Read the full stored bill text
BJH H05921'25_HB6163_INTR_1 3qd647
HOUSE BILL NO. 6163
A bill to amend 2016 PA 281, entitled
"Medical marihuana facilities licensing act,"
by amending sections 102, 201, 206, 501, 502, 503, 504, and 505
(MCL 333.27102, 333.27201, 333.27206, 333.27501, 333.27502,
333.27503, 333.27504, and 333.27505), section 102 as amended by
2021 PA 57, sections 201, 501, 503, and 504 as amended by 2018 PA
10, section 206 as amended by 2020 PA 207, and sections 502 and 505
as amended by 2018 PA 648, and by adding section 202.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act: 1
July 03, 2026, Introduced by Reps. Hoadley, Rogers, Beson, DeBoyer, Roth, Conlin, Herzberg,
McFall, Bierlein, Dievendorf, Steckloff, Miller, Byrnes, Morgan, Young, Neeley, O'Neal,
Breen and Longjohn and referred to Committee on Regulatory Reform.
2
BJH H05921'25_HB6163_INTR_1 3qd647
(a) "Advisory panel" or "panel" means the marijuana cannabis 1
regulatory agency. 2
(b) "Affiliate" means any person that controls, is controlled 3
by, or is under common control with; is in a partnership or joint 4
venture relationship with; or is a co-shareholder of a corporation, 5
a co-member of a limited liability company, or a co-partner in a 6
limited liability partnership with a licensee or applicant. 7
(c) "Applicant" means a person who that applies for a state 8
operating license. Applicant includes, with respect to disclosures 9
in an application, for purposes of ineligibility for a license 10
under section 402, or for purposes of prior marijuana cannabis 11
regulatory agency approval of a transfer of interest under section 12
406, and only for applications submitted on or after January 1, 13
2019, a managerial employee of the applicant, a person holding a 14
direct or indirect ownership interest of more than 10% in the 15
applicant, and the following for each type of applicant: 16
(i) For an individual or sole proprietorship: the proprietor 17
and the proprietor's spouse. 18
(ii) For a partnership and limited liability partnership: all 19
partners and their spouses. For a limited partnership and limited 20
liability limited partnership: all general and limited partners, 21
not including a limited partner holding a direct or indirect 22
ownership interest of 10% or less and who does not exercise control 23
over or participate in the management of the partnership, and their 24
spouses. For a limited liability company: all members and managers, 25
not including a member holding a direct or indirect ownership 26
interest of 10% or less and who does not exercise control over or 27
participate in the management of the company, and their spouses. 28
(iii) For a privately held corporation: all corporate officers 29
3
BJH H05921'25_HB6163_INTR_1 3qd647
or persons with equivalent titles and their spouses, all directors 1
and their spouses, and all stockholders, not including those 2
holding a direct or indirect ownership interest of 10% or less, and 3
their spouses. 4
(iv) For a publicly held corporation: all corporate officers or 5
persons with equivalent titles and their spouses, all directors and 6
their spouses, and all stockholders, not including those holding a 7
direct or indirect ownership interest of 10% or less, and their 8
spouses. 9
(v) For a multilevel ownership enterprise: any entity or 10
person that receives or has the right to receive more than 10% of 11
the gross or net profit from the enterprise during any full or 12
partial calendar or fiscal year. 13
(vi) For a nonprofit corporation: all individuals and entities 14
with membership or shareholder rights in accordance with the 15
articles of incorporation or the bylaws and the spouses of the 16
individuals. 17
(d) "Board" means the marijuana cannabis regulatory agency. 18
(e) "Cannabis regulatory agency" means that term as defined in 19
section 3 of the Michigan Regulation and Taxation of Marihuana Act, 20
2018 IL 1, MCL 333.27953. 21
(f) (e) "Cutting" means a section of a lead stem or root stock 22
that is used for vegetative asexual propagation. 23
(g) (f) "Department" means the department of licensing and 24
regulatory affairs. 25
(h) (g) "Grower" means a licensee that is a commercial entity 26
located in this state that cultivates, dries, trims, or cures and 27
packages marihuana for sale to a processor, provisioning center, or 28
another grower. 29
4
BJH H05921'25_HB6163_INTR_1 3qd647
(i) (h) "Industrial hemp" means that term as defined in 1
section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2
2018 IL 1, MCL 333.27953. 3
(j) (i) "Industrial hemp research and development act" means 4
the industrial hemp research and development act, 2014 PA 547, MCL 5
286.841 to 286.859. 6
(k) (j) "Licensee" means a person holding a state operating 7
license. 8
(l) (k) "Marihuana" means that term as defined in section 3 of 9
