Recreational Marijuana is Soon Legal in Michigan

While Recreational Marihuana is still illegal under Federal Law it will be legal under Michigan Law.  On Tuesday, November 6, 2018, Michigan Voters passed Proposal 1 – The Michigan Regulation and Taxation of Marihuana Act, authored by the Coalition to Regulate Marijuana Like Alcohol. The Proposal overwhelmingly passed with a margin of 55.9% to 41.1%.

Highlights of the Marihuana Act:

The Act has several Legal Definitions.  In its simplest form, items within the Michigan Regulation and Taxation of Marihuana Act are very similar to Michigan’s current Alcohol laws. For Example:

  • Consumers must me 21
  • Consumers can’t smoke it in their vehicle
  • Sellers must have a license
  • Municipalities regulate the number and type of licenses

Marijuana and Child Safety

Child Safety

  • Businesses cannot produce or sell marijuana-infused candy in shapes or packages that are attractive to children
  • Marihuana must be sold and transported in an opaque, resealable, child-resistant container

Marihuana Consumers Can:

  • Possess, purchase, transport, or process 2.5 ounces or less of marihuana
  • Within the person’s residence, they can possess, store, and process not more than 10 ounces of marihuana and cultivate under 13 marihuana plants for personal use
  • Give away without remuneration up to 2.5 ounces of marihuana

Michigan Marijuana Consumers

Marihuana Consumers Cannot:

  • Transfer marihuana or marihuana accessories to a person under the age of 21
  • Consume marihuana in a public place
  • Cultivate marihuana plants if the plants are visible from a public place
  • Smoke marihuana within the passenger area of a vehicle
    Possess or consume marihuana on the grounds of a public or private school where children attend classes
  • Possess more than 2.5 ounces of marihuana in their home unless the excess marihuana is stored in a container or area equipped with locks

Employers

The Act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy

Municipalities

A municipality may completely prohibit or limit the number of marihuana establishments within its boundaries.  License and Permits Available:

  • Marihuana retailer
  • Marihuana safety compliance facility
  • Marihuana secure transporter
    Marihuana processor
  • Marihuana microbusiness
  • Class A marihuana grower; authorizing cultivation of not more than 100 marihuana plants
  • Class B marihuana grower; authorizing cultivation of not more than 500 marihuana plants
  • Class C marihuana grower; authorizing cultivation of not more than 2,000 marihuana plants.

Marijuana Grow Business

Marihuana Business Location

  • The property where the proposed marihuana establishment is located is not within an area zoned the residential use and is not within 1,000 feet of a pre-existing public or private school providing education in grades 1 through 12
  • Marihuana or marihuana accessories must not be visible from a public place outside of the marihuana establishment
  • Marihuana growers, marihuana processors, or marihuana retailers cannot operate in the same single facility

Ownership

  • Business owners cannot have an ownership interest in both a marihuana safety compliance facility or in a marihuana secure transporter and in a marihuana grower, a marihuana processor, a marihuana retailer, or a marihuana microbusiness
  • Business owners cannot have an ownership interest in more than 5 marihuana grower businesses or in more than 1 marihuana microbusiness

Revenue Distribution

Implementation, administration, and enforcement cost will be paid first.
Until 2022 or for at least two years, provides $20 million annually to one or more clinical trials. The remaining revenue will be distributed as follows:
Marijuana Clinical Study

  • 15% to municipalities in which a marihuana retail store or a marihuana microbusiness is located
  • 15% to counties in which a marihuana retail store or a marihuana microbusiness is located
  • 35% to the school aid fund to be used for K-12 education; and
  • 35% to the Michigan transportation fund to be used for the repair and maintenance of roads and bridges.

For more information Download The Michigan Regulation and Taxation of Marihuana Act.