On Dec. 20, recent changes to Michigan鈥檚 medicinal cannabis laws will take effect. Passed this fall, House Bills 4209, 4827 and 4210 (now, Public Acts 281-283 of 2016) clarify the voter-approved use of cannabis for medicinal purposes. (While the Legislature uses the term 鈥渕arijuana,鈥� the industry prefers the term 鈥渃annabis鈥�). Further, the new legal regime requires the development of regulations governing growing, possessing, transporting, dispensing and safety compliance for medicinal cannabis operations. Future regulations in Michigan include requirements for the disposal of waste from cannabis operations.
Depending on the particular operation, cannabis operations implicate environmental issues, including worker safety, air emissions, composting, wastewater disposal, hazardous and solid waste disposal and even climate change. The focus of this blog entry is disposal of wastes from cannabis operations.
Cannabis remains a Schedule I Controlled Substance pursuant to the federal Controlled Substances Act and waste byproducts may still contain regulated substances. Cannabis operations will likely not be able to dispose of its waste byproducts like any other type of common commercial or industrial waste. If tossed out like regular garbage, it can be subject to search and seizure without a warrant and can even poison stray animals. Some operations use hazardous chemicals to extract cannabis oil from plants, which cannot simply be flushed down the drain.
So, what will Michigan鈥檚 regulatory regime look like when it comes to disposal of cannabis operations鈥� wastes? Medicinal cannabis is decriminalized in some form in 28 states. Future regulations in Michigan will likely borrow heavily from other jurisdictions that have experience in dealing with cannabis operations, whether medicinal or recreational.
For example, the state of Washington regulates the disposal of plant wastes from cannabis operations. Operators must determine if their wastes, including solid plant waste, waste solvents, discarded plant wastes and solvents, and extracts that fail quality testing meet the definition of 鈥渄angerous wastes.鈥� The state identifies what specific solvents a processer can use. Under Washington law, in addition to waste contaminated by hazardous substances, wastes containing in excess of 10 percent of tetrahydrocannabinol or THC (i.e., the primary psychoactive constituent of cannabis) are considered a 鈥渟tate-only鈥� dangerous wastes. Wastes that are not 鈥渄angerous鈥� must be rendered unusable, using a variety of techniques, like grinding and incorporating it into other waste materials. The operation must also provide 72-hour notice prior to disposal at a permitted solid waste facility to the Washington State Liquor and Cannabis Board (WSLCB).
Colorado requirements are similar in that they treat wastes from cannabis operations that contain hazardous substances used during processing as typical hazardous waste. With respect to nonhazardous wastes, Colorado requires processors to render waste products 鈥渦nusable and unrecognizable鈥� by grinding it and incorporating it into other noncannabis related wastes so the mixture is no more than 50 percent cannabis waste. This waste product can then be disposed of in a secured receptacle for disposal at a solid waste site or deposited at a compost facility. The operator must also track the waste, by weighing it and keeping records of the disposition of all cannabis related product not only from 鈥渟eed to sale,鈥� but from seed to disposal.
Michigan鈥檚 medicinal cannabis statute provides some measure of local control over operations. Local governments in other jurisdictions have exerted some control over operations, including disposal and storage of wastes. For example, Las Vegas passed an ordinance to regulate cannabis operations within its jurisdictional boundaries that include disposal requirements. Michigan municipalities may follow suit.
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