the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, 10
MCL 333.27953. 11
(m) "Marihuana disposer" means that term as defined in section 12
3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 13
1, MCL 333.27953. 14
(n) (l) "Marihuana facility" means a location at which a 15
licensee is licensed to operate under this act. 16
(o) (m) "Marihuana plant" means any plant of the species 17
Cannabis sativa L. Marihuana plant does not include industrial 18
hemp. 19
(p) "Marihuana plant waste" means that term as defined in 20
section 3 of the Michigan Regulation and Taxation of Marihuana Act, 21
2018 IL 1, MCL 333.27953. 22
(q) (n) "Marihuana-infused product" means that term as defined 23
in section 3 of the Michigan Regulation and Taxation of Marihuana 24
Act, 2018 IL 1, MCL 333.27953. 25
(r) (o) "Marihuana tracking act" means the marihuana tracking 26
act, 2016 PA 282, MCL 333.27901 to 333.27904. 27
(s) (p) "Marijuana regulatory agency" means the marijuana 28
regulatory agency created under Executive Reorganization Order No. 29
5
BJH H05921'25_HB6163_INTR_1 3qd647
2019-2, MCL 333.27001.cannabis regulatory agency. 1
(t) (q) "Michigan medical marihuana act" "Michigan Medical 2
Marihuana Act" means the Michigan Medical Marihuana Act, 2008 IL 1, 3
MCL 333.26421 to 333.26430. 4
(u) (r) "Municipality" means a city, township, or village. 5
(v) (s) "Paraphernalia" means any equipment, product, or 6
material of any kind that is designed for or used in growing, 7
cultivating, producing, manufacturing, compounding, converting, 8
storing, processing, preparing, transporting, injecting, smoking, 9
ingesting, inhaling, or otherwise introducing into the human body, 10
marihuana. 11
(w) (t) "Person" means an individual, corporation, limited 12
liability company, partnership, limited partnership, limited 13
liability partnership, limited liability limited partnership, 14
trust, or other legal entity. 15
(x) (u) "Plant" means any living organism that produces its 16
own food through photosynthesis and has observable root formation 17
or is in growth material. 18
(y) (v) "Processor" means a licensee that is a commercial 19
entity located in this state that purchases marihuana from a grower 20
and that extracts resin from the marihuana or creates a marihuana-21
infused product for sale and transfer in packaged form to a 22
provisioning center or another processor. 23
(z) (w) "Provisioning center" means a licensee that is a 24
commercial entity located in this state that purchases marihuana 25
from a grower or processor and sells, supplies, or provides 26
marihuana to registered qualifying patients, directly or through 27
the patients' registered primary caregivers. Provisioning center 28
includes any commercial property where marihuana is sold at retail 29
6
BJH H05921'25_HB6163_INTR_1 3qd647
to registered qualifying patients or registered primary caregivers. 1
A noncommercial location used by a registered primary caregiver to 2
assist a qualifying patient connected to the caregiver through the 3
department's marihuana registration process in accordance with the 4
Michigan Medical Marihuana Act is not a provisioning center for 5
purposes of this act. 6
(aa) (x) "Registered primary caregiver" means a primary 7
caregiver who has been issued a current registry identification 8
card under the Michigan Medical Marihuana Act. 9
(bb) (y) "Registered qualifying patient" means a qualifying 10
patient who has been issued a current registry identification card 11
under the Michigan Medical Marihuana Act or a visiting qualifying 12
patient as that term is defined in section 3 of the Michigan 13
Medical Marihuana Act, MCL 333.26423. 14
(cc) (z) "Registry identification card" means that term as 15
defined in section 3 of the Michigan Medical Marihuana Act, MCL 16
333.26423. 17
(dd) (aa) "Rules" means rules promulgated under the 18
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 19
24.328, by the marijuana cannabis regulatory agency to implement 20
this act. 21
(ee) (bb) "Safety compliance facility" means a licensee that 22
is a commercial entity that takes marihuana from a marihuana 23
facility or receives marihuana from a registered primary caregiver, 24
tests the marihuana for contaminants and for tetrahydrocannabinol 25
and other cannabinoids, returns the test results, and may return 26
the marihuana to the marihuana facility. 27
(ff) (cc) "Secure transporter" means a licensee that is a 28
commercial entity located in this state that stores marihuana and 29
7
BJH H05921'25_HB6163_INTR_1 3qd647
transports marihuana between marihuana facilities for a fee. 1
(gg) (dd) "Seed" means the fertilized, ungerminated, matured 2
ovule, containing an embryo or rudimentary plant, of a marihuana 3
plant that is flowering. 4
(hh) (ee) "Seedling" means a marihuana plant that has 5
