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  1. An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. The people of the State of Michigan enact: Sec. 1. This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act . Sec. 2. The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older, to make industrial hemp legal under state and local law, and to control the commercial production and distribution of marihuana under a system that licenses, regulates, and taxes the businesses involved. The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older; remove the commercial production and distribution of marihuana from the illicit market; prevent revenue generated from commerce in marihuana from going to criminal enterprises or gangs; prevent the distribution of marihuana to persons under 21 years of age; prevent the diversion of marihuana to illicit markets; ensure the safety of marihuana and marihuana-infused products; and ensure security of marihuana establishments. To the fullest extent possible, this act shall be interpreted in accordance with the purpose and intent set forth in this section. Sec. 3. As used in this act: (a) “Cultivate” means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means. (b) “Department” means the department of licensing and regulatory affairs. (c) “Industrial hemp” means a plant of the genus cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content. (d) “Licensee” means a person holding a state license. (e) “Marihuana” means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include: (1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination; (2) industrial hemp; or (3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products. (f) “Marihuana accessories” means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body. (g) “Marihuana concentrate” means the resin extracted from any part of the plant of the genus cannabis. (h) “Marihuana establishment” means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department. (i) “Marihuana grower” means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments. (j) “Marihuana-infused product” means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption. (k) “Marihuana microbusiness” means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments. (l) “Marihuana processor” means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments. (m) “Marihuana retailer” means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older. (n) “Marihuana secure transporter” means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments. (o) “Marihuana safety compliance facility” means a person licensed to test marihuana, including certification for potency and the presence of contaminants. (p) “Municipal license” means a license issued by a municipality pursuant to section 16 of this act that allows a person to operate a marihuana establishment in that municipality. (q) “Municipality” means a city, village, or township. (r) “Person” means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity. (s) “Process” or “Processing” means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products. (t) “State license” means a license issued by the department that allows a person to operate a marihuana establishment. (u) “Unreasonably impracticable” means that the measures necessary to comply with the rules or ordinances adopted pursuant to this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment. Sec. 4. 1. This act does not authorize: (a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana; (b) transfer of marihuana or marihuana accessories to a person under the age of 21; (c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana; (d) separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure; (e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age; (f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area; (g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way; (h) possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or (i) Possessing more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area. 2. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use. 3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer’s property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person’s violation of a workplace drug policy or because that person was working while under the influence of marihuana. 4. This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking. 5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act. 2 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: (a) except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate; (b) within the person’s residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once; (c) assisting another person who is 21 years of age or older in any of the acts described in this section; and (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. 2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person 21 years of age or older and the distribution or sale of marihuana accessories to a person 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege. 3. A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. Sec. 6. 1. Except as provided in section 4, a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries. Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. 