Summary — HB 5041 (2025)
Status & procedural history
- Filed: March 13, 2025. Read first time: April 3, 2025; initially referred to the House Homeland Security, Public Safety & Veterans' Affairs Committee.
- Electronically reproduced and (re)introduced: September 24, 2025 by Rep. William Bruck (and co-sponsors); read first time and referred to the Committee on Regulatory Reform.
- Tie-bar: HB 5040'25. Companion Senate bill: SB 1900.
- This bill would amend the Medical Marihuana Facilities Licensing Act (2016 PA 281; MCL 333.27102 et seq.), changing the act title and amending sections 102, 206, 502, and 505.
Main purpose
- To amend the Medical Marihuana Facilities Licensing Act to (1) create explicit cross‑references to the Industrial Hemp Research and Development Act (2014 PA 547), (2) clarify that "marihuana plant" excludes industrial hemp, and (3) allow certain licensed medical marihuana facilities (growers, processors, provisioning centers, secure transporters, and safety compliance facilities) to process, test, or sell industrial hemp consistent with state hemp law.
Key provisions and changes
- Definitions (sec. 102): adds or revises definitions including “industrial hemp” (referencing MRTA sec. 3 / MCL 333.27953), “industrial hemp research and development act” (2014 PA 547), and clarifies that “marihuana plant” does not include industrial hemp. Also revises agency/board terminology (e.g., “advisory panel” / “board” / “marijuana cannabis regulatory agency”).
- Licensing and permitted activities (secs. 206, 502, 505): authorizes certain medical marihuana licensees to engage in activities involving industrial hemp — e.g., processing, testing, or selling — subject to compliance with the Industrial Hemp Research and Development Act and other applicable law. (Text references amendments to statutory cross‑references and scope of authorized operations; affected sections were previously amended by 2018 PA 648, 2020 PA 207, and 2021 PA 57.)
- Agency interaction and oversight: reinforces linkage between the medical marihuana licensing framework and the statewide monitoring system and regulatory agency structures used for cannabis/hemp oversight; contemplates rulemaking and agency approvals where needed.
Who is affected
- Medical marihuana licensees (growers, processors, provisioning centers, secure transporters, safety compliance facilities) seeking to handle industrial hemp.
- Industrial hemp growers, processors, testing labs and distributors who may gain additional market access via medically licensed facilities.
- State agencies (Department of Licensing & Regulatory Affairs, marijuana/cannabis regulatory agency) responsible for licensing, monitoring, and rulemaking.
- Municipalities and local zoning authorities (implementation may require clarifying interplay with local ordinances).
Potential impacts and considerations
- Market: may expand commercial opportunities by allowing medical marihuana facilities to legally process, test, or sell industrial hemp products, subject to hemp law limits (e.g., THC thresholds).
- Regulatory alignment: requires agency rulemaking and updates to tracking/monitoring systems to ensure separation/traceability between regulated medical marihuana and industrial hemp products.
- Legal clarity: explicitly excludes industrial hemp from the definition of “marihuana plant,” reducing ambiguity between hemp and medical marihuana in the medical licensing statute.
- Public health & enforcement: continued requirement that activities comply with both the medical marihuana licensing act and the Industrial Hemp Research and Development Act; immunity and enforcement provisions for compliant activity in existing law would continue to apply where appropriate.
Next steps
- Committee hearings and possible amendments in the Committee on Regulatory Reform (current referral). If advanced, the bill would proceed through the normal legislative process (floor votes in both chambers and governor’s signature) and likely prompt subsequent administrative rulemaking to operationalize hemp-related activities within the medical marihuana licensing framework.