germinated and has not flowered and is not harvestable. 6
(ii) (ff) "State operating license" or, unless the context 7
requires a different meaning, "license" means a license that is 8
issued under this act that allows the licensee to operate as 1 of 9
the following, specified in the license: 10
(i) A grower. 11
(ii) A processor. 12
(iii) A secure transporter. 13
(iv) A provisioning center. 14
(v) A safety compliance facility. 15
(jj) (gg) "Statewide monitoring system" or, unless the context 16
requires a different meaning, "system" means an internet-based, 17
statewide database established, implemented, and maintained by the 18
department under the marihuana tracking act, that is available to 19
licensees, law enforcement agencies, and authorized state 20
departments and agencies on a 24-hour basis for all of the 21
following: 22
(i) Verifying registry identification cards. 23
(ii) Tracking marihuana transfer and transportation by 24
licensees, including transferee, date, quantity, and price. 25
(iii) Verifying in commercially reasonable time that a transfer 26
will not exceed the limit that the patient or caregiver is 27
authorized to receive under section 4 of the Michigan Medical 28
Marihuana Act, MCL 333.26424. 29
8
BJH H05921'25_HB6163_INTR_1 3qd647
(kk) (hh) "Tissue culture" means a marihuana plant cell, 1
cutting, tissue, or organ, that is kept under a sterile condition 2
on a nutrient culture medium of known composition and that does not 3
have visible root formation. A tissue culture is not a marihuana 4
plant for purposes of a grower. 5
(ll) (ii) "Usable marihuana" means the dried leaves, flowers, 6
plant resin, or extract of the marihuana plant, but does not 7
include the seeds, stalks, and roots of the plant. 8
Sec. 201. (1) Except as otherwise provided in this act, if a 9
person has been granted a state operating license and is operating 10
within the scope of the license, the licensee and its agents are 11
not subject to any of the following for engaging in activities 12
described in subsection (2): 13
(a) Criminal penalties under state law or local ordinances 14
regulating marihuana. 15
(b) State or local criminal prosecution for a marihuana-16
related offense. 17
(c) State or local civil prosecution for a marihuana-related 18
offense. 19
(d) Search or inspection, except for an inspection authorized 20
under this act by law enforcement officers, the municipality, or 21
the department. 22
(e) Seizure of marihuana, real property, personal property, or 23
anything of value based on a marihuana-related offense. 24
(f) Any sanction, including disciplinary action or denial of a 25
right or privilege, by a business or occupational or professional 26
licensing board or bureau based on a marihuana-related offense. 27
(2) The following activities are protected under subsection 28
(1) if performed under a state operating license within the scope 29
9
BJH H05921'25_HB6163_INTR_1 3qd647
of that license and in accord with this act, rules, and any 1
ordinance adopted under section 205: 2
(a) Growing marihuana. 3
(b) Purchasing, receiving, selling, transporting, or 4
transferring marihuana from or to a licensee, a licensee's agent, a 5
registered qualifying patient, or a registered primary caregiver. 6
(c) Possessing marihuana. 7
(d) Possessing or manufacturing marihuana paraphernalia for 8
medical use. 9
(e) Processing marihuana. 10
(f) Transporting marihuana. 11
(g) Testing, transferring, infusing, extracting, altering, or 12
studying marihuana. 13
(h) Receiving or providing compensation for products or 14
services. 15
(3) Except as otherwise provided in this act, a person who 16
that owns or leases real property upon which a marihuana facility 17
is located or upon which a marihuana disposer operates and who that 18
has no knowledge that the licensee or marihuana disposer violated 19
this act is not subject to any of the following for owning, 20
leasing, or permitting the operation of a marihuana facility or 21
marihuana disposer on the real property: 22
(a) Criminal penalties under state law or local ordinances 23
regulating marihuana. 24
(b) State or local civil prosecution based on a marihuana-25
related offense. 26
(c) State or local criminal prosecution based on a marihuana-27
related offense. 28
(d) Search or inspection, except for an inspection authorized 29
10
BJH H05921'25_HB6163_INTR_1 3qd647
under this act by law enforcement officers, the municipality, or 1
the department. 2
(e) Seizure of any real or personal property or anything of 3
value based on a marihuana-related offense. 4
(f) Any sanction, including disciplinary action or denial of a 5
right or privilege, by a business or occupational or professional 6
licensing board or bureau. 7
(4) Except as otherwise provided in this act, a certified 8
public accountant who is licensed under article 7 of the 9