2. A municipality may adopt other ordinances that are not unreasonably impracticable and do not conflict with this act or with any rule promulgated pursuant to this act and that: (a) establish reasonable restrictions on public signs related to marihuana establishments; (b) regulate the time, place, and manner of operation of marihuana establishments and of the production, manufacture, sale, or display of marihuana accessories; (c) authorize the sale of marihuana for consumption in designated areas that are not accessible to persons under 21 years of age, or at special events in limited areas and for a limited time; and (d) designate a violation of the ordinance and provide for a penalty for that violation by a marihuana establishment, provided that such violation is a civil infraction and such penalty is a civil fine of not more than $500. 3. A municipality may adopt an ordinance requiring a marihuana establishment with a physical location within the municipality to obtain a municipal license, but may not impose qualifications for licensure that conflict with this act or rules promulgated by the department. 4. A municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality. 5. A municipality may not adopt an ordinance that restricts the transportation of marihuana through the municipality or prohibits a marihuana grower, a marihuana processor, and a marihuana retailer from operating within a single facility or from operating at a location shared with a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801. Sec. 7. 1. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. The department shall employ personnel and may contract with advisors and consultants as necessary to adequately perform its duties. No person who is pecuniarily interested, directly or indirectly, in any marihuana establishment may be an employee, advisor, or consultant involved in the implementation, administration, or enforcement of this act. An employee, advisor, or consultant of the department may not be personally liable for any action at law for damages sustained by a person because of an action performed or done in the performance of their duties in the implementation, administration, or enforcement of this act. The department of state police shall cooperate and assist the department in conducting background investigations of applicants. Responsibilities of the department include: (a) promulgating rules pursuant to section 8 of this act that are necessary to implement, administer, and enforce this act; (b) granting or denying each application for licensure and investigating each applicant to determine eligibility for licensure, including conducting a background investigation on each person holding an ownership interest in the applicant; (c) ensuring compliance with this act and the rules promulgated thereunder by marihuana establishments by performing investigations of compliance and regular inspections of marihuana establishments and by taking appropriate disciplinary action against a licensee, including prescribing civil fines for violations of this act or rules and suspending, restricting, or revoking a state license; (d) holding at least 4 public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to administration of this act; (e) collecting fees for licensure and fines for violations of this act or rules promulgated thereunder, depositing all fees collected in the marihuana regulation fund established by section 14 of this act, and remitting all fines collected to be deposited in the general fund; and (f) submitting an annual report to the governor covering the previous year, which report shall include the number of state licenses of each class issued, demographic information on licensees, a description of enforcement and disciplinary actions taken against licensees, and a statement of revenues and expenses of the department related to the implementation, administration, and enforcement of this act. Sec. 8. 1. The department shall promulgate rules to implement and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, including: (a) procedures for issuing a state license pursuant to section 9 of this act and for renewing, suspending, and revoking a state license; (b) a schedule of fees in amounts not more than necessary to pay for implementation, administration, and enforcement costs of this act and that relate to the size of each licensee or the volume of business conducted by the licensee; (c) qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment, provided that a prior conviction solely for a marihuana-related offense does not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor; (d) requirements and standards for safe cultivation, processing, and distribution of marihuana by marihuana establishments, including health standards to ensure the safe preparation of marihuana-infused products and prohibitions on pesticides that are not safe for use on marihuana; (e) testing, packaging, and labeling standards, procedures, and requirements for marihuana, including a maximum tetrahydrocannabinol level for marihuana-infused products, a requirement that a representative sample of marihuana be tested by a marihuana safety compliance facility, and a requirement that the amount of marihuana or marihuana concentrate contained within a marihuana-infused product be specified on the product label; (f) security requirements, including lighting, physical security, and alarm requirements, and requirements for securely transporting marihuana between marihuana establishments, provided that such requirements do not prohibit cultivation of marihuana outdoors or in greenhouses; (g) record keeping requirements for marihuana establishments and monitoring requirements to track the transfer of marihuana by licensees; (h) requirements for the operation of marihuana secure transporters to ensure that all marihuana establishments are properly serviced; (i) reasonable restrictions on advertising, marketing, and display of marihuana and marihuana establishments; (j) a plan to promote and encourage participation in the marihuana industry by people from communities that have been disproportionately impacted by marihuana prohibition and enforcement and to positively impact those communities; and (k) penalties for failure to comply with any rule promulgated pursuant to this section or for any violation of this act by a licensee, including civil fines and suspension, revocation, or restriction of a state license. 