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HB 5042

AN ACT RELATING TO FINANCIAL INSTITUTIONS -- LICENSED ACTIVITIES

2025 Regular Session Introduced by Karen Alzate and 9 co-sponsors

Sets an uncertainty-based 0.3% delta-9-THC threshold for hemp, tying test results to measurement error to protect growers from inadvertent noncompliance.

07/01/2025 Signed by Governor
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Bill Summary · HB 5042

Summary — HB 5042 (2025): Amendments to the Industrial Hemp Growers Act

Bill at a glance

  • Title: Industrial Hemp: other; cross-references to industrial hemp research and development act within the industrial hemp growers act; amend.
  • Bill No.: HB 5042
  • Amends: 2020 PA 220 (Industrial Hemp Growers Act), specifically sections 103, 211, 303, and 307 (MCL 333.29103 et seq.)
  • Introduced: March 13, 2025 (Rep. Jimmie Wilson Jr.); latest electronic reproduction 09/24/2025
  • Committee: Referred to Committee on Regulatory Reform
  • Tie bar: HB 5040'25

Purpose / Intent

The bill updates definitions and regulatory cross‑references in the Industrial Hemp Growers Act to clarify testing, sampling, lab requirements, and allowable practices for growers. It explicitly links certain grower activities and testing standards to the Industrial Hemp Research and Development Act and to medical marihuana facility licensing where relevant.

Key provisions and changes

The bill primarily amends the definitional section (Sec. 103) and related statutory references. Notable changes in the introduced version include:

  • Acceptable THC level

    • Defines “acceptable THC level” by applying the laboratory measurement of uncertainty to the reported total delta‑9‑THC (dry weight) to produce a range that includes 0.3% or less. (This creates a statutory way to account for analytical uncertainty when determining compliance.)

  • Testing and laboratory definitions

    • Defines “regulatory testing facility” and “compliance monitoring testing facility,” requiring DEA registration and authorization under 21 CFR 1301.13; regulatory testing facilities must also meet requirements under section 403.
    • Introduces “postdecarboxylation test” and clarifies “official hemp sample” (collected by a department‑authorized designated sampling agent and tested by a regulatory testing facility).

  • Sampling and enforcement

    • Defines “designated sampling agent” as federal, state, or local law enforcement agents authorized by the department to collect official samples under section 401.
    • Defines “dispose” in the context of transitioning noncompliant hemp into nonretrievable/noningestible forms (see section 407).

  • Grower activity and sales

    • Expands the statutory definition of “grow/growing” to explicitly include selling harvested industrial hemp to a processor‑handler licensed under the Industrial Hemp Research and Development Act (2014 PA 547) or to a processor licensed under the Medical Marihuana Facilities Licensing Act (2016 PA 281), while excluding sales of finished or smokable hemp flower.

  • Operational details

    • Defines GPS coordinate precision (decimal degrees to 6 places).
    • Clarifies “key participant” (executive/ownership positions subject to registration) and explicitly excludes farm/field/shift managers.
    • Includes definitions for criminal history report requirements and “good standing” (fees/fines paid).

Who is affected

  • Industrial hemp growers and prospective registrants (registration, sampling, and testing obligations)
  • Laboratories (must be DEA‑registered; regulatory testing facilities must meet section 403 requirements)
  • Processors and processor‑handlers (clarified authorized recipients of harvested hemp)
  • Department of Agriculture and Rural Development (oversight, sampling authorization)
  • Law enforcement designated sampling agents

Procedural status & timeline

  • Filed: 2025-03-13
  • Read first time: 2025-04-03
  • Referred to State Affairs: 2025-04-03
  • Public hearing & committee substitute considered: 2025-04-14 (left pending)
  • Electronically reproduced / reintroduced: 2025-09-24; referred to Committee on Regulatory Reform

Potential implications / notes

  • The measurement‑of‑uncertainty approach to the 0.3% delta‑9‑THC threshold may reduce inadvertent noncompliance for growers because lab variability is explicitly considered.
  • Requiring DEA‑registered labs for regulatory and compliance monitoring testing could limit the pool of acceptable testing providers and affect testing costs and capacity.
  • Cross‑references to the Industrial Hemp Research and Development Act and to medical marihuana processor licensing clarify lawful marketing channels for harvested hemp.
  • The bill text provided is truncated; additional substantive changes may appear in the full text of amended sections 211, 303, and 307 and in referenced sections (e.g., 401, 403, 407).

If you want, I can extract and summarize the full changes to sections 211, 303, and 307 once the complete bill text is available.

Compiled from official sources — confirm details with the bill’s official record.

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