occupational code, 1980 PA 299, MCL 339.720 to 339.736, is not 10
subject to any of the following for engaging in the practice of 11
public accounting as that term is defined in section 720 of the 12
occupational code, 1980 PA 299, MCL 339.720, for an applicant or 13
licensee who that is in compliance with this act, rules, and the 14
Michigan medical marihuana act:Medical Marihuana Act or a marihuana 15
disposer that is in compliance with this act and rules: 16
(a) Criminal penalties under state law or local ordinances 17
regulating marihuana. 18
(b) State or local civil prosecution based on a marihuana-19
related offense. 20
(c) State or local criminal prosecution based on a marihuana-21
related offense. 22
(d) Seizure of any real or personal property or anything of 23
value based on a marihuana-related offense. 24
(e) Any sanction, including disciplinary action or denial of a 25
right or privilege, by a business or occupational or professional 26
licensing board or bureau based on a marihuana-related offense. 27
(5) Except as otherwise provided in this act, a financial 28
institution is not subject to any of the following for providing a 29
11
BJH H05921'25_HB6163_INTR_1 3qd647
financial service to a licensee under this act:or marihuana 1
disposer: 2
(a) Criminal penalties under state law or local ordinances 3
regulating marihuana. 4
(b) State or local civil prosecution based on a marihuana-5
related offense. 6
(c) State or local criminal prosecution based on a marihuana-7
related offense. 8
(d) Seizure of any real or personal property or anything of 9
value based on a marihuana-related offense. 10
(e) Any sanction, including disciplinary action or denial of a 11
right or privilege, by a business or occupational or professional 12
licensing board or bureau based on a marihuana-related offense. 13
(6) For the purposes of regulating the commercial entities 14
established under this act, any provisions of the following acts 15
that are inconsistent with this act do not apply to a grower, 16
processor, secure transporter, provisioning center, or safety 17
compliance facility, or marihuana disposer operating in compliance 18
with this act: 19
(a) The business corporation act, 1972 PA 284, MCL 450.1101 to 20
450.2098. 21
(b) The nonprofit corporation act, 1982 PA 162, MCL 450.2101 22
to 450.3192. 23
(c) 1931 PA 327, MCL 450.98 to 450.192. 24
(d) The Michigan revised uniform limited partnership act, 1982 25
PA 213, MCL 449.1101 to 449.2108. 26
(e) The Michigan limited liability company act, 1993 PA 23, 27
MCL 450.4101 to 450.5200. 28
(f) 1907 PA 101, MCL 445.1 to 445.5. 29
12
BJH H05921'25_HB6163_INTR_1 3qd647
(g) 1913 PA 164, MCL 449.101 to 449.106. 1
(h) The uniform partnership act, 1917 PA 72, MCL 449.1 to 2
449.48. 3
(7) As used in this section: 4
(a) "Financial institution" means any of the following: 5
(i) A state or national bank. 6
(ii) A state or federally chartered savings and loan 7
association. 8
(iii) A state or federally chartered savings bank. 9
(iv) A state or federally chartered credit union. 10
(v) An insurance company. 11
(vi) An entity that offers any of the following to a resident 12
of this state: 13
(A) A mutual fund account. 14
(B) A securities brokerage account. 15
(C) A money market account. 16
(D) A retail investment account. 17
(vii) An entity regulated by the Securities and Exchange 18
Commission that collects funds from the public. 19
(viii) An entity that is a member of the National Association of 20
Securities Dealers and that collects funds from the public. 21
(ix) Another entity that collects funds from the public. 22
(b) "Financial service" means a deposit; withdrawal; transfer 23
between accounts; exchange of currency; loan; extension of credit; 24
purchase or sale of any stock, bond, certificate of deposit, or 25
other monetary instrument; or any other payment, transfer, or 26
delivery by, through, or to a financial institution, by whatever 27
means effected. 28
Sec. 202. (1) A marihuana disposer and its agents are not 29
13
BJH H05921'25_HB6163_INTR_1 3qd647
subject to any of the following for engaging in the activities 1
described in subsection (2): 2
(a) Criminal penalties under state law or local ordinances 3
regulating marihuana. 4
(b) State or local criminal prosecution for a marihuana-5
related offense. 6
(c) State or local civil prosecution for a marihuana-related 7
offense. 8
(d) Search or inspection, except for either of the following: 9
(i) An inspection authorized under this act by law enforcement 10
officers, the municipality, or the department. 11
(ii) An inspection authorized under the natural resources and 12
environmental protection act, 1994 PA 451, MCL 324.101 to 13
324.90106. 14
(e) Seizure of marihuana, real property, personal property, or 15
anything of value based on a marihuana-related offense. 16