2. In furtherance of the intent of this act, the department may promulgate rules to: (a) provide for the issuance of additional types or classes of state licenses to operate marihuana-related businesses, including licenses that authorize only limited cultivation, processing, transportation, delivery, storage, sale, or purchase of marihuana, licenses that authorize the consumption of marihuana within designated areas, licenses that authorize the consumption of marihuana at special events in limited areas and for a limited time, licenses that authorize cultivation for purposes of propagation, and licenses intended to facilitate scientific research or education; or (b) regulate the cultivation, processing, distribution, and sale of industrial hemp. 3. The department may not promulgate a rule that: (a) establishes a limit on the number of any type of state licenses that may be granted; (b) requires a customer to provide a marihuana retailer with identifying information other than identification to determine the customer’s age or requires the marihuana retailer to acquire or record personal information about customers other than information typically required in a retail transaction; 3 (c) prohibits a marihuana establishment from operating at a shared location of a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower, marihuana processor, or marihuana retailer from operating within a single facility; or (d) is unreasonably impracticable. Sec. 9. 1. Each application for a state license must be submitted to the department. Upon receipt of a complete application and application fee, the department shall forward a copy of the application to the municipality in which the marihuana establishment is to be located, determine whether the applicant and the premises qualify for the state license and comply with this act, and issue the appropriate state license or send the applicant a notice of rejection setting forth specific reasons why the department did not approve the state license application within 90 days. 2. The department shall issue the following state license types: 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. 3. Except as otherwise provided in this section, the department shall approve a state license application and issue a state license if: (a) the applicant has submitted an application in compliance with the rules promulgated by the department, is in compliance with this act and the rules, and has paid the required fee; (b) the municipality in which the proposed marihuana establishment will be located does not notify the department that the proposed marihuana establishment is not in compliance with an ordinance consistent with section 6 of this act and in effect at the time of application; (c) the property where the proposed marihuana establishment is to be located is not within an area zoned exclusively for residential use and is not within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12, unless a municipality adopts an ordinance that reduces this distance requirement; (d) no person who holds an ownership interest in the marihuana establishment applicant: (1) will hold 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; (2) will hold an ownership interest in both a marihuana microbusiness and in a marihuana grower, a marihuana processor, a marihuana retailer, a marihuana safety compliance facility, or a marihuana secure transporter; and (3) will hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness, except that the department may approve a license application from a person who holds an ownership interest in more than 5 marihuana growers or more than 1 marihuana microbusiness if, after January 1, 2023, the department promulgates a rule authorizing an individual to hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness. 4. If a municipality limits the number of marihuana establishments that may be licensed in the municipality pursuant to section 6 of this act and that limit prevents the department from issuing a state license to all applicants who meet the requirements of subsection 3 of this section, the municipality shall decide among competing applications by a competitive process intended to select applicants who are best suited to operate in compliance with this act within the municipality. 5. All state licenses are effective for 1 year, unless the department issues the state license for a longer term. A state license is renewed upon receipt of a complete renewal application and a renewal fee from any marihuana establishment in good standing. 