Law Michigan MMJ

[Baron23]

Finding seeds to grow marijuana at home in Michigan will be hard

Allowing folks to grow their own marijuana without fear of criminal prosecution is part of the ballot proposal that voters approved on Tuesday, but getting the materials needed to start a home-grow may be a challenge for budding horticulturists.

Until the recreational marijuana market gets up and running, one option is to get seeds or marijuana clones from someone already growing marijuana for medical use. But those items can only be given away, not sold.

Or you can buy seeds online, though that will put home growers at risk of violating federal law.

Marijuana use, possession and growing becomes legal in Michigan 10 days after the Board of Canvassers certifies the election results, which should be sometime in December.

But actual marijuana, along with the seeds and cannabis cuttings used for home grows, won’t be commercially available for sale until the state Department of Licensing and Regulation develops the rules governing the adult recreational market. And that won’t happen until probably early 2020.

“The longer it takes the state to set up retail stores, the more people will be home growing,” said Matt Abel, executive director of the Michigan chapter of the National Organization for the Reform of Marijuana Laws or NORML. “I expect a rush on the grow stores in December because people are going to be getting lights and fans for Christmas.”

The ballot proposal allows people at least 21 to grow up to 12 plants for personal use as long as they don't sell any of the pot. But how does one start a personal grow without easy access to seeds or plants?

Marijuana seeds are available for sale online. But shipping that product across state lines is still considered a crime because the federal government classifies marijuana as an illegal substance.

“Absolutely not — nothing is legal when it’s shipped across state lines,” said Barton Morris, a Royal Oak attorney specializing in the laws surrounding the marijuana industry.

Caregivers, who have been legally growing medical marijuana under a 2008 Michigan law passed by voters, can give away marijuana, seeds and clones — rooted cuttings from existing marijuana plants — but under the ballot proposal passed on Tuesday, they can’t accept payment for those items. And they can’t give it away to anyone under the age of 21.

Currently, there are 43,056 registered caregivers in Michigan, who are allowed to grow up to 12 plants for each of five patients, and there are 297,515 registered medical marijuana cardholders in the state.That system stays in place even with the law that voters passed by a 56-44 percent margin on Tuesday.

Abel said that provision may result in some fast and loose ways to get seeds and clones to gardeners.

“Under the Michigan recreational law, you can give cannabis to someone, you can gift it,” he said. “In Washington D.C., it’s legal to possess, but not legal to sell marijuana. So, some people are saying, ‘Buy this coffee mug for $50 bucks and we’ll fill it with cannabis.’ ”

Morris said that would not be a wise choice for Michiganders looking to get into the home grow market.

“That’s not legitimate. It’s so obvious that it’s an attempt to work around the law,” he said. “That defeats the entire purpose of the law.

“If we’re seriously going to try to transition to a commercial market, we’re just going to have to wait for it,” Morris added. “Colorado didn’t happen immediately and we won’t either.”

hahaha....in MD, we don't have home grow at all. Nor has the Federal law changed so seeds and clones are not allowed to cross the borders, right? So, we have all just accepted that all of the current growing crop of med cannabis in the state arose from immaculate conception. LOL

 

[momofthegoons]

Now... who didn't see this coming?

Michigan's medical marijuana dispensaries could run out of pot to buy

The 40 newly licensed medical marijuana dispensaries around the state are facing a shortage of pot from licensed growers, meaning some may have to shut their doors until spring.

Michigan so far has licensed only 12 marijuana growers. From the time of planting to usable product, it takes between four to six months — and since the growers didn't start getting licensed until August, an abundant supply of marijuana from them won't be available until next year.

That could create hardships both for patients, as well as for business owners and their employees.

Before getting their state-mandated licenses, the dispensaries could buy the pot from a network of more than 40,000 registered caregivers in the state who have been growing and selling marijuana under a law that was passed by voters in 2008 to legalize medical marijuana. Under that law, each caregiver can grow up to 72 plants,and sell the excess to dispensaries.

Under new state rules, however, once the dispensaries get their licenses, they have to buy from licensed growers. They can only sell marijuana grown by caregivers for 30 days after licensing.

Anything left over after the 30-day window is supposed to be destroyed.

Chris Norman and her son Derek Norman have built their medical marijuana business from the ground up in tiny Frederic, a northern Michigan town with a population of just over 1,300.

They paid more than $100,000 in state license fees for their HumbleBee Products dispensary and processing facility and developed a loyal following of customers, especially since HumbleBee is the only licensed marijuana business in the northern Lower Peninsula.

But in a matter of weeks, they — along with many of the other 39 dispensaries licensed by the state since August — may have to shut their doors until more pot becomes available.

Marijuana is weighed on a scale at HumbleBee Products medical marijuana dispensary and processor in the northwest Michigan town of Frederic. They are the first dispensary to be licensed in northern lower Michigan. (Photo: Kathleen Gray)


“We paid good money for a license and now we’re getting punished. And the unlicensed dispensaries are flourishing,” said Chris Norman. “Everyone who got a license is screwed.”

As the regulated medical marijuana industry tries to get off the ground in Michigan, the timing of how licenses are granted and court cases is threatening to stop the budding market in its tracks. And that doesn't even take into account the fact that Michigan voters approved legalizing marijuana for adult recreational use on Nov. 6.

Unlicensed dispensaries — about 215 around the state — continue to operate under emergency rules until they can get a license. Many are dragging their heels until the last minute, in part to avoid state rules and the $66,000 in regulatory fees for getting a license. That means they can continue buying from caregivers.

Each of the 43,056 registered caregivers in the state is allowed to grow up to 72 plants — 12 plants for each of five medical marijuana cardholders and themselves. There are 297,515 registered medical marijuana patients in Michigan. Even with a fully regulated medical marijuana market and the impending recreational pot business, the caregiver system won't change because of the 2008 law passed by voters.

(l to r) Jordan Villeme, 22, budtender from Gaylord, works as customer Michael Kaiser, 32, Gaylord looks on at HumbleBee Products medical marijuana dispensary and processor in the northwest Michigan town of Frederic. They are the first dispensary to be licensed in northern lower Michigan. (Photo: Kathleen Gray)


If the caregivers have excess marijuana, much of it has gone to the temporary dispensaries that have been operating with the approval of the communities where they’re located, as well as the blessing of the state under the emergency rules.

The state has been trying to shut down those temporary operators in order to more quickly establish a fully regulated and taxed marijuana market in Michigan. It set a Sept. 15 deadline for the dispensaries to get a license or shut down. But the temporary dispensaries sued and got a Michigan Court of Claims judge to stop the shutdown. The state set another deadline for Oct. 31, but another lawsuit followed and the judge ruled against that date, too.


The state department of Licensing and Regulatory Affairs and the dispensaries are eagerly waiting for yet another decision from Court of Claims Judge Stephen Borrello after a hearing last week. The City of Lansing also has intervened in the case, hoping to prohibit the state from shutting down dozens of unlicensed dispensaries in Lansing as the city decides who, among the 100 marijuana business applicants, will get one of the city’s 25 dispensary licenses.

