Legislative Analysis
Phone: (517) 373-8080
PROHIBIT VITAMIN E ACETATE AND CERTAIN OTHER
http://www.house.mi.gov/hfa
INGREDIENTS IN MARIJUANA AND VAPING PRODUCTS
Analysis available at
House Bill 4249 (H-1) as reported from committee http://www.legislature.mi.gov
House Bill 4250 (H-1) as reported from committee
Sponsor: Rep. Abdullah Hammoud
House Bill 4251 (H-4) as reported from committee
Sponsor: Rep. Joseph N. Bellino, Jr.
1st Committee: Regulatory Reform
2nd Committee: Rules and Competitiveness
Complete to 5-31-21
BRIEF SUMMARY: The bills would respectively amend the Medical Marihuana Facilities Licensing
Act, amend the Michigan Regulation and Taxation of Marihuana Act, and create a new act, to
prohibit the sale of marijuana products, vapor products, or liquid nicotine products that contain
vitamin E acetate or other prohibited ingredients and to establish a criminal fine for a violation.
House Bill 4250 would also lower, from 21 to 18 years of age, the minimum age for employees
or volunteers of a (recreational) marijuana establishment.
FISCAL IMPACT: The bills would have an indeterminate fiscal impact on state and local units of
government. (See Fiscal Information, below, for a detailed discussion.)
THE APPARENT PROBLEM:
Vitamin E acetate was linked by the federal Centers for Disease Control and Prevention (CDC)
to an outbreak of vaping-related illnesses across the country that had affected over 2,600 people
by late 2019.1 As of January 23, 2020, the Michigan Department of Health and Human Services
had identified 69 confirmed or probable Michigan cases of severe lung disease associated with
vaping, including three deaths. Although not an approved additive, vitamin E acetate is used
by some to dilute vaping products. It has most commonly been used in vaping products that
contain THC (tetrahydrocannabinol, the active chemical in marijuana), where it increases the
volume of the THC concentrate extracted from marijuana, but it has also been found in some
liquid nicotine products. While vitamin E acetate can usually be safely ingested or applied
topically, as when used in products such as nutritional supplements or skin creams, it can be
dangerous when heated and inhaled into the lungs. In November 2019, emergency rules issued
by the Marijuana Regulatory Agency banned the use of vitamin E acetate in marijuana vaping
products in Michigan, and tens of thousands of products containing vitamin E acetate were
recalled or pulled from shelves in stores and dispensaries. 2 Legislation has been offered to
prohibit selling certain products intended to be inhaled that contain vitamin E acetate and any
substances used as diluents (diluting agents) that have not been approved by the Federal Drug
Administration (FDA).
1
https://www.cdc.gov/tobacco/basic_information/e-cigarettes/severe-lung-disease.html
2
https://www.michigan.gov/lara/0,4601,7-154-11472-513083--,00.html
House Fiscal Agency Page 1 of 5
THE CONTENT OF THE BILLS:
House Bill 4249 would amend the Medical Marihuana Facilities Licensing Act, which
regulates medical marijuana, to prohibit a licensed marijuana processor from processing
marijuana intended for inhalation, or a marijuana-infused product intended for inhalation, that
contains or has been combined with vitamin E acetate. Similarly, a licensed provisioning center
could not sell marijuana intended for inhalation, or a marijuana-infused product intended for
inhalation, that contains or has been combined with any of the following:
• Vitamin E acetate.
• Any other ingredient, unless either of the following applies:
o The ingredient is a botanically derived terpene that is chemically identical to a
terpene derived from the plant Cannabis sativa L. (Generally speaking, a terpene
is a compound found in many plants that can be used to add a flavor or scent to a
product, such as citrus. Terpenes also can be chemically synthesized.)
o Both of the following conditions are met:
 The ingredient is approved by the FDA for inhalation.
 The concentration of the ingredient in the marijuana or marijuana-infused
product does not exceed the maximum concentration approved by the FDA.
A processor or provisioning center that violated the prohibition would be guilty of a
misdemeanor punishable by a fine of up to $10,000.
MCL 333.27502 et seq.
House Bill 4250 would amend the Michigan Regulation and Taxation of Marihuana Act,
which regulates recreational marijuana, to prohibit a marijuana establishment from allowing a
person who is younger than 18 years of age to volunteer or work for the establishment.