6. The department shall begin accepting applications for marihuana establishments within 12 months after the effective date of this act. Except as otherwise provided in this section, for 24 months after the department begins to receive applications for marihuana establishments, the department may only accept applications for licensure: for a class A marihuana grower or for a marihuana microbusiness, from persons who are residents of Michigan; for a marihuana retailer, marihuana processor, class B marihuana grower, class C marihuana grower, or a marihuana secure transporter, from persons holding a state operating license pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801; and for a marihuana safety compliance facility, from any applicant. One year after the department begins to accept applications pursuant to this section, the department shall begin accepting applications from any applicant if the department determines that additional state licenses are necessary to minimize the illegal market for marihuana in this state, to efficiently meet the demand for marihuana, or to provide for reasonable access to marihuana in rural areas. 7. Information obtained from an applicant related to licensure under this act is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. Sec. 10. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act or the rules promulgated thereunder, the following acts 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 except as authorized by this act, and are not grounds to deny any other right or privilege: (a) a marihuana grower or an agent acting on behalf of a marihuana grower who is 21 years of age or older, cultivating not more than the number of marihuana plants authorized by the state license class; possessing, packaging, storing, or testing marihuana; acquiring marihuana seeds or seedlings from a person who is 21 years of age or older; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services; (b) a marihuana processor or agent acting on behalf of a marihuana processor who is 21 years of age or older, possessing, processing, packaging, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services; (c) a marihuana secure transporter or an agent acting on behalf of a marihuana secure transporter who is 21 years of age or older, possessing or storing marihuana; transporting marihuana to or from a marihuana establishment; or receiving compensation for services; (d) a marihuana safety compliance facility or an agent acting on behalf of a marihuana safety compliance facility who is 21 years of age or older, testing, possessing, repackaging, or storing marihuana; transferring, obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for services; (e) a marihuana retailer or an agent acting on behalf of a marihuana retailer who is 21 years of age or older, possessing, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; selling or otherwise transferring marihuana to a person 21 years of age or older; or receiving compensation for goods or services; or (f) a marihuana microbusiness or an agent acting on behalf of a marihuana microbusiness who is 21 years of age or older, cultivating not more than 150 marihuana plants; possessing, processing, packaging, storing, or testing marihuana from marihuana plants cultivated on the premises; selling or otherwise transferring marihuana cultivated or processed on the premises to a person 21 years of age or older; or receiving compensation for goods or services. (g) leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under this act; (h) enrolling or employing a person who engages in marihuana-related activities allowed under this act; (i) possessing, cultivating, processing, obtaining, transferring, or transporting industrial hemp; or (j) providing professional services to prospective or licensed marihuana establishments related to activity under this act. 2. A person acting as an agent of a marihuana retailer who sells or otherwise transfers marihuana or marihuana accessories to a person under 21 years of age is not subject to arrest, prosecution, forfeiture of property, disciplinary action by a professional licensing board, denial of any right or privilege, or penalty in any manner, if the person reasonably verified that the recipient appeared to be 21 years of age or older by means of government-issued photographic identification containing a date of birth, and the person complied with any rules promulgated pursuant to this act. 3. It is the public policy of this state that contracts related to the operation of marihuana establishments be enforceable. Sec. 11. (a) A marihuana establishment may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids . (b) A marihuana establishment may not cultivate, process, test, or store marihuana at any location other than a physical address approved by the department and within an enclosed area that is secured in a manner that prevents access by persons not permitted by the marihuana establishment to access the area. (c) A marihuana establishment shall secure every entrance to the establishment so that access to areas containing marihuana is restricted to employees and other persons permitted by the marihuana establishment to access the area and to agents of the department or state and local law enforcement officers and emergency personnel and shall secure its inventory and equipment during and after operating hours to deter and prevent theft of marihuana and marihuana accessories. (d) No marihuana establishment may refuse representatives of the department the right during the hours of operation to inspect the licensed premises or to audit the books and records of the marihuana establishment. (e) No marihuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment. (f) No marihuana establishment may sell or otherwise transfer marihuana that was not produced, distributed, and taxed in compliance with this act. (g) A marihuana grower, marihuana retailer, marihuana processor, marihuana microbusiness, or marihuana testing facility or agents acting on their behalf may not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at one time. (h) A marihuana secure transporter may not hold title to marihuana. (i) No marihuana processor may process and no marihuana retailer may sell edible marihuana-infused candy in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marihuana. 