“It is unfair for legitimate businesses to have to shut down,” Lansing Mayor Andy Schor said.

But allowing the unlicensed dispensaries to continue operating with product from caregivers puts the licensed weed retailers at a distinct disadvantage because the medical marijuana from licensed growers is either nonexistent or exorbitantly expensive, said Stuart Carter, the owner of Utopia Gardens in Detroit, who is facing a shutdown in two weeks because his 30-day window is closing.

Manager Donnell Cravens looks for a product on the shelf for a customer at Utopia Gardens medical marijuana dispensary in Detroit, Thursday, Nov. 15, 2018. (Photo: Junfu Han, Detroit Free Press)


“When we run out of product, I’m going to be forced to close my doors,” he said. “I spent all this time and have gotten the proper permits to create a viable medical marijuana dispensary and we’re going to be thwarted unless the state opens up the channels for us for a little longer.”

Carter transformed an old elevator parts warehouse on the east side of Detroit into Utopia Gardens, an upscale, open and airy dispensary filled with classic motorcycles, a knowledgeable staff and tested product that he has gotten from a network of caregivers.

As he tried to transition from the caregiver market, where pot sold for $1,800 to $2,200 a pound, he found the price from licensed growers jumped from $3,200 to $3,700 a pound, plus the $2,700 in costs for a licensed and secured transport company to get the weed from a grower in Chesaning to Detroit. And that’s if there is even fully grown product available for sale.

Trevor Newman of Detroit, an employee of Utopia Gardens medical marijuana dispensary looks over product at the store in Detroit, Thursday, Nov. 15, 2018. (Photo: Junfu Han, Detroit Free Press)


Meanwhile, unless there’s a legal ruling on the unlicensed dispensaries, those businesses will be able to continue operating indefinitely with a much lower-priced product from caregivers. That’s the rub for licensed dispensary owners.

“We need some relief or we’re going to be out of business until more product is available in the spring,” Carter said. “For guys like me who have done it right, the system has turned into a blockade, a logjam.”

Another dispensary owner in Ann Arbor, who didn’t want his name to be used for fear of consequences from the state, said it’s really the medical marijuana patients who are getting the short end of the stick.

“This is affecting people’s health. It’s just a whole slew of problems that trickles down to them,” he said. “We’re running out of things right now and we’re not allowed to reach out for products from caregivers and that’s creating problems. We were expecting this, but no matter how much you anticipate these things, it’s hard to transition.”

The licensed dispensary owners hope that the state will extend the 30-day transition period. But LARA, which has been made aware of the supply shortage, hasn’t given any indication that it will.

The state has continued the fight to get the temporary dispensaries shut down until they get a license. Many haven’t completed their applications either because they don’t have necessary approvals from the towns where they want to locate or they want to continue operating outside of the more expensive regulated market.

“We have been somewhat frustrated by the process because we want to move the applications through the pipeline as much as the applicants and get the regulated market up and running,” Andrew Brisbo, director of the state’s Bureau of Medical Marijuana Regulation, said after a licensing board meeting last month.

The one advantage that the medical marijuana business owners will have is that they will be the ones to get the first licenses when the legal recreational marijuana market starts in early 2020.

Manager Donnell Cravens weighs flowers for a customer at Utopia Gardens medical marijuana dispensary in Detroit, Thursday, Nov. 15, 2018. (Photo: Junfu Han, Detroit Free Press)


As for the Normans, the licenses they laminated and have hanging on the wall have just become a source of “unfathomable stress.”

“I should have been excited that they wanted to give me a license. I don’t want it now. By handing me that license, they hurt me,” Chris Norman said. “I think we’ll survive, but I’m concerned about my employees. It’s almost Christmas and if we have to shut down, we have multiple people who rely on us to feed their families.”

 

[Baron23]

@momofthegoons - state government at work...it still amazes me that with all of these examples of organizational incompetence, that many people still place their trust and faith in political entities. Bunch of clowns, all of them, IMO.

Now, I would like to ask a question....WTF do MJ supportive media outlets always use a picture of some unshaved stoner and not Sadie Goldsmith, white haired grandmother. Sadie is actually the fastest growing demographic in med cannabis. Like this:

NOT this guy (who I'm sure is a nice fella but its such a stereotypical pic)

 

[momofthegoons]

The New Criminal and Civil Penalties under Michigan’s New Marijuana Law

With the passing of the Michigan Regulation and Taxation of Marijuana Act (MRTMA) aka Proposal 1, there is a brand new and quite revolutionary set of laws which govern marijuana activities. They are quite different than what we are used to and it will take some time to get accustomed. Nevertheless, they are important to understand so here is a summary: (note – the interpretation summarized below was confirmed by the principle drafter of this portion of the initiative because its not always easy to discern).

We all now know that an adult possessing marijuana is legal but what about using it in public, or possessing more than what you are allowed to have? How about driving under the influence of marijuana or selling it without a license? Below I will break it down by separating different offenses by their penalties. (the applicable section number from which the penalty is derived in in parentheses)

$100 civil infraction (Sec. 15.1)
An adult using marijuana in public is punishable by a $100 fine. That is it. No matter how many times you commit the offense, it will always be no more than a $100 civil infraction. The same is true for cultivating marijuana in your residence in a manner where the plants are visible to another standing in a public place. Also, possessing more than 2.5 ounces of marijuana at your home without the excess being secure enough to restrict access from others. These three actions are punishable by a $100 fine only and forever.

Possessing or growing more less than two times the amount allowed by law (Sec. 15.2)
The MRTMA permits the purchase and possession of 2.5 ounces of marijuana at one time. An exception is in one’s residence, an adult may possess up to 10 ounces and cultivate up to 12 marijuana plants. What are the penalties for possessing more than these amounts? The MRTMA makes a distinction of whether the amount possessed was more or less than two times the allowable amount. For instance, if an adult possessed 4.5 ounces of marijuana in their vehicle, which is less than two times the amount permitted (2.5 x 2 = 5.0), the penalty is as follows:

First violation : civil infraction punishable by up to a $500 fine only
Second violation : civil infraction punishable with a fine not more than $1,000
Third and subsequent violation : misdemeanor punishable with a fine not more than $2,000

All of these offenses also cary the penalty of confiscation of the marijuana. What is interesting, is the fact that once a person commits two violations for these acts, every following violation, for the rest of their life, is a misdemeanor. They will never go to jail (save for contempt of court) but its a criminal offense that will be reported to your record. The fine is quite large as well. Soon there will be the question of whether non-payment of the fine is grounds for a jail sentence and, if so, how much? Some court’s will undoubtedly cite a failure to pay the fine as a contempt of court punishable by up to 90 days in jail. Of course there are arguments against this interpretation so it will eventually be litigated to the Michigan Supreme Court. We can expect that process to take a few years.