(f) Any sanction, including disciplinary action or denial of a 17
right or privilege, by a business or occupational or professional 18
licensing board or bureau based on a marihuana-related offense. 19
(2) The following activities performed by a marihuana disposer 20
or its agent are protected under subsection (1) if performed in 21
compliance with this act and rules and, if applicable, the natural 22
resources and environmental protection act, 1994 PA 451, MCL 23
324.101 to 324.90106: 24
(a) Disposing of marihuana plant waste at the marihuana 25
disposer's site or facility. 26
(b) Transporting marihuana plant waste from a marihuana 27
facility to the marihuana disposer's site or facility. 28
Sec. 206. The marijuana cannabis regulatory agency shall 29
14
BJH H05921'25_HB6163_INTR_1 3qd647
promulgate rules and emergency rules as necessary to implement, 1
administer, and enforce this act. The rules must ensure the safety, 2
security, and integrity of the operation of marihuana facilities, 3
and must include rules to do the following: 4
(a) Set appropriate standards for marihuana facilities and 5
associated equipment. 6
(b) Subject to section 408, establish minimum levels of 7
insurance that licensees must maintain. 8
(c) Establish operating regulations for each category of 9
license to ensure the health, safety, and security of the public 10
and the integrity of marihuana facility operations. 11
(d) Establish qualifications and restrictions for persons 12
participating in or involved with operating marihuana facilities. 13
(e) Establish testing standards, procedures, and requirements 14
for marihuana sold through provisioning centers. 15
(f) Provide for the levy and collection of fines for a 16
violation of this act or rules. 17
(g) Prescribe use of the statewide monitoring system to track 18
all marihuana transfers, as provided in the marihuana tracking act 19
and this act, and provide for a funding mechanism to support the 20
system. 21
(h) Establish quality control standards, procedures, and 22
requirements for marihuana facilities. 23
(i) Establish chain of custody standards, procedures, and 24
requirements for marihuana facilities. 25
(j) Establish Except as otherwise provided in this 26
subdivision, establish standards, procedures, and requirements for 27
waste product disposal and storage by marihuana facilities. 28
However, the cannabis regulatory agency shall not promulgate a rule 29
15
BJH H05921'25_HB6163_INTR_1 3qd647
or emergency rule that requires a marihuana facility to do any of 1
the following: 2
(i) Combine marihuana plant waste with any other product. 3
(ii) Render marihuana plant waste unusable or unrecognizable. 4
(k) Establish chemical storage standards, procedures, and 5
requirements for marihuana facilities. 6
(l) Establish standards, procedures, and requirements for 7
securely and safely transporting marihuana between marihuana 8
facilities. 9
(m) Establish standards, procedures, and requirements for the 10
storage of marihuana by marihuana facilities. 11
(n) Establish labeling and packaging standards, procedures, 12
and requirements for marihuana sold or transferred through 13
provisioning centers, including, but not limited to: 14
(i) A prohibition on labeling or packaging that is intended to 15
appeal to or has the effect of appealing to minors. 16
(ii) A requirement that all marihuana sold through provisioning 17
centers include on the exterior of the marihuana packaging the 18
following warning printed in clearly legible type and surrounded by 19
a continuous heavy line: 20
WARNING: USE BY PREGNANT OR BREASTFEEDING WOMEN, OR BY 21
WOMEN PLANNING TO BECOME PREGNANT, MAY RESULT IN FETAL 22
INJURY, PRETERM BIRTH, LOW BIRTH WEIGHT, OR DEVELOPMENTAL 23
PROBLEMS FOR THE CHILD. 24
(o) Establish daily and monthly purchasing limits at 25
provisioning centers for registered qualifying patients and 26
registered primary caregivers to ensure compliance with the 27
Michigan Medical Marihuana Act. 28
(p) Establish marketing and advertising restrictions for 29
16
BJH H05921'25_HB6163_INTR_1 3qd647
marihuana products and marihuana facilities. 1
(q) Establish maximum tetrahydrocannabinol levels for 2
marihuana-infused products sold or transferred through provisioning 3
centers. 4
(r) Establish health standards to ensure the safe preparation 5
of products containing marihuana that are intended for human 6
consumption in a manner other than smoke inhalation. 7
(s) Establish restrictions on edible marihuana-infused 8
products to prohibit shapes that would appeal to minors. 9
(t) Establish standards, procedures, and requirements for the 10
sale of industrial hemp from a provisioning center to a registered 11
qualified patient. The rules promulgated under this subdivision 12
must be promulgated before March 1, 2019. 13