4 (j) No marihuana retailer may sell or otherwise transfer marihuana that is not contained in an opaque, resealable, child-resistant package designed to be significantly difficult for children under 5 years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995), unless the marihuana is transferred for consumption on the premises where sold. (k) No marihuana establishment may sell or otherwise transfer tobacco. Sec. 12. In computing net income for marihuana establishments, deductions from state taxes are allowed for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying out a trade or business. Sec. 13. 1. In addition to all other taxes, an excise tax is imposed on each marihuana retailer and on each marihuana microbusiness at the rate of 10% of the sales price for marihuana sold or otherwise transferred to anyone other than a marihuana establishment. 2. Except as otherwise provided by a rule promulgated by the department of treasury, a product subject to the tax imposed by this section may not be bundled in a single transaction with a product or service that is not subject to the tax imposed by this section. 3. The department of treasury shall administer the taxes imposed under this act and may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328 that prescribe a method and manner for payment of the tax to ensure proper tax collection under this act. Sec. 14. 1. The marihuana regulation fund is created in the state treasury. The department of treasury shall deposit all money collected under section 13 of this act and the department shall deposit all fees collected in the fund. The state treasurer shall direct the investment of the fund and shall credit the fund interest and earnings from fund investments. The department shall administer the fund for auditing purposes. Money in the fund shall not lapse to the general fund. 2. Funds for the initial activities of the department to implement this act shall be appropriated from the general fund. The department shall repay any amount appropriated under this subsection from proceeds in the fund. 3. The department shall expend money in the fund first for the implementation, administration, and enforcement of this act, and second, until 2022 or for at least two years, to provide $20 million annually to one or more clinical trials that are approved by the United States food and drug administration and sponsored by a non-profit organization or researcher within an academic institution researching the efficacy of marihuana in treating the medical conditions of United States armed services veterans and preventing veteran suicide. Upon appropriation, unexpended balances must be allocated as follows: (wink-wink) (a) 15% to municipalities in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the municipality; (b) 15% to counties in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the county; (c) 35% to the school aid fund to be used for K-12 education; and (d) 35% to the Michigan transportation fund to be used for the repair and maintenance of roads and bridges. Sec. 15. A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law: 1. Except for a person who engaged in conduct described in sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), a person who possesses not more than the amount of marihuana allowed by section 5, cultivates not more than the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than the amount of marihuana allowed by section 5, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana. 2. Except for a person who engaged in conduct described in section 4, a person who possesses not more than twice the amount of marihuana allowed by section 5, cultivates not more than twice the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice the amount of marihuana allowed by section 5: (a) for a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana; (b) for a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana; (c) for a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana. 3. Except for a person who engaged in conduct described by section 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants: (a) for a first violation, is responsible for a civil infraction and may be punished as follows: (1) if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or (2) if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana. (b) for a second violation, is responsible for a civil infraction and may be punished as follows: (1) if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling; or (2) if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana. 4. Except for a person who engaged in conduct described in section 4, a person who possesses more than twice the amount of marihuana allowed by section 5, cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by section 5, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence. Sec. 16. 1. If the department does not timely promulgate rules as required by section 8 of this act or accept or process applications in accordance with section 9 of this act, beginning one year after the effective date of this act, an applicant may submit an application for a marihuana establishment directly to the municipality where the marihuana establishment will be located. 