This section explains what the penalty is for cultivating up to 24 plants or possessing not more than 2.5 ounces of marijuana. What if someone cultivates 25 plants?

Possessing or growing more than two times the amount allowed by law (Sec. 15.4)
The penalty for possessing more than twice the amount allowed is a misdemeanor but the maximum fine is not identified nor does the number of violations matter. What does matter is whether there is proof that the violation was “habitual, willful and for a commercial purpose”. If so, the person can be punished by a maximum jail term of one year. If it cannot be proven there is any “commercial purpose” the penalty is a misdemeanor without any potential jail time. Commercial could be defined to mean profit, trade, business or money oriented. Therefore, a person possessing a half pound of marijuana with the intent or purpose of selling it to another over the age of 21 will be subject to a misdemeanor, probation and potential jail time. The government will likely argue that civil asset forfeiture will also be possible in this circumstance. What happens if there is a distribution or sale of marijuana to a person under the age of 21?

Marijuana Offenses Specific to persons under the age of 21 years old (Section 15.3)
There are offenses and penalties that are specific to those younger than 21 years of age but only if they are in possession of an amount equal to or less than 2.5 ounces or 12 plants. The following offenses are captured under this section:

• using marijuana in public
• delivery of marijuana to a person under the age of 21 or its receipt by someone under the age of 21
• possessing or consuming while on school grounds

Under these circumstances if the offender is under the age of 18 the penalties are different as well as the number of previous offenses.

• A first offense is a civil infraction with a fine of $100 or community service and the completion of a four hour drug education class.
• A second offense is a a civil infraction with a fine of $100 or community service and the completion of an eight hour drug education class.

For those between the ages of 18 and 21 the penalties are the same but without the requirement of drug education/counseling.

Marijuana Offenses The Penalties for Which Will Not Change Despite the MRTMA

There are several offenses that are not specifically enumerated by the MRTMA. Those offenses will be punished as they would be before prop 1 passed on November 11, 2018. These offenses include the following:

Distribution of marijuana to a person under the age of 21 is a felony punishable by up to four years in prison. It does not matter if there was an exchange of money. Further, the distribution of marijuana to any person in exchange for money otherwise known as “remuneration”, is a felony punishable by up to four years in prison.

Marijuana Offenses Newly Created by the MRTMA
The following offenses where specifically prohibited by the MRTMA but the penalty was not identified:

• Consuming marijuana while driving (not driving under the influence of marijuana).
• Smoking marijuana in the passenger compartment of a vehicle
• Possessing or consuming marijuana on school grounds or a correctional facility (over the age of 21)
• Butane extraction in a residence or vehicle

These actions are prohibited by the MRTMA but there is no similar offense for this conduct in the Controlled Substance Act. It could be argued that they should not be penalized at all. I anticipate legislation to cover this issue.

The criminal changes to marijuana law in Michigan are significant and comprehensive. They are going to take some getting used to but they are probably the best set of marijuana criminal/civil infraction laws in the country.

 

[Shredder]

Marijuana Offenses Newly Created by the MRTMA
The following offenses where specifically prohibited by the MRTMA but the penalty was not identified:

• Consuming marijuana while driving (not driving under the influence of marijuana).
• Smoking marijuana in the passenger compartment of a vehicle
• Possessing or consuming marijuana on school grounds or a correctional facility (over the age of 21)
• Butane extraction in a residence or vehicle

These actions are prohibited by the MRTMA but there is no similar offense for this conduct in the Controlled Substance Act. It could be argued that they should not be penalized at all. I anticipate legislation to cover this issue.

The criminal changes to marijuana law in Michigan are significant and comprehensive. They are going to take some getting used to but they are probably the best set of marijuana criminal/civil infraction laws in the country.

I say give them a good talking to.

I shouldn't quivil but I wish the fines were related to income, so everyone feels the same pinch. IE, a hundred dollar fine for a millionaire and 2 cents for a student. Keep it fair.

 

[momofthegoons]

More from LARA....

 

[momofthegoons]

Michigan's marijuana use law set to take effect Dec. 6

Lansing — The State Board of Canvassers on Monday made it official: A voter-approved law allowing recreational adult use of marijuana in Michigan is set to take effect Dec. 6.

The proposal approved by nearly 56 percent of voters in the Nov. 6 election allows adults over the age of 21 to possess up to 2.5 ounces of marijuana and grow up to 12 plants per household.

The ballot proposal does not override workplace drug policies, nor does it allow for marijuana consumption or smoking in public places or private locations where the owner forbids it.

Those rules likely will curb the impact of legalization on Dec. 6, said Josh Hovey, a spokesman for the Coalition to Regulate Marijuana Like Alcohol, which backed the statewide proposal.

"People should keep in mind that just because marijuana is legal on Dec. 6, that doesn't mean (you) can spark up a joint in a Hash Bash-style street celebration," Hovey said in an email.

Marijuana use, sale and possession remain illegal under federal law. Officials with the U.S. Attorney's Office in Detroit rarely, if ever, have prosecuted individuals for small amounts of the controlled substance.

"This office will review marijuana cases in terms of where those cases fit within our priorities and our limited federal resources," U.S. Attorney in Detroit Matthew Schneider said in June when asked whether federal resources would be used to make marijuana arrests if recreational pot were legalized in Michigan.

The initiative also allows for licensing of businesses that grow, process, test, transport or sell marijuana with three classes of cultivator licenses. Municipalities would be able to prohibit or limit the number and types of facilities within their boundaries.


The state has another year to develop the framework for recreational marijuana sales, a system that is expected to resemble the state’s regulatory structure for the medical marijuana sales. Permanent rules for medical pot will be taken up starting Tuesday by the Joint Commission on Administrative Rules.

The state Department of Licensing and Regulatory Affairs has met with several stakeholder groups in recent weeks and will continue to meet with them and the new administration to ensure a "safe, efficient and consumer-focused regulatory system," said David Harns, a spokesman for the agency.

"All indications point to our ability to have adult-use license applications available before the statutory deadline of Dec. 6, 2019," Harns said in a statement.

In the meantime, those using marijuana will be in a type of "limbo," Hovey said. They technically can't be charged for having under 2.5 ounces in their possession, but there is also no legal way to obtain it prior to the implementation of the licensing process.

People are allowed to "gift" up to 2.5 ounces but cannot take reimbursement for the product.

"There’s really no other way to do it," Hovey said. "The alternative would be to delay the entire initiative for a year and wait for full legalization to take place.”

Police departments across the state are working with their municipalities to bring local ordinances in line with the new state law, which also decriminalizes marijuana violations, said Bob Stevenson, executive director for the Michigan Association of Chiefs of Police. Decriminalization means violations of the law will be punishable by a citation or fine instead of potential jail time.