(u) Establish informational pamphlet standards for 14
provisioning centers including, but not limited to, a requirement 15
to make available to every patron at the time of sale a pamphlet 16
measuring 3.5 inches by 5 inches that includes safety information 17
related to marihuana use by minors and the poison control hotline 18
number. 19
(v) Establish procedures and standards for approving an 20
appointee to operate a marihuana facility under section 206a. 21
Sec. 501. (1) A grower license authorizes the grower to grow 22
not more than the following number of marihuana plants under the 23
indicated license class for each license the grower holds in that 24
class: 25
(a) Class A – 500 marihuana plants. 26
(b) Class B – 1,000 marihuana plants. 27
(c) Class C – 1,500 marihuana plants. 28
(2) Except as otherwise provided in this subsection, a grower 29
17
BJH H05921'25_HB6163_INTR_1 3qd647
license authorizes sale of marihuana plants to a grower only by 1
means of a secure transporter. A grower license authorizes the sale 2
or transfer of seeds, seedlings, or tissue cultures to a grower 3
from a registered primary caregiver or another grower without using 4
a secure transporter. 5
(3) A grower license authorizes a grower to transfer marihuana 6
without using a secure transporter to a processor or provisioning 7
center if both of the following are met: 8
(a) The processor or provisioning center occupies the same 9
location as the grower and the marihuana is transferred using only 10
private real property without accessing public roadways. 11
(b) The grower enters each transfer into the statewide 12
monitoring system. 13
(4) A grower license authorizes sale of marihuana, other than 14
seeds, seedlings, tissue cultures, and cuttings, to a processor or 15
provisioning center. 16
(5) Except as otherwise provided in subsections (2) and (3) 17
and section 505, a grower license authorizes the grower to transfer 18
marihuana only by means of a secure transporter. 19
(6) To be eligible for a grower license, the applicant and 20
each investor in the grower must not have an interest in a secure 21
transporter or safety compliance facility. 22
(7) Until December 31, 2018, for a period of 30 days after the 23
issuance of a grower license and in accord with rules, a grower may 24
transfer any of the following that are lawfully possessed by an 25
individual formerly registered as a primary caregiver who is an 26
active employee of the grower: 27
(a) Marihuana plants. 28
(b) Seeds. 29
18
BJH H05921'25_HB6163_INTR_1 3qd647
(c) Seedlings. 1
(8) A grower shall comply with all of the following: 2
(a) Until December 31, 2021, have, or have as an active 3
employee an individual who has, a minimum of 2 years' experience as 4
a registered primary caregiver. 5
(b) While holding a license as a grower, not be a registered 6
primary caregiver and not employ an individual who is 7
simultaneously a registered primary caregiver. 8
(c) Enter all transactions, current inventory, and other 9
information into the statewide monitoring system as required in 10
this act, rules, and the marihuana tracking act. 11
(9) A grower license does not authorize the grower to operate 12
in an area unless the area is zoned for industrial or agricultural 13
uses or is unzoned and otherwise meets the requirements established 14
in section 205(1). 15
(10) A grower license authorizes a grower to transfer 16
marihuana plant waste to a marihuana disposer. A grower license 17
does not authorize a grower to transport marihuana plant waste. 18
Sec. 502. (1) A processor license authorizes purchase of 19
marihuana only from a grower and sale of marihuana-infused products 20
or marihuana only to a provisioning center or another processor. 21
(2) Except as otherwise provided in section 505 and this 22
subsection, a processor license authorizes the processor to 23
transfer marihuana only by means of a secure transporter. A 24
processor license authorizes a processor to transfer marihuana 25
without using a secure transporter to a grower or provisioning 26
center if both of the following are met: 27
(a) The grower or provisioning center occupies the same 28
location as the processor and the marihuana is transferred using 29
19
BJH H05921'25_HB6163_INTR_1 3qd647
only private real property without accessing public roadways. 1
(b) The processor enters each transfer into the statewide 2
monitoring system. 3
(3) To be eligible for a processor license, the applicant and 4
each investor in the processor must not have an interest in a 5
secure transporter or safety compliance facility. 6
(4) Until December 31, 2018, for a period of 30 days after the 7
issuance of a processor license and in accord with rules, a 8
processor may transfer any of the following that are lawfully 9
possessed by an individual formerly registered as a primary 10