Currently, a marijuana establishment cannot allow a person younger than 21 years of age to
work or volunteer in the establishment. (Under the act, a person must be at least 21 to purchase
marijuana from a provisioning center or possess marijuana.)
The bill also would prohibit a marijuana processor from processing, and a marijuana retailer
from selling, marijuana intended for inhalation or a marijuana-infused product intended for
inhalation if the marijuana or marijuana-infused product contains or has been combined with
any of the following:
• Vitamin E acetate.
• Any other ingredient, unless either of the following applies:
o The ingredient is a botanically derived terpene that is chemically identical to a
terpene derived from the plant Cannabis sativa L.
o Both of the following conditions are met:
 The ingredient is approved by the FDA for inhalation.
 The concentration of the ingredient in the marijuana or marijuana-infused
product does not exceed the maximum concentration approved by the FDA.
A violation involving a prohibited ingredient would be a misdemeanor punishable by a fine of
up to $10,000.
MCL 333.27953 et seq.
House Fiscal Agency HBs 4249 (H-1), 4250 (H-1), and 4251 (H-4) as reported Page 2 of 5
 House Bill 4251 would create a new act to prohibit the sale of a vapor product that contains
or has been combined with any of the following:
• Vitamin E acetate.
• Any other ingredient that the FDA has prohibited for inhalation at the concentration
present in the liquid nicotine.
Vapor product would mean a noncombustible product that employs a heating element,
power source, electronic circuit, or other electronic, chemical, or mechanical means,
regardless of shape or size, that can be used to produce vapor from liquid nicotine, and
the use or inhalation of which simulates smoking. The term would include an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or
device and a vapor cartridge or other container of liquid nicotine in a solution or other
form that is intended to be used with or in an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device. The term would not
include a product regulated as a drug or device by the FDA.
Liquid nicotine would mean a liquid containing nicotine in any concentration that is
sold, marketed, or intended for use in a vapor product.
A violation would be a misdemeanor punishable by a fine of up to $10,000.
The bill is tie-barred to House Bill 4878, which means that it cannot take effect unless HB 4878
is also enacted. House Bill 4878 would amend the Youth Tobacco Act to change the definition
of “minor” for its purposes to mean an individual under the age of 21. The act now defines
“minor” as an individual under 18. In general terms, the Youth Tobacco Act prohibits selling
or providing tobacco products, vapor products, or alternative nicotine products to minors and
also prohibits minors from purchasing, possessing, or using those products. The bill would also
add synthetic nicotine products to the products addressed by that act.
BACKGROUND INFORMATION:
The bills are reintroductions of HBs 5159, 5160, and 5161 of the 2019-20 legislative session.
Those bills, which pertained only to prohibiting products containing vitamin E acetate, were
passed by the House of Representatives.
FISCAL INFORMATION:
House Bill 4249 would have an indeterminate fiscal impact on the state and on local units of
government. Under the bill, a processor that processes or a provisioning center that sells
marijuana or a marijuana-infused product intended for inhalation that contains or has been
combined with vitamin E acetate, or other ingredients specified in the bill, would be guilty of
a misdemeanor punishable by a fine of up to $10,000. Under section 602 of the Medical
Marihuana Facilities Licensing Act, all revenue from fines imposed under the act is required
to be deposited into the Medical Marihuana Excise Fund. Because there is no practical way to
determine the number of violations that will occur under provisions of the bill, an estimate of
the amount of additional revenue the state would collect cannot be made. The fiscal impact to
local units would depend on how provisions of the bill affected court caseloads and the related
administrative costs.
House Fiscal Agency HBs 4249 (H-1), 4250 (H-1), and 4251 (H-4) as reported Page 3 of 5
 House Bill 4250 would have an indeterminate fiscal impact on the state and on local units of
government. Under the bill, a marijuana processor or marijuana retailer that processes or sells
marijuana or a marijuana-infused product intended for inhalation that contains or has been
combined with vitamin E acetate, or other ingredients specified in the bill, would be guilty of
a misdemeanor punishable by a fine of up to $10,000. Under section 7 of the Michigan
Regulation and Taxation of Marihuana Act, all revenue from fines imposed under the act is
required to be deposited into the general fund. Because there is no practical way to determine
the number of violations that will occur under provisions of the bill, an estimate of the amount
of additional revenue the state would collect cannot be made. The fiscal impact to local units
would depend on how provisions of the bill affected court caseloads and the related
administrative costs.