Law enforcement agencies are expecting an uptick in drugged driving resulting from the legalization, a violation that is more difficult to prove than drunken driving. Though impaired driving is still prohibited under the law, Stevenson said other states that have legalized recreational marijuana saw a corresponding uptick in impaired driving after legalization.

“We’re expecting that we’ll see the same here in Michigan,” Stevenson said. “That’s our immediate biggest concerns.”

There's no evidence to support large increases in usage in states that have legalized marijuana, Hovey said, though he wasn't surprised that law enforcement would increase their vigilance for impaired drivers. One of the most misunderstood aspects of the law is the strict regulations it carries, he said.

"Businesses will be banned from making products that could be attractive to children or edibles that could be confused with commercially sold candies," Hovey said in an email.

As the realization of the law approaches, several municipalities are opting out of the recreational marijuana industry “to protect themselves from the unknowns going forward,” said Jennifer Rigterink, legislative associate at the Michigan Municipal League. She said communities could revisit the issue once they fully understand the rules and regulations.

“They all know they’re just opting out of the commercial side,” Rigterink said. “Recreational marijuana is here. There’s no getting around that.”

 

[Baron23]

Michigan won't close unlicensed marijuana dispensaries before Dec. 31

LANSING — The moving target for unlicensed medical marijuana dispensaries to either get a state license or shut down has moved to Dec. 31 under an agreement reached Tuesday.

Since September, the state has been trying to shut down the dispensaries that have been operating under temporary emergency rules while they wait for a license from the state. But the Department of Licensing and Regulatory Affairs has been thwarted by a combination of court rulings and the desire to make sure that enough dispensaries are licensed around the state to supply the nearly 300,000 medical marijuana cardholders.

As dispensaries have either gotten licenses or been denied a license, the number of unlicensed dispensaries that are operating has dropped from more than 200 to 98, said Andrew Brisbo, director of the Bureau of Medical Marijuana Regulation. There are 40 medical marijuana dispensaries that have received a state license.

The city of Lansing was one of the plaintiffs in a case to stop the latest dispensary shutdown deadline on Oct. 31. The city has been vetting applications for 25 dispensary licenses and hopes to begin granting approvals for those dispensaries this week. The dispensaries can’t get final approval for a state license until they have gotten the go- ahead from the community where they want to locate.

“It’s been an elaborate process and the courts have said we can’t give licenses until everyone goes through the appeals process,” said Lansing City Attorney James Smiertka. “At least 25 percent of my staff has been devoted to medical marijuana.”

Brisbo said the state is still trying to resolve the case before the state Court of Claims, but promised to not close any of the unlicensed dispensaries before Dec. 31. On Jan. 1, the new administration of Gov.-elect Gretchen Whitmer, an East Lansing Democrat, takes over and the rules could change again.

“We’re actively working, particularly with the city of Lansing, to resolve the case. So we’re hoping for clarity sake to get the issue resolved soon,” Brisbo said.

The agreement was announced during a meeting of the Joint Committee on Administrative Rules, a legislative panel that reviews or rejects rules and regulations set up by state departments.

The committee approved permanent rules Tuesday for the medical marijuana industry, which included a provision for home delivery of medical marijuana. The rule, which is expected to go into effect later this week, would allow a dispensary employee to deliver up to 2.5 ounces of weed a day to a medical marijuana cardholder.

“A licensed provisioning center has to have specific authorization from the department to do it,” Brisbo said. “So they have to submit plans to us for that.”

 

[momofthegoons]

Michigan approves home delivery rules for medical marijuana users

LANSING, Mich. - Michigan lawmakers have approved permanent medical marijuana licensing rules, including a provision to allow dispensaries to deliver the drug to cardholders’ homes.

The regulations were passed Tuesday by the Joint Committee on Administrative Rules, a panel of legislators that oversees rules proposed by state agencies.
The regulations largely mirror emergency rules already in place, but the authorization of home delivery is new.

Provisioning centers will be able to deliver up to 2.5 ounces of marijuana per patient and do up to 10 deliveries at a time. The state is in the midst of licensing medical marijuana businesses under a 2016 law.

 

[Mr Mellish]

IMO, opt out of the program, then you opt out of the revenue sharing. End of story as far as I can see....

Some Michigan communities say no to legal marijuana businesses


Some Michigan communities are already saying no to marijuana businesses after voters approved the use of the drug for people 21 and older .

The South Bend Tribune reports the Niles City Council in southwestern Michigan voted Monday to temporarily opt out of allowing retail marijuana sales in the city. Council members have said they’re waiting for the state to sort out rules and regulations for the sale of marijuana.

The Herald-Palladium reports the southwestern Michigan community of St. Joseph also is among those expected to opt out.

In southeastern Michigan, WHMI-FM reports the village of Pinckney adopted an ordinance Monday prohibiting marijuana establishments for now due in part to the potential strain on community resources such as police and zoning.

Voters last week approved the recreational use of marijuana.

Isn't this just posturing, though? Can a community begin opening recreational dispensaries ahead of the laws and regulations being finalized? (My community was one of them and I think it was just a move to calm the anti-MJ crowd while the regulators do their thing).

 

[Baron23]

Ok, I concede...MI is even more fucked up than MD in setting up their cannabis programs. Got to give credit where its due! haha

New regulations on medical marijuana hurting dispensaries

Just weeks after Michigan voters legalized recreational marijuana, some dispensaries are being forced to close due to new regulations.

The new regulations state newly licensed dispensaries can only sell marijuana from licensed growers, but owners said there are only so many growers and not enough supply.

Newly licensed dispensaries only have 30 days to comply with these new standards.

“After today I don’t have a job,” said Mark Bills, general manager of the Station Provisioning Center in Vassar.

Bills said he is working on borrowed time.

He said new state regulations gave shops like his just 30 days to make sure all their product comes from state-licensed marijuana growers.

Bills said he wants to follow the rules but those state-licensed growers can’t meet the demand.

“There is only one in the state of Michigan that actually has some product available and it’s very little comparing to how many patients there are,” Bills said.

Until now, centers were able to buy from card-holding growers looking to sell when they had a surplus in marijuana.

Now the business can’t afford to keep its doors open and customers like Crystal Powell aren’t very happy.

“How’s that fair? That somebody who has a license and is doing what they’re supposed to be doing has to shut down,” Powell said.

Six years ago, Powell said she had back surgery and the chronic pain from it still affects her. Without a nearby provisioning center like the Station, Wednesday’s purchase is all she has left.

“I’m going to have to make it last,” she said.

Bills said he understands the motivation behind the new rules, but thinks the 30-day deadline did more harm than good.

“They have to do something to regulate the system, but they need a plan that extends over a period of time. It’s just not a good thing for the community or for the patients or even for our employees,” Bills said.

The state agency that regulates medical marijuana said they hear concerns.

The agency said it will recommend a resolution next week that will allow provisioning centers to sell unlicensed marijuana as long as they meet certain requirements, including obtaining patient consent prior to selling it.

