontransferability.
(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 t…
Mich. Comp. Laws § 333.29213
Denial of application; notification.
(1) The department shall approve or deny an application for a registration within 120 days after the completed application is submitted. (2) The department shall deny an application for a registration if any of the following apply: (a) The application is incomplete. (b) If the applicant is an individual, the applicant…
Mich. Comp. Laws § 333.29215
Documentation of registration.
The department shall issue a document to a grower that evidences the granting of a registration.
Mich. Comp. Laws § 333.29217
Appeal of denied application; hearing.
(1) If the department denies an application for a registration, the applicant may appeal the denial by submitting a written request for a hearing to the department. The applicant must submit the request to the department not more than 15 days after the date of the denial. (2) The department shall conduct a hearing requ…
Mich. Comp. Laws § 333.29301
Report to USDA Farm Service Agency; grower duties.
(1) After a grower is granted a registration under chapter II and not more than 60 days before the grower plants any industrial hemp, the grower shall report the following information to the USDA Farm Service Agency: (a) The address and total acreage of and GPS coordinates for each field, greenhouse, building, or other…
Mich. Comp. Laws § 333.29303
Prohibitions on grower.
A grower shall not do any of the following: (a) Grow industrial hemp that is not in compliance with the grower's registration. (b) Grow industrial hemp in a location that is not disclosed on the grower's application under section 201. (c) Grow industrial hemp in a location that is not owned or completely controlled by…
Mich. Comp. Laws § 333.29305
Sign posting requirements.
(1) A grower shall post signage in a conspicuous location at each boundary line of each location where industrial hemp is grown. The signage must include all of the following: (a) The statement, "Industrial Hemp Registered with the Michigan Department of Agriculture and Rural Development". (b) The grower's name. (c) Th…
Mich. Comp. Laws § 333.29307
Record of sale of raw industrial hemp.
A grower shall provide a record of sale of raw industrial hemp to 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. The record of…
Mich. Comp. Laws § 333.29309
Maintenance of records.
(1) A grower shall maintain records that contain all of the following information: (a) Each record of sale generated under section 307. (b) The name and mailing address of any person from whom the grower purchased viable industrial hemp. (c) The name of each variety of industrial hemp the grower grows. (d) Evidence tha…
Mich. Comp. Laws § 333.29311
Growing locations; approval required.
(1) Before implementing a modification to a growing location listed in a registration, the grower must submit a growing location modification request on a form provided by the department and the required fee under section 511, and obtain written approval from the department. (2) The department shall not approve a growi…
Mich. Comp. Laws § 333.29313
Sale of industrial hemp to processor.
A grower may sell industrial hemp to a processor that is licensed under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
Mich. Comp. Laws § 333.29401
Harvesting of industrial hemp crop; sampling requirements.
(1) A grower that intends to harvest an industrial hemp lot shall contact the department not more than 30 days or less than 20 days before the grower's anticipated harvest to collect an official hemp sample of each lot of industrial hemp grown. A designated sampling agent shall collect an official hemp sample before th…
Mich. Comp. Laws § 333.29403
Regulatory testing facility or compliance monitoring testing facility; requirements; duties; report.
(1) A regulatory testing facility that performs total delta-9-THC testing must do all of the following: (a) Adopt a laboratory quality assurance program that ensures the validity and reliability of the total delta-9-THC test results. (b) Adopt an analytical method selection, validation, and verification procedure that…
Mich. Comp. Laws § 333.29405
Testing results; certified report; harvesting timeline.
(1) If the results of the total delta-9-THC test of an official hemp sample indicate a total delta-9-THC concentration of not more than the acceptable THC level, the regulatory testing facility shall provide to the grower and the department a certified report that states the results of the total delta-9-THC test. (2) I…
Mich. Comp. Laws § 333.29407
Destruction or remediation of noncompliant hemp; timeline; methods; grower duties; exceptions.
(1) A grower that receives a certified report under section 405(2) shall, within 30 days after receiving the certified report, dispose of the noncompliant hemp lot under subsection (2) or remediate the noncompliant industrial hemp lot under subsection (3). (2) Except as provided in subsection (8), a grower shall dispos…
Mich. Comp. Laws § 333.29409
Effective date of Chapter IV.
The provisions of this chapter are effective beginning November 1, 2020.
Mich. Comp. Laws § 333.29501
Rules.
The department may promulgate rules to implement this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Mich. Comp. Laws § 333.29503
Department reporting requirements.
(1) By the first of each month, the department shall report all of the following to the USDA: (a) For each grower, the information provided on an application submitted under section 201. (b) Each grower's registration number. (c) The status of each grower registration. (d) Any changes or updates to a grower's informati…
Mich. Comp. Laws § 333.29505
List of prohibited industrial hemp varieties; website; enforcement response policy.
(1) The department may create and maintain on its website a list of prohibited industrial hemp varieties. (2) The department shall develop an enforcement response policy for use under chapter VI. The enforcement response policy must provide for consideration and application of all of the following factors: (a) Whether…
Mich. Comp. Laws § 333.29507
Application maintenance.
The department shall maintain an application submitted under section 201 for 5 years.
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