caregiver who is an active employee of the processor: 11
(a) Marihuana plants. 12
(b) Usable marihuana. 13
(5) A processor shall comply with all of the following: 14
(a) Until December 31, 2021, have, or have as an active 15
employee an individual who has, a minimum of 2 years' experience as 16
a registered primary caregiver. 17
(b) While holding a license as a processor, not be a 18
registered primary caregiver and not employ an individual who is 19
simultaneously a registered primary caregiver. 20
(c) Enter all transactions, current inventory, and other 21
information into the statewide monitoring system as required in 22
this act, rules, and the marihuana tracking act. 23
(6) This act does not prohibit a processor from handling, 24
processing, marketing, or brokering, as those terms are defined in 25
section 2 of the industrial hemp research and development act, MCL 26
286.842, industrial hemp. 27
(7) A processor license authorizes a processor to transfer 28
marihuana plant waste to a marihuana disposer. A processor license 29
20
BJH H05921'25_HB6163_INTR_1 3qd647
does not authorize a processor to transport marihuana plant waste. 1
Sec. 503. (1) A secure transporter license authorizes the 2
licensee to store and transport marihuana and money associated with 3
the purchase or sale of marihuana between marihuana facilities for 4
a fee upon request of a person with legal custody of that marihuana 5
or money. It does not authorize transport to a registered 6
qualifying patient or registered primary caregiver. If a secure 7
transporter has its primary place of business in a municipality 8
that has adopted an ordinance under section 205 authorizing that 9
marihuana facility, the secure transporter may travel through any 10
municipality. 11
(2) To be eligible for a secure transporter license, the 12
applicant and each investor with an interest in the secure 13
transporter must not have an interest in a grower, processor, 14
provisioning center, or safety compliance facility and must not be 15
a registered qualifying patient or a registered primary caregiver. 16
(3) A secure transporter shall enter all transactions, current 17
inventory, and other information into the statewide monitoring 18
system as required in this act, rules, and the marihuana tracking 19
act. 20
(4) A secure transporter shall comply with all of the 21
following: 22
(a) Each driver transporting marihuana must have a chauffeur's 23
license issued by this state. 24
(b) Each employee who has custody of marihuana or money that 25
is related to a marihuana transaction shall not have been convicted 26
of or released from incarceration for a felony under the laws of 27
this state, any other state, or the United States within the past 5 28
years or have been convicted of a misdemeanor involving a 29
21
BJH H05921'25_HB6163_INTR_1 3qd647
controlled substance within the past 5 years. 1
(c) Each vehicle must be operated with a 2-person crew with at 2
least 1 individual remaining with the vehicle at all times during 3
the transportation of marihuana. 4
(d) A route plan and manifest must be entered into the 5
statewide monitoring system, and a copy must be carried in the 6
transporting vehicle and presented to a law enforcement officer 7
upon request. 8
(e) The marihuana must be transported in 1 or more sealed 9
containers and not be accessible while in transit. 10
(f) A secure transporting vehicle must not bear markings or 11
other indication that it is carrying marihuana or a marihuana-12
infused product. 13
(5) A secure transporter is subject to administrative 14
inspection by a law enforcement officer at any point during the 15
transportation of marihuana to determine compliance with this act. 16
(6) A secure transporter license authorizes a secure 17
transporter to transfer marihuana plant waste to a marihuana 18
disposer and transport marihuana plant waste from a marihuana 19
facility to a marihuana disposer's site or facility. 20
Sec. 504. (1) A provisioning center license authorizes the 21
purchase or transfer of marihuana only from a grower or processor 22
and sale or transfer to only a registered qualifying patient or 23
registered primary caregiver. Except as otherwise provided in 24
section 505 and this subsection, all transfers of marihuana to a 25
provisioning center from a separate marihuana facility must be by 26
means of a secure transporter. A transfer of marihuana to a 27
provisioning center from a marihuana facility that occupies the 28
same location as the provisioning center does not require a secure 29
22
BJH H05921'25_HB6163_INTR_1 3qd647
transporter if the marihuana is transferred to the provisioning 1
center using only private real property without accessing public 2
roadways. 3
(2) A provisioning center license authorizes the provisioning 4
center to transfer marihuana to or from a safety compliance 5