 

[Baron23]

hahaha...well, fast breaking news. LOL


State recommendation would bridge medical marijuana shortage

Lansing — The state bureau overseeing the licensing of medical marijuana facilities will recommend exceptions to state rules to meet a supply shortage that’s developed in the emerging market.

The Bureau of Medical Marihuana Regulation will recommend the board take no disciplinary action against licensed provisioning centers, growers and processors that buy weed from registered primary caregivers.

Licensed growers have not produced enough product to supply the emerging regulated market, creating a shortage in the early days of the medical marijuana industry, according to the Department of Licensing and Regulatory Affairs.

Allowing provisioning centers to buy from caregivers will supplement the system while the new product enters the regulated market through the licensing framework, said David Harns, a LARA spokesman.

Best practices for provisioning centers and processors remains the purchase of marijuana through licensed growers, but supplementing that supply with product from primary caregivers “will assist licensed provisioning centers with meeting the needs of patients," the bureau said in a statement.

To allow for the temporary supply, the bureau will recommend the licensing board pass a resolution Dec. 7 to refrain from disciplining provisioning centers, growers and processors who obtain marijuana from a caregiver if they obtain signed patient consent and enter inventory and sales into the statewide monitoring system.

The allowance, if adopted Dec. 7, would allow provisioning centers to buy from caregivers through Dec. 31 and sell that product through January 31. However, any product sold between Jan. 1 and Jan. 31 must also be tested.

Growers and processors are able to purchase and sell products from caregivers through Feb. 28, 2019, ensuring a steady supply for patients and creating diversified strains within the market.

“There are growers who will be able to bring product to the market,” Harns said. “We just have to get to that point in time where their harvest will be ready.”

The potential for a similar shortage in the recreational marijuana industry will be assessed in the coming year, as the bureau works to set up a licensing framework for the adult use law passed in early November.

“We’ll definitely look at what we’ve learned from medical marijuana,” Harns said.

The allowances will depend on approvals from the Medical Marihuana Licensing Board, which is expected to meet Dec. 7.

A second December board meeting has been scheduled for Dec. 21.

 

[momofthegoons]

I don't know if any of you remember my prediction that they were going to try to take plants away from us? Well.... "Senator Arlan Meekhof has just introduced a bill that would gut the Michigan Regulation and Taxation of Marihuana Act just passed by voters! Meekhof wants to eliminate home grows completely!"

http://www.legislature.mi.gov/docum...pvfDXeW5A9iWsJoXzBZt-tl7g_Cij6kHrwUvFXfCTu4oQ

Edit: Here's more on the subject......

Growing marijuana at home would be banned under new bill in Michigan

LANSING – Republican lawmakers introduced bills Thursday that would undo some of the provisions in two of the ballot proposals overwhelmingly passed by voters on Nov. 6.

One bill, introduced by Senate Majority Leader Arlan Meekhof, R-West Olive, would prohibit homegrown marijuana that was part of the legalization ballot proposal that passed by a 56-44 margin. That provision allows anyone over the age of 21 to grow up to 12 marijuana plants for personal use in their homes.

Meekhof said Thursday that he wants to prohibit home grows as a way to stop pot from flooding neighborhoods across the state.

“People don’t get to make alcohol and serve it in unregulated bars to anyone they want to. Homegrown marijuana is basically unregulated,” he said. “It should be in some regulated form, so we have consistency and safety. It’s a mind-altering substance like alcohol. It should be somehow controlled.”

Jeffrey Hank, director of the East Lansing-based MiLegalize, which was part of the coalition to support marijuana legalization, said the measure is just more “lame-duck mischief.”

“He’s really being totalitarian if he thinks Michigan adults can’t grow a plant or two. He just wants to do this to block competition from corporate interests,” he said. “People can make their own wine and their own home-brewed beer — they should be able to grow a few plants.”

Several other bills introduced Thursday would require a declaration of U.S. citizenship on driver's licenses and state identification cards before a person could automatically be registered to vote. The Promote the Vote ballot proposal, which passed 67-33 percent, includes a provision that automatically registers a person to vote when they get a driver’s license or state ID.


The bills, introduced by Sen. Mike Kowall, R-White Lake, would also allow a person to opt out of registering to vote when they got state identifications or driver's licenses. And, while the Promote the Vote proposal allows people to register to vote up until the day of the election, another bill limits the ability to register to 14 days before an election.

The chances of passing the changes to the approved ballot proposals, however, are almost impossible in this lame-duck session. Because the two proposals were passed by voters, the Legislature needs to muster a supermajority — a three-quarters vote — in both the House of Representatives and Senate. Republicans hold a 27-11 supermajority in the Senate, but only a 63-47 edge in the House.

Democrats are unlikely to support any changes to the laws and even some Republicans aren’t on board with the proposals.

“I don’t believe in home growing (marijuana) for sale, but I don’t object to growing for personal use,” said Sen. Rick Jones, R-Grand Ledge.

The marijuana legalization law, which goes into effect on Dec. 6, prohibits home growers from selling their products, although they can give away the pot.

The marijuana legalization includes a provision that gives the state Department of Licensing and Regulatory Affairs the authority to regulate and license marijuana businesses. Meekhof’s proposal changes that so that a politically appointed licensing board — similar to how the medical marijuana industry is regulated — also has the authority over licensing businesses in the recreational marijuana industry.

“The people in Michigan have already spoken and passed our initiative with more votes than Gov.-elect Gretchen Whitmer got,” said Josh Hovey, spokesman for the Coalition to Regulate Marijuana like Alcohol, which led the legalization campaign. “For lawmakers to immediately go against the will of the people is undemocratic and it totally disregards the political process.”

The bills build on an already controversial lame-duck session that has included Republicans in the Senate passing laws gutting minimum wage and paid sick leave laws that were a part of a citizen-led petition drive to get the issues on the ballot.

The Legislature passed those two initiatives in September in order to keep them off the ballot and leave them with the ability to amend them after the election with only a simple majority, rather than the three-quarters vote they would need if voters had passed the proposals.

Instead of a $12 minimum wage phased in through 2022, a bill now spreads out the increase until 2030 and removes tipped workers, such as bartenders and wait staff, from the wage hike. A paid sick leave bill cuts the amount of paid sick time a worker can get each year from 72 hours to 36 and exempts businesses with fewer than 50 employees.

The House of Representatives still has to consider those two bills.

 

[momofthegoons]

Nothing like kicking the door....thank you Senator Meekhof.... don't let it hit you on the way out.

Michigan's marijuana tax revenue would be gutted by lame duck bill

A bill proposed by outgoing Senate Majority Leader Arlan Meekhof, R-West Olive, would significantly change the voter-approved recreational marijuana program in Michigan, including by drastically lowering the tax revenue the state is set to receive.

Proposal 1 passed with 56 percent of the vote Nov. 6. It will take effect next week.

Meekhof, R-West Olive, introduced the bill Thursday.

