Gifting under the Michigan Regulation and Taxation of Marihuana Act

It did not take long for a young entrepreneur to take advantage of the gifting clause in the Michigan Regulation and Taxation of Marihuana Act.


ACT Snippet

“Sec. 5. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege: ……(d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.”

Expensive T-shirts = Free Marijuana

Just like ticket scalpers who sell a bic pen for $300 and throw in 2 tickets to the game for free, this young college student is selling cheap t-shirts at exorbitant prices and trowing in marijuana or marijuana vape as a gift.

Each product details page states “This Product is Eligible for A Free Gift!” Within the product description area, the consumer sees the details of the “Free Gift”, for example: “Free Gift: Gift Varies with T-Shirt size from 1/4, 1/2, 1 Oz”.

Our Opinion

While we must give Kudos to the young man for his business acumen, Cannabis Property Brokers of Michigan cannot agree with operating within a grey area of the law.  While the Act does allow gifting of Marijuana, buying a useless product to receive a gift of marijuana goes against the spirit of the law and will certainly have the naysayers up in arms.  Many business owners are meticulously going through the proper steps to set-up a legitimate Marijuana business, while this can be costly, it is the process that Michigan Voters approved.

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