2. If a marihuana establishment submits an application to a municipality under this section, the municipality shall issue a municipal license to the applicant within 90 days after receipt of the application unless the municipality finds and notifies the applicant that the applicant is not in compliance with an ordinance or rule adopted pursuant to this act. 3. If a municipality issues a municipal license pursuant to this section: (a) the municipality shall notify the department that the municipal license has been issued; (b) the municipal license has the same force and effect as a state license; and (c) the holder of the municipal license is not subject to regulation or enforcement by the department during the municipal license term. Sec. 17. This act shall be broadly construed to accomplish its intent as stated in section 2 of this act. Nothing in this act purports to supersede any applicable federal law, except where allowed by federal law. All provisions of this act are self-executing. Any section of this act that is found invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.
  2. PART 1 Video of the public meeting of the Review Panel on May 4, 2018 for new qualifying conditions for medical marijuana use (part 1) See Part 2
  3. WXYZ TV Published on Apr 24, 2018 Matthew Abel is hoping this week will mark history. He is part of a coalition of organizations that helped write the language for the proposed legislation the board of canvassers will consider on Thursday.
  4. While the experienced members in the Michigan Medical Marijuana Association already know the ins and outs of certifications, physician appointments and sending paperwork into the state, hopefully articles like this one help people who know nothing about medical marijuana. Although the article never answers the question in the headline, getting a Michigan medical marijuana card is very similar to getting a prescription from a doctor. Although there is an extra step required that is more like getting a professional medical license from the state. The process is fairly easy, although needlessly stressful and LARA likes to reject patients for not "dotting every i" in the application. Prescription holders do not have to jump through the same hoops as medical marijuana patients. It is an unfair system. https://www.lansingstatejournal.com/story/news/2018/04/23/how-hard-get-michigan-medical-marijuana-card/450779002/
  5. As this news hit in the last throes of 2017, it seems appropriate to take a step back and understand why exactly marijuana was banned all of those years ago. Please continue reading to find the answers on this long and weird journey through time. Elderly Couple Stopped In Nebraska With 60 Pounds Of Weed ‘For Christmas Presents’ With the help of the county’s canine unit, deputies searched the Toyota Tacoma. When they looked under the pickup topper, deputies found 60 pounds of marijuana, as well as multiple containers of concentrated THC. “They said the marijuana was for Christmas presents,” Lt. Paul Vrbka told the York News-Times. The department estimated the street value of the pot at over $300,000. The Jirons now face felony charges of possession of marijuana with the intent to deliver and no drug tax stamp. (Nebraska law requires marijuana dealers to purchase drug tax stamp from its Department of Revenue as evidence that the state’s drug tax has been paid.) For the friends and family in New England who expected a bag of weed in their stocking this year, it looks like it won’t be a green Christmas, after all. https://www.npr.org/sections/thetwo-way/2017/12/22/572844666/elderly-couple-stopped-in-nebraska-with-60-pounds-of-weed-for-christmas-presents Marijuana (also known as cannabis sativa or cannabis indica or hemp) has been a medicine for thousands of years. Marijuana is found in all recorded history, on every continent as a medicinal crop. Egypt to China to India to Assyria (Iraq) and Arabia. From the Greeks and Romans to present day. In the early USA, hemp was an integral part of life. George Washington grew hemp and many colonists grew hemp for cordage and canvas, including ropes and sails for ships. Newspapers in 1841 went into great detail on how to cultivate hemp, including separating the male plants from the female plants. Many papers also reported stories about having a laugh while smoking hemp, as is the case with this 1850 report from a Paris correspondent for the Medical Times. (click for a larger view) There are many examples in American newspapers including poems, insults, references and propaganda on the subject of hasheesh (the old timey spelling of hashish), marijuana, cannabis and hemp. Just look at this article from 1908, they found marihuana in this man’s pocket! 1906 – The Pure Food and Drugs Act Requires Labeling of ingredients of Medicine, Including Cannabis. Previous to the Pure Food and Drugs Act, many medicines were treated the way Coca-Cola is today. “A secret formula” or “A proprietary blend” of spices and medicines and even poisons including arsenic and strychnine. Writing cannabis on a label did not ban cannabis related medications. Many major pharmaceutical companies which are still around today, used to sell cannabis based medicines. Pharmacists used to make cannabis based compounds and elixirs and extracts and pills as well. Newspapers had been printing a lot of yellow journalism on the subject of marijuana over a number of years. Articles were passed around from newspaper to newspaper, with editors changing and inserting local opinion into the reprinted stories. Sample Articles from Chronicling America: These are only a handful of articles, more comprehensive research must be done. “Senseless Brutality. A Mexican Priest Flogs the Corpse of a Dead Wizard.,” The Memphis Appeal(Memphis, TN) , April 18, 1887, Page 1, Image 1, col. 