In addition to lowering the tax rate from 10 percent to three percent, the bill cuts out Michigan's schools and roads from receiving tax revenue from legal marijuana. The state's six percent sales tax would still apply, said Amber McCann, Meekhof's spokeswoman.

"It's disrespectful to the political process and it's disrespectful to the voters of Michigan," said Josh Hovey, spokesman for the coalition behind the ballot proposal, of Meekhof's bill.

"The people of Michigan have spoken. They knew what they were voting on."

Tax revenue from marijuana sales could reach $287.9 million by the time the market matures in Michigan under the tax structure in Proposal 1, according to a Senate Fiscal Agency analysis. It's unclear how much revenue Meekhof's proposal would draw.

Under Proposal 1, Michigan has one of the lowest tax rates on adult-use marijuana in the country. Under Meekhof's proposed bill, Michigan would have the lowest tax rate in the country. The bill redirects the revenue to municipalities (25 percent), counties (30 percent) and county sheriffs (5 percent) that have marijuana facilities, and 30 percent for state police, police training and first responder disability benefits.

Meekhof's bill, Senate Bill 1243, proposes other major changes to the voter-approved Proposal 1; including eliminating the ability for individuals to grow marijuana at home and cutting out a micro-grower's license.

 

[Baron23]

The chances of passing the changes to the approved ballot proposals, however, are almost impossible in this lame-duck session. Because the two proposals were passed by voters, the Legislature needs to muster a supermajority — a three-quarters vote — in both the House of Representatives and Senate. Republicans hold a 27-11 supermajority in the Senate, but only a 63-47 edge in the House.

Democrats are unlikely to support any changes to the laws and even some Republicans aren’t on board with the proposals.

I think this is the key.....Meekhof doesn't have a snowball's chance in hell of getting this bill passed and he lost his reelection bid....which would make him a....what?? haha

 

[Baron23]

"It's ironic that so many of these caregivers have been punished or felonized for this activity," said Josh Colton, a lawyer with Komorn Law. "Now the government is turning around and telling caregivers that they are needed."
​

Yep, that's government at work, right there.


Medical marijuana shortage pushes officials to consider breaking their own rules
Michigan officials are proposing a solution to a shortage of medical marijuana in the newly licensed industry -- but some lawyers say it's an ironic suggestion that could land caregivers in jail.

To keep shelves stocked at licensed medical marijuana shops, state regulators are asking the Medical Marihuana Licensing Board to look the other way if the shop is buying marijuana from caregivers. Right now, licensed retail stores could be fined or lose their license for such activities.

"It's an agreement to not take licensing action for certain activities," said Andrew Brisbo, director of the Bureau of Medical Marihuana Regulation. "It's not an authorization for anything outside of that."

The board will consider the resolution at its next meeting Dec. 7.

But lawyers representing provisioning centers find hypocrisy in the request.

"It's ironic that so many of these caregivers have been punished or felonized for this activity," said Josh Colton, a lawyer with Komorn Law. "Now the government is turning around and telling caregivers that they are needed."

During the past year, state regulators have agreed to not go after dispensaries who sell marijuana grown by caregivers.

It's the reason nearly 100 dispensaries have been allowed to operate in Michigan unlicensed, and the source of a constantly changing deadline for compliance. There currently is no deadline.

The stance by the Department of Licensing and Regulatory Affairs has allowed caregivers to continue to sell to dispensaries -- at their own risk.

"That's the irony: the state didn't acknowledge where the product was coming from," said Thomas Nafso, an attorney who represents three Detroit provisioning centers owned by Green Skies. "There is nothing in the law that permits the caregivers to deliver to the dispensaries."

A court case established that caregivers in Michigan could only sell marijuana to five registered patients with whom they have a relationship. There is no provision in state law that allows caregivers to sell to businesses.

Michael Komorn, a criminal defense attorney and president of the Michigan Medical Marijuana Association, said he has caregivers as clients who have felony criminal cases pending for possession with intent to deliver.

"I have had many cases over the last eight years that alleged felony marijuana crimes for behavior that LARA just codified as a part of their system," Komorn said. "The takeaway it would suggest is that it has been realized now by the state that they need caregivers for the state's medical marijuana program to work. They may not want to admit it, but this last play by LARA seals it."

That practice was supposed to end once a provisioning center gained a state license and switched over to sourcing its medical marijuana from a licensed grower.

The state has been issuing licenses since July; so far 40 provisioning centers and 12 growers are among the 67 licenses issued. There still is not enough medical marijuana from licensed growers to go around.

The Bureau of Medical Marihuana Regulation is now proposing that caregivers could continue to provide medical marijuana to licensed provisioning centers without fear of retribution from the licensing board.

"As we move forward with the transition to the regulated market there were certainly concerns that arose with continued access of product," Brisbo said.

There are 43,056 caregivers in Michigan, and 297,515 patients.

Brisbo said the intent of the resolution has been communicated with law enforcement partners.

Specifically, the proposed resolution would allow a licensed provisioning center to stock up on marijuana and marijuana products from caregivers until Dec. 31 -- and could continue to sell it after Jan. 1, 2019, as long as it has been tested and entered into the state's tracking system.

Colton said he's skeptical as to whether the proposed resolution from LARA would be effective in the long term.

"It's still, in my opinion, a short-term solution to a much longer-term problem," Colton said. "This is certainly much-needed relief and would certainly allow patients to get the same medicine that they have had under the past 10 years through Dec. 31."

Colton added: "I would be remiss to think this is the last extension."

 

[momofthegoons]

Billion-dollar company stakes claim on Michigan's marijuana industry

A photo of the inside of The Botanist medical marijuana shop in Baltimore, Maryland, which is owned by Acreage Holdings. The company is looking to open similar retail stores in Michigan. (Courtesy photo | Acreage Holdings)

A New York-based cannabis company that's publicly traded in Canada has bought a number of properties in seven Michigan communities as it prepares to launch a chain of medical marijuana retail stores next year.

It's among the first signs of big business moving in to capitalize on the marijuana market in Michigan, as licensed medical sales began this fall and adult-use marijuana becomes legal Dec. 6.

Acreage Holdings made a deal with a Michigan holding company to buy up its undisclosed number of real estate properties for an undisclosed amount of money.
"Michigan is a highly attractive state from a cannabis perspective; it's very progressive in terms of policy," said Acreage Holdings President George Allen. "Given the historical structure of the medical program in that state, it's made the state extremely ripe for a mature and successful adult-use cannabis program, and we've been looking for partners in that state for a better part of a year."

The deal includes a former industrial building in the city of Flint, and 30 acres of woods in Vassar Township, as well as properties in Detroit, Bay City, Battle Creek, Lansing, and Ann Arbor.