House Bill 4251 would have an indeterminate fiscal impact on local units of government.
Under the bill, an individual that sells a vapor product that contains or has been combined with
vitamin E acetate or other ingredients that the FDA has prohibited at the concentration present
in the liquid nicotine would be guilty of a misdemeanor punishable by a fine of up to
$10,000. The bill does not specify where the fine revenue would be deposited, so it is assumed
the fine revenue would increase funding for public and county law libraries, which are the
constitutionally designated recipients of penal fine revenues. Because there is no practical way
to determine the number of violations that will occur under provisions of the bill, an estimate
of the amount of additional revenue the libraries would collect cannot be made. The fiscal
impact to local units would depend on how provisions of the bill affected court caseloads and
the related administrative costs.
ARGUMENTS:
For:
Nationally, thousands have suffered lung injuries and at least 60 people have died from vaping-
related incidents. At least three deaths were in Michigan. Two of the vaping-related cases, one
in Michigan that involved a high school student, resulted in double-lung transplants. Although
no single substance has been identified as causing the injuries, half of the samples tested by the
FDA contained THC, the active ingredient in marijuana, and half of those were found to
contain vitamin E acetate. This provides clear evidence that the addition of vitamin E acetate
to vaping products, whether nicotine alone or products containing marijuana, poses a serious
public health risk.
The bills would address the issue by prohibiting sales of vaping products containing vitamin E
acetate and unapproved additives and would apply the ban, and resulting criminal fine, to both
nicotine-only products and to marijuana or marijuana-infused products that are intended to be
inhaled. The bills would not ban certain flavors, just additives that may pose a risk to the health
and safety of those using vape products. Certain natural compounds could be used if approved
by the FDA. (Currently, in an effort to curb e-cigarette use by minors, the FDA bans flavors
other than menthol and tobacco from e-cigarettes and vaping products but does allow vape
shops to sell flavors in tank-based systems that allow consumers to mix their own flavors.)
If enacted, the prohibition would protect the public, as labels on products do not necessarily
identify additives such as vitamin E acetate and not all consumers may be aware of the dangers
of inhaling substances used as additives. Under the bills, anyone selling marijuana or nicotine
House Fiscal Agency HBs 4249 (H-1), 4250 (H-1), and 4251 (H-4) as reported Page 4 of 5
 in inhalable products containing vitamin E acetate or other substances not approved by the
FDA, whether in licensed facilities or on the street, could be prosecuted.
Response:
House Bill 4250, as reported from committee, would lower the age of employees or volunteers
in a recreational marijuana facility from 21 to 18. Since the law legalizing recreational
marijuana prohibits those younger than 21 from buying or possessing marijuana, and early use
of marijuana may have long-term cognitive impacts on the developing brain of adolescents,
some may feel it prudent to retain the requirement that only those legally of age to purchase
and possess recreational marijuana should be allowed to be employed by, or volunteer at,
recreational marijuana establishments. 3
For:
A similar package of bills last session pertained only to prohibiting products containing vitamin
E acetate and did not address other substances. Some argued then that those bills did not go far
enough, as other substances that are or may prove to be harmful when inhaled are already being
used as diluents (that is, fillers or cutting agents) or flavoring agents. For example, the FDA
found that 24% of the products that contained THC also contained another diluent such as
medium chain triglycerides. Some of the affected patients had used products containing
polyethylene glycol as a diluent. It would therefore be reasonable to ban, in addition to vitamin
E acetate, any additive as a diluent or flavoring agent that has not been approved by the FDA
as safe to use in that manner, as the committee-reported versions of these bills would do.
POSITIONS:
The following entities indicated support for the bills:
• Michigan Cannabis Industry Association (5-6-21)
• RevSix Data Systems (3-16-21)
• Great Lakes Cannabis Chamber of Commerce (5-6-21)
A representative of Wild Bill’s Tobacco testified in support of House Bill 4251. (5-13-21)
Legislative Analyst: Susan Stutzky
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
3
https://www.drugabuse.gov/publications/research-reports/marijuana/what-are-marijuanas-long-term-effects-brain
House Fiscal Agency HBs 4249 (H-1), 4250 (H-1), and 4251 (H-4) as reported Page 5 of 5