6. “Victims of a Mexican Drug. From the Mexican Herald.,” The Sun (New York, NY), August 12, 1897, Page 6, Image 6, col. 5. The New York Sun relays a report from the Mexican Herald that “Marihuana, our local hasheesh, continues to impel people of the lower orders to wild and desperate deeds.” “Stronger Than Opium. Attempt to Smuggle Mariguana into Yuma Prison.,” Tombstone Prospector(Tombstone, AZ), September 15, 1897, Page 4, Image 4, col. 4. “Across the border. Mexican Herald.,” The Oasis (Arizola, AZ), July 15, 1899, Page 6, Image 6, col. 1. A report from the Mexican Herald of a scene in a civil registry office: “A marihuana fiend suddenly appeared in the office brandishing a knife, declared that he was Herod and his mission was the extermination of new-born infants.” “Across the border. Two Republics.,” The Oasis (Arizola, AZ), December 30, 1899, Page 10, Image 10, col. 1. “Dangerous Mexican Weed to Smoke,” Phipllipsburg Herald (Phillipsburg, KS), August 18, 1904, Page 8, Image 8, col. 3. “Teacher Starr of Chicago Man of Sensations,” San Francisco Call (San Francisco, CA), August 25, 1905, Page 8, Image 8, col. 2. “Stops Sale of Maddening Drug,” New-York Tribune (New York, NY), December 24, 1905, Page 3, Image 3, col. 4. “War on Marihuana Smoking. Mexican Government Wants to Exterminate a Weed That Crazes,” The Sun(NewYork, NY), May 26, 1907, Page 17, Image 17, col. 4. “Use for Deadly Weed. Mexican Marihuana Plant to be Grown in Texas for Drug Purposes.,” Florida Star(Titusville, FL), October 16, 1908, Page 3, Image 3, col. 4. The Florida Star reports that James Love, who operates an agricultural experimental station in Texas, has received permission from the state agricultural department to plant in Texas ten pounds of marihuana seed he has imported from Mexico. The article states Mr. Love’s belief is that the plant “can be put to good commercial use as a drug.” “Goats that Feed on Dope,” New-York Tribune (New York, NY), April 11, 1909, Page 55, Image 55, col. 5. A fanciful tale of an alleged Mexican goat-herder whose goats have become addicted to marihuana. “Yerbas Medicinales [Marihuana advertised for sale],” La Revista de Taos (Taos, NM), February 7, 1913, Page 4, Image 4, col. 7. “On Account of His Oriental Nature the Mexican’s Mind is a Puzzle to the Foreigner,” The Sun (New York, NY), May 17, 1914, Page 37, Image 37, col. 1. “Marihuana Sale Now Prohibited. Council Passes Emergency Ordinance to Stop Sale of Mexican Drug.,” El Paso Herald (El Paso, TX), June 3, 1915, Page 6, Image 6, col. 3. “New Anti-marijuana Ordinance Very Stringent,” El Paso Herald (El Paso, TX), June 7, 1915, Page 9, Image 9, col. 3. The El Paso Herald reports concern from local physicians and pharmacists over El Paso’s prospective anti-marihuana law. The Herald’s article states that “It is put up by the foremost drug manufacturers in the country and is frequently prescribed, as it is a sedative of value.” “Is the Mexican Nation ‘Locoed’ by a Peculiar Weed?,” The Ogden Standard (Ogden City, UT), September 25, 1915, Page 13, Image 13, col. 1. Mexican “bandits” are being emboldened to take on Uncle Sam by the intoxicating effects of marihuana. “Marihuana Smokers Shut Off from their ‘Makins’,” El Paso Herald (El Paso, TX), September 13, 1917, Page 6, Image 6, col. 3. “The One Wicked Drug the Lawmakers Forgot,” The Ogden Standard-Examiner (Ogden, UT), December 24, 1922, Page 24, Image 24, col. 1. The Mexican Revolution in 1910 caused many Mexicans to move to the USA. Racism and xenophobia increased in the bordering states. Residents and leaders wanted any and all excuses to jail and deport Mexicans. According to various timelines of the history of marijuana, the first anti-marijuana laws started in individual southern states bordering Mexico. Racism was used against marijuana during international treaties and drug control laws as well. Historians cannot find the reason why Canada banned cannabis in the 1920s, except for racism against the Chinese. Cannabis prohibition was based on and helped by alcohol prohibition. Alcohol prohibition, largely thought of as targeting alcohol itself, was chiefly about prohibiting saloons. The Saloons of the 1800s and 1900s also hosted gambling, dancing with women, vaudeville, musical shows and frequently employed saloon girls to entice and encourage alcohol consumption. “The Saloon Must Go” was the Anti Saloon League’s motto. “That prohibition of the sale of liquor would reduce the prevalence of commercialized prostitution is evident from the efforts which have been made to separate the sale of liquor from the prostitution in certain cities which tolerated vice or segregated districts.” says George J Kneeland (Social Hygiene ,Jan 1916.) Music, dancing, girls and musicians? Sounds very similar to the REEFER MADNESS propaganda against Jazz Clubs in the 1930s. From the Senate Hearing on Juvenile Delinquency and Marijuana Decriminalization, including 4 years of research during 1971-1975, no clues were found to explain why marijuana was banned. Why was marijuana banned? Racism against blacks, Mexicans and “undesirables” Harry J Anslinger was a racist and a liar. Marijuana continues to be banned because: Selective police action enforces racism Competition from pharmaceutical companies Nixon hated protesting hippies. Competition from the Alcohol industry Police and Prison guard unions want marijuana prisoners Uninformed do-gooders like MADD, who have not seen the statistics of lower alcohol driving deaths in states that have legalized marijuana. Evangelical Christians, Catholics and other religious groups. Jeff Sessions and Chris Christie.