Acreage Holdings has a number of prominent names on its board of directors -- including former Speaker of the House John Boehner, R-Ohio, former Massachusetts Gov. Bill Weld and former Prime Minister of Canada Brian Mulroney. In November, Acreage completed a deal to go public in Canada that values the company at $2.8 billion, according to Investor's Business Daily.

While the players behind Acreage Holdings are known, the Michigan firm it did the deal with -- Blue Tire Holdings -- is less transparent.

Blue Tire Holdings -- a name randomly picked, said its Chief Medical Officer Dr. Saqib Nakadar -- is made up of a diverse group of investors including entrepreneurs and restaurateurs. Nakadar declined to reveal their identities, and the holding company is registered to a Detroit attorney's office.

"We're a group of local Michigan guys that started this company in hopes of establishing a good footprint for medical cannabis," Nakadar said.

Nakadar is a doctor that recommends the use of cannabis for medical ailments to patients. He was recently appointed to the Michigan Medical Marijuana Advisory Panel. He's also one of the owners of the historic S.S. Ste. Clair, the Boblo Island boat that caught fire in July.

"We're basically looking for strategic locations across Michigan that we feel get us the best footprint to deliver a statewide treatment plan," Nakadar said.

Acreage Holdings has licensed operations in 18 states. In Michigan, it plans to continue to work with Blue Tire Holdings to launch four retail locations in 2019. They'll be known by Acreage Holding's retail brand, The Botanist.

The stores will be supplied by marijuana grown at the properties they purchased in Flint and Vassar Township, according to the company.

In Flint, Acreage Holdings is purchasing the former Spen Tech Machine building at 4221 James P Cole Boulevard, a 55,000-square-foot facility. It will become a grow operation, processing facility and flagship retail store.

The Vassar Township property -- 30 acres of woods at 5156 Brown Road listed for sale at $119,900 -- will become a greenhouse and processing facility, according to the company.

Acreage Holdings will be pursuing medical marijuana business licenses -- but the company will likely also invest in recreational marijuana in Michigan in the future.

"If you're entering into the medical program without any eye towards participating in the adult-use program that's very financially troubling because one tends to cannibalize the other," Allen said. "Recreational or adult-use cannabis consumption is interchangeable with a mature medical program because it all represents an out of pocket expense for patients."

 

[momofthegoons]

Medical pot board stiff-arms pot firm for Calvin Johnson with 'fabricated' concerns

Lansing — Two former Detroit Lions players plan to appeal a decision of the Michigan medical marijuana licensing board after the group denied four applications for pre-qualification based on "integrity" issues.

Calvin Johnson Jr. and Robert Anderson Sims Jr. had applied for preliminary approvals for planned Birmingham facilities for growing, processing, and selling medical marijuana.

Referring to Johnson by his initials, board member Don Bailey said the former Pro Bowl wide receiver had minor traffic violations from nine and four years ago for which warrants had been issued. He also cited "concerning" issues for Sims and a potential violation of the 2008 law for another person listed on the application.

Bailey said Johnson's response to the traffic citation issue was problematic.

"When confronted with those issues, the response was that they might take steps in the future to take care of those issues," he said.

Johnson and Sims maintain the problems have been resolved and the board was provided proof of that resolution, according to their spokesman John Truscott, who also took issue with Bailey's characterization of Johnson's response.

"We don’t know where that came from but that appears to be fabricated," Truscott said, noting that Johnson resolved the tickets in early October. Sims, he said, had issues with property he was flipping in Dearborn that have since been resolved.

The pair intend on appealing the board's decision, Truscott said.

The proposed ordinance includes detailed licensing, inspection and operation hour requirements. (Photo: Gosia Wozniacka / AP)


"This appears to be a decision that was arbitrary and not based on the facts of what was provided to them," Truscott said. "I don’t know how anybody can be approved if they just make it up as they go along.”

Johnson and Sims' applications were among dozens considered by the board Thursday for licenses in the emerging market, a day after Michigan’s new recreational marijuana law took effect.

As of Friday, 91 facilities had been licensed and dozens more are still operating while seeking a state license. The state has agreed not to shut down those unlicensed operating facilities prior to Dec. 31.

The board on Friday also approved a resolution that would allow licensed medical marijuana businesses to obtain weed from registered primary caregivers temporarily to supplement the supply from newly minted medical marijuana growers.

Under the adopted resolution, the licensing board couldn't take disciplinary action against licensed provisioning centers, growers and processors who buy marijuana from caregivers while the new product from licensed growers enters the regulated market through licensing.

Bailey opposed the resolution, noting there are people who were incarcerated and convicted for the same issue. “This goes against what’s allowed under the 2008 law,” he said.

The board’s other three members supported the resolution, though they noted it wasn’t ideal.


“It doesn’t fix everything I’d like to see fixed, but it goes in the direction of trying to provide product to patients who dearly need it,” said board Chairman Rick Johnson.

The resolution approved Friday will allow licensed provisioning centers, growers and processors to obtain marijuana from a caregiver if they obtain signed patient consent and enter inventory and sales into the statewide monitoring system.

The resolution allows provisioning centers to buy from caregivers through Dec. 31 and sell that product through Jan. 31. However, any product sold between Jan. 1 and Jan. 31 must also be tested.

Growers and processors are able to purchase and sell products from caregivers through Feb. 28, 2019, ensuring a steady supply for patients and creating diversified strains within the market. The businesses would need to test the products before transferring them again.

The board will hold one additional meeting Dec. 21 in an effort to license as many businesses as are qualified.

 

[momofthegoons]

Here's a little fluff piece for you....

Inside Michigan’s first medical marijuana mega growing operation

CHESANING, MI – Thousands of marijuana plants are growing in the village of Chesaning under the watchful eye of the state’s first licensed medical marijuana growing company.

VB Chesaning has converted an old dairy farm into 20,000 square feet of space for growing, manufacturing and packaging medical marijuana — and they’re still expanding.

Jason Pasko, chief operating officer of VB Chesaning, said the owners, who are two Michigan natives, knew someone in the Chesaning area and decided to purchased the property about a year and a half ago, then quickly started building the state-of-the-art facility to grow marijuana.

“By November of last year, we started construction,” Pasko said, “and we’ve been up and growing since Dec. 15 of last year.”

VB Chesaning was the first licensee under the Michigan Medical Facilities Licensing Act. It holds permits to grow up to 6,000 marijuana plants at one time.

Their product isn’t available for direct sale to the public. Rather, it is purchased by licensed retailers, who then sell it to medical marijuana patients in cities like Detroit, Kalamazoo, Ann Arbor and Bay City.

Inside the Chesaning facility, workers use a variety of equipment to process marijuana and extract marijuana oil from the plants. They make marijuana-infused chocolate bars, coffee beans, gummy bears, as well as the company’s own branded joints and other items. All of the product is regulated by the state.

Much of the facility is laid out similar to an industrial kitchen in a hotel or large venue center. The walls, ceilings and floors are made of material that is mold-resistant and makes it very easy to wash off so bacteria or other contaminants don’t stick to the floor or walls.

Inside the growing areas, workers take great care of the plants with the help of constant humidity control. They even use lady bugs to help kill any potential insects that might make their way into the growing areas.

“Without question, we have 20,000 square feet of actual production space built out, that is built to the highest standards certainly in this industry,” Pasko said, “and as high as standards that you will see in any food environment.”

In one room where they grow marijuana, there are 816 varied plants with names like Skunkberry, Alienbooberry to Zuzu and Rocket Fuel.

Phil Hedden, general manager of the facility, said they employ 50 workers who do everything from tending to marijuana plants, packaging, testing quality and trimming plants to be sent out for consumption.

“Our mantra from the beginning and Phil’s mantra is that’s going to be the backbone of what we do," Pasko said. "Yeah we grow cannabis, but at the end of the day, you have to rely on the people and you set out to really hire the best people.”



Hedden added that also helps the city of Chesaning because workers will go out and eat at the restaurants for lunch, or if they need to get parts for the machines, they can go to the hardware store.

Hedden comes from a food-production background, and while medical marijuana is a little bit different, he still likened it to making something that someone will consume and there are good manufacturing processes that are used globally and apply to the facility as well.

Earlier this year, Michigan voters approved the legalization of recreational marijuana on Nov. 6 and while recreational marijuana licensing won’t really be starting until 2020 at the earliest, Pasko and Hedden are excited about what the future could be for the Michigan market.

“I want to say that Chesaning itself has been very open to us,” Pasko said. “It’s incredible, not just the local government but the people have been excited about what we are doing. This is a brand-new industry in a brand-new state and they are on the forefront, they took the chances early for us and we are happy for that and they are happy for it, too.”

 

[momofthegoons]

The New Criminal and Civil Penalties under Michigan’s New Marijuana Law

With the passing of the Michigan Regulation and Taxation of Marijuana Act (MRTMA) aka Proposal 1, there is a brand new and quite revolutionary set of laws which govern marijuana activities. They are quite different than what we are used to and it will take some time to get accustomed. Nevertheless, they are important to understand so here is a summary: (note – the interpretation summarized below was confirmed by the principle drafter of this portion of the initiative because its not always easy to discern).

We all now know that an adult possessing marijuana is legal but what about using it in public, or possessing more than what you are allowed to have? How about driving under the influence of marijuana or selling it without a license? Below I will break it down by separating different offenses by their penalties. (the applicable section number from which the penalty is derived in in parentheses)

$100 civil infraction (Sec. 15.1)
An adult using marijuana in public is punishable by a $100 fine. That is it. No matter how many times you commit the offense, it will always be no more than a $100 civil infraction. The same is true for cultivating marijuana in your residence in a manner where the plants are visible to another standing in a public place. Also, possessing more than 2.5 ounces of marijuana at your home without the excess being secure enough to restrict access from others. These three actions are punishable by a $100 fine only and forever.

Possessing or growing more less than two times the amount allowed by law (Sec. 15.2)
The MRTMA permits the purchase and possession of 2.5 ounces of marijuana at one time. An exception is in one’s residence, an adult may possess up to 10 ounces and cultivate up to 12 marijuana plants. What are the penalties for possessing more than these amounts? The MRTMA makes a distinction of whether the amount possessed was more or less than two times the allowable amount. For instance, if an adult possessed 4.5 ounces of marijuana in their vehicle, which is less than two times the amount permitted (2.5 x 2 = 5.0), the penalty is as follows:

First violation : civil infraction punishable by up to a $500 fine only
Second violation : civil infraction punishable with a fine not more than $1,000
Third and subsequent violation : misdemeanor punishable with a fine not more than $2,000

All of these offenses also cary the penalty of confiscation of the marijuana. What is interesting, is the fact that once a person commits two violations for these acts, every following violation, for the rest of their life, is a misdemeanor. They will never go to jail (save for contempt of court) but its a criminal offense that will be reported to your record. The fine is quite large as well. Soon there will be the question of whether non-payment of the fine is grounds for a jail sentence and, if so, how much? Some court’s will undoubtedly cite a failure to pay the fine as a contempt of court punishable by up to 90 days in jail. Of course there are arguments against this interpretation so it will eventually be litigated to the Michigan Supreme Court. We can expect that process to take a few years.

This section explains what the penalty is for cultivating up to 24 plants or possessing not more than 2.5 ounces of marijuana. What if someone cultivates 25 plants?

Possessing or growing more than two times the amount allowed by law (Sec. 15.4)
The penalty for possessing more than twice the amount allowed is a misdemeanor but the maximum fine is not identified nor does the number of violations matter. What does matter is whether there is proof that the violation was “habitual, willful and for a commercial purpose”. If so, the person can be punished by a maximum jail term of one year. If it cannot be proven there is any “commercial purpose” the penalty is a misdemeanor without any potential jail time. Commercial could be defined to mean profit, trade, business or money oriented. Therefore, a person possessing a half pound of marijuana with the intent or purpose of selling it to another over the age of 21 will be subject to a misdemeanor, probation and potential jail time. The government will likely argue that civil asset forfeiture will also be possible in this circumstance. What happens if there is a distribution or sale of marijuana to a person under the age of 21?

Marijuana Offenses Specific to persons under the age of 21 years old (Section 15.3)
There are offenses and penalties that are specific to those younger than 21 years of age but only if they are in possession of an amount equal to or less than 2.5 ounces or 12 plants. The following offenses are captured under this section:

• using marijuana in public
• delivery of marijuana to a person under the age of 21 or its receipt by someone under the age of 21
• possessing or consuming while on school grounds

Under these circumstances if the offender is under the age of 18 the penalties are different as well as the number of previous offenses.

• A first offense is a civil infraction with a fine of $100 or community service and the completion of a four hour drug education class.
• A second offense is a a civil infraction with a fine of $100 or community service and the completion of an eight hour drug education class.

For those between the ages of 18 and 21 the penalties are the same but without the requirement of drug education/counseling.

Marijuana Offenses The Penalties for Which Will Not Change Despite the MRTMA

There are several offenses that are not specifically enumerated by the MRTMA. Those offenses will be punished as they would be before prop 1 passed on November 11, 2018. These offenses include the following:

Distribution of marijuana to a person under the age of 21 is a felony punishable by up to four years in prison. It does not matter if there was an exchange of money. Further, the distribution of marijuana to any person in exchange for money otherwise known as “remuneration”, is a felony punishable by up to four years in prison.

Marijuana Offenses Newly Created by the MRTMA
The following offenses where specifically prohibited by the MRTMA but the penalty was not identified:

• Consuming marijuana while driving (not driving under the influence of marijuana).
• Smoking marijuana in the passenger compartment of a vehicle
• Possessing or consuming marijuana on school grounds or a correctional facility (over the age of 21)
• Butane extraction in a residence or vehicle

These actions are prohibited by the MRTMA but there is no similar offense for