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Recreational marijuana will become legal in Michigan on Dec 6 2018

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Voted In and Certified

If you were born yesterday you may not know that voters approved the legalization proposal in the November 2018 election. So… recreational use of marijuana will become “legal” before the end of the year in the state of Michigan on.

December 6, 2018

A date which some of us never thought would happen in our lifetime.  It has been a long struggle and many have suffered life altering encounters with the powers at be that abuse those powers for self gain and probably self pleasure.

You Can – But You Can’t.

One must remember that there are laws regulating the use and distribution of “legal” marijuana and you can still be arrested and prosecuted for not following the laws to a T.

The Board of State Canvassers certified the election, meaning recreational cannabis will become legal in Michigan according to the Secretary of State on Dec. 6, 2018.

Marijuana will be decriminalized in the state, but you won’t be able to purchase it just yet. It could take up to a year for state legislators and businesses to figure out the licensing aspect.

Adults over the age of 21 will be allowed to cultivate, possess and consume marijuana on Dec. 6. An adult over the age of 21 will be allowed to grow no more than 12 plants at your home.

Don’t forget – It is still a CSA schedule 1 drug according to the state and the feds.

The Gray Areas

This is going to be a whole topic in itself and will addressed in a different article later.  But as it is written currently there are gray areas in the act that can be interpeted several ways and taken advantage of by all law enforcement and the private citizen.

Can you say these two words…Case Law.  There will be many new ones.  Just like the MMMA sprouted.

So prosecutors, law enforcement, judges, court reporters and all those who job depends on the enforcement of marijuana fret not… there is still plenty of punishment to go around and plenty of money to be made.  Cause real crime does not pay.

How would you get marijuana?

According to the act… one can not sell marijuana unless you are licensed. You can not make any private monetary transaction to obtain marijuana unless the state gets to scoop a handful of frosting off the cake.

Let the creative ways of pushing the threshold begin…

One CAN give it away.  Don’t carry more than you’re allowed.  Don’t have more at your house than you’re allowed. This leaves more gray areas than the original MMMA and will certainly trigger a number of case laws.  Private citizens who voted it into law will be at risk and law enforcement will take advantage of this for a generation or two.

It’s not the marijuana charge prosecutors will throw at you.  It’s all the other charges that will get you. Here is Section 4 of the act for you to read.

How would you buy marijuana?

Businesses would be licensed by the state. The initiative allows cities to decide if they want to allow these businesses in their municipality. The time frame for when businesses could obtain such a license is unclear. It sounds like 2019 but it took other states a couple years to figure it out.  Hopefully Michigan can learn from them and improve upon it.

Can you grow your own marijuana?

Yes, you will be allowed to grow NO MORE than 12 plants at your home. If you have a license you will be allowed to legally grow more.

Here are the license types that would be offered:

  • Marijuana retailer
  • Marijuana safety compliance facility
  • Marijuana secure transporter
  • Marijuana processor
  • Marijuana microbusiness
  • Class A marijuana grower authorizing cultivation of not more than 100 marijuana plants
  • Class B marijuana grower authorizing cultivation of not more than 500 marijuana plants
  • Class C marijuana grower authorizing cultivation of not more than 2,000 marijuana plants
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law  800-656-3557.

Visit the MMMA Forum to learn more and open discussions

More information

 

About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

Contact us for a free no-obligation case evaluation  800-656-3557.

Follow Komorn Law

 

This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.

The post Recreational marijuana will become legal in Michigan on Dec 6 2018 appeared first on Komorn Law.

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