  6. The State of Michigan is at a crossroads. We must either define ourselves as a State that places a profit motive on Justice, and prioritizes funding corrections and law enforcement with seizures and forfeitures above other means, or to instead boldly go forward on a new path. The new path that realizes the true potential of a well modeled medical marijuana industry and all the related industries, commercial interests, cottage-industries, and home based businesses it supports. And of course all the increased tax revenue such a boom in productivity would create. The benefits of the latter are so great, that I shall only be able to address a few of the most tangible reasons to move in that direction. Both the State, and the private citizen will benefit greatly if a model that is safe for the public can be settled on. The State of Michigan has already made several million dollars from registration fees alone, depending on how many people were discounted for having Medicare. And every year they renew at the same price, so this represents perpetual income the State of Michigan sorely needs. But that is just the tip of the iceberg of the true potential for tax revenues raised simply for allowing Americans to farm (a strange thing to even have to defend, isn’t it?). C.A. alone has a staff of 6 and 2 co-owners, and we have also paid over $7,000 to the State of Michigan for Sales Tax under a “flea market” filing. We also run a small home farm of our own. But the farmers that make C.A.’s unbeatable display of the best medical marijuana services possible all purchase goods from Home Depot, and hydroponic gardening centers, they buy soil and nutrients, and light fixtures. All of these are taxable items and raise revenue for all Michigan citizens, not just a few. And now that they can continue to farm and pay taxes without fear of seizure, they can settle and improve their homes. This means hiring out contractors like licensed electricians, and plumbers (I personally have receipts and estimates to prove this). Whereas when a profit motive is attached to justice, these same gardeners often feared investing in proper wiring, or even being present at the garden (which was often not their primary residence, who wants to lose that to seizure and be homeless?), increasing the chance of safety issues arising. Now that this is not the case, we will see a rise in property values in Michigan. It is also worthy to note that these are not all retail or commercial jobs. This is the engine of tangible industries and manufacturing jobs. For instance, were you aware that one of the major producers of safe nutrients for plant growth, and a national leader in that science and technology, is a Michigan company called General Hydroponics. And most halogen and other light lamps are produced right here in the USA, and their business is also booming. The same potential for increased productivity and jobs holds true for producers of glass and bulbs, cables, Mylar, and many other products. So we can continue to incarcerate non-violent people at the tax payer’s expense, and allow others to seize their primary residence, and all their assets, using laws that were meant to stop people like Al Capone from having 9 houses and a yacht. We can continue to ruin many lives in the process, and give many more people ‘unemployable’ records. Or we can get over the years of fear and mistrust, and move forward with what Michigan voters have already clearly decided they support, and do so in a way that benefits everybody, and keeps everybody safe. If a demons ratably workable model can be chosen or formed with help, we can move forward in a spirit of co-operation in light of the new law and it’s finding that Michigan’s ailing patients should have immediate and un-interrupted access to the medicine that most benefits their particular condition. We can help people while helping Michigan provide tangible jobs in manufacturing, retail, administrative services, data entry, logistics, and hopefully therefore keep more of our educated population here in the State. We can improve property values, and reduce crime, and raise needed tax revenue for the State of Michigan to spend anywhere it chooses, including law enforcement and public safety, education, and healthcare. That model is what Brandon and I have attempted to achieve safely and professionally from the outset of Proposal 1. Our Mission Statement is “To bring Proposal 1 2008 from a state of theory into a state of practice in such a way that it benefits not only patients and caregivers, but the entire state of Michigan as well.” We find better and better ways of doing this everyday at C.A., but we have also invited co-operation and assembly at every step of the way to discuss how best to do this while keeping everyone in the community comfortable. But we feel that we have achieved a lot at C.A., and we are optimistic that we can one day achieve that as well. Gary Gygax
  7. GaryGygax

    Psa In Works?

    Apparently, the folks at Compassionate Apothecary have been invited to make a "P.S.A." by a major t.v. company. And this is after speaking with a league of other "dispensaries" that don't want to be called "dispensaries" and are determined to defend the safety, the legitmacy, and the NEED for cannabis services that are based on the Patient to Patient model. Either way, if the civil case at C.A. DOES go to the next level, the others would be foolish NOT to get behind C.A., and get behind them QUICK. I was in the courtroom supprting C.A., and I know that if ANY case out there has the merits to move this forward, this one does. UNITED WE STAND! DEVIDED WE FALL! Its time to educate the public. Meanwhile the farmers at C.A. are doing a fantastic job. The display had 16 strains today including Blue Dream, and new farmers were coming in as I spoke with the manger David. Still planning on going downstate to see what other places are doing, but Im just closer to Mt P.
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