Michigan Laws 286.854 – Testing required before harvesting or destroying an industrial hemp crop; failure to comply; certified report of testing results; rules; falsified sample; felony; penalties
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Terms Used In Michigan Laws 286.854
- Cannabis: means the plant Cannabis sativa L. See Michigan Laws 286.842
- Department: means the department of agriculture and rural development. See Michigan Laws 286.842
- Grower: means a person registered by the department under this act to grow industrial hemp. See Michigan Laws 286.842
- Industrial hemp: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 286.842
- Testing facility: means a safety compliance facility licensed under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333. See Michigan Laws 286.842
- THC: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 286.842
(1) A grower that intends to harvest or destroy an industrial hemp crop shall schedule a test of a sample of the crop by a testing facility, and the testing facility shall test the sample not less than 15 days before the intended harvest or destruction date.
(2) A grower who harvests or destroys a crop before receiving the results of testing under this section is subject to suspension and revocation of his or her registration.
(3) The testing facility shall measure the THC concentration of each sample collected under this section. The following apply to the THC test results:
(a) If the result of the THC test indicates a delta-9-THC concentration of less than 0.3% on a dry weight basis, the testing facility shall provide to the grower and to the department a certified report stating that result.
(b) If the result of the THC test indicates a delta-9-THC concentration that is equal to or greater than 0.3% on a dry weight basis, the grower may destroy the crop or repeat the testing an additional 2 times. The testing facility shall provide to the grower and to the department a certified report stating the result of each test performed under this subdivision.
(c) If a third THC test under this subsection indicates a delta-9-THC concentration that is equal to or greater than 0.3%, the testing facility shall provide to the grower and to the department a certified report stating that result and the department or a law enforcement agency shall order destroyed, or confiscate, all cannabis that is in the grower’s possession.
(4) The department shall establish rules for testing under this section in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(5) An individual who allows a falsified sample of an industrial hemp crop to be taken by a testing facility under this section is guilty of a felony and shall be imprisoned for not less than 1 year or more than 2 years and shall be fined $5,000.00.