facility for testing by means of a secure transporter or as 6
provided in section 505. 7
(3) To be eligible for a provisioning center license, the 8
applicant and each investor in the provisioning center must not 9
have an interest in a secure transporter or safety compliance 10
facility. 11
(4) A provisioning center shall comply with all of the 12
following: 13
(a) Sell or transfer marihuana to a registered qualifying 14
patient or registered primary caregiver only after it has been 15
tested and bears the label required for retail sale. 16
(b) Enter all transactions, current inventory, and other 17
information into the statewide monitoring system as required in 18
this act, rules, and the marihuana tracking act. 19
(c) Before selling or transferring marihuana to a registered 20
qualifying patient or to a registered primary caregiver on behalf 21
of a registered qualifying patient, inquire of the statewide 22
monitoring system to determine whether the patient and, if 23
applicable, the caregiver hold a valid, current, unexpired, and 24
unrevoked registry identification card and that the sale or 25
transfer will not exceed the daily and monthly purchasing limit 26
established by the medical marihuana licensing board under this 27
act. 28
(d) Not allow the sale, consumption, or use of alcohol or 29
23
BJH H05921'25_HB6163_INTR_1 3qd647
tobacco products on the premises. 1
(e) Not allow a physician to conduct a medical examination or 2
issue a medical certification document on the premises for the 3
purpose of obtaining a registry identification card. 4
(5) A provisioning center license authorizes a provisioning 5
center to transfer marihuana plant waste to a marihuana disposer. A 6
provisioning center license does not authorize a provisioning 7
center to transport marihuana plant waste. 8
Sec. 505. (1) In addition to transfer and testing authorized 9
in section 203, a safety compliance facility license authorizes the 10
safety compliance facility to do all of the following without using 11
a secure transporter: 12
(a) Take marihuana from, test marihuana for, and return 13
marihuana to only a marihuana facility. 14
(b) Collect a random sample of marihuana at the marihuana 15
facility of a grower, processor, or provisioning center for 16
testing. 17
(2) A safety compliance facility must be accredited by an 18
entity approved by the board by 1 year after the date the license 19
is issued or have previously provided drug testing services to this 20
state or this state's court system and be a vendor in good standing 21
in regard to those services. The board may grant a variance from 22
this requirement upon a finding that the variance is necessary to 23
protect and preserve the public health, safety, or welfare. 24
(3) To be eligible for a safety compliance facility license, 25
the applicant and each investor with any interest in the safety 26
compliance facility must not have an interest in a grower, secure 27
transporter, processor, or provisioning center. 28
(4) A safety compliance facility shall comply with all of the 29
24
BJH H05921'25_HB6163_INTR_1 3qd647
following: 1
(a) Perform tests to certify that marihuana is reasonably free 2
of chemical residues such as fungicides and insecticides. 3
(b) Use validated test methods to determine 4
tetrahydrocannabinol, tetrahydrocannabinol acid, cannabidiol, and 5
cannabidiol acid levels. 6
(c) Perform tests that determine whether marihuana complies 7
with the standards the board establishes for microbial and 8
mycotoxin contents. 9
(d) Perform other tests necessary to determine compliance with 10
any other good manufacturing practices as prescribed in rules. 11
(e) Enter all transactions, current inventory, and other 12
information into the statewide monitoring system as required in 13
this act, rules, and the marihuana tracking act. 14
(f) Have a secured laboratory space that cannot be accessed by 15
the general public. 16
(g) Retain and employ at least 1 staff member with a relevant 17
advanced degree in a medical or laboratory science. 18
(5) This act does not prohibit a safety compliance facility 19
from taking or receiving industrial hemp for testing purposes and 20
testing the industrial hemp pursuant to in accordance with the 21
industrial hemp research and development act. 22
(6) A safety compliance facility license authorizes a safety 23
compliance facility to transfer marihuana plant waste to a 24
marihuana disposer. A safety compliance facility license does not 25
authorize a safety compliance facility to transport marihuana plant 26
waste. 27
Enacting section 1. This amendatory act does not take effect 28
unless Senate Bill No. ____ (request no. S05920'25) or House Bill 29
25
Final Page
BJH H05921'25_HB6163_INTR_1 3qd647
No. 6162 (request no. H05920'25) of the 103rd Legislature is 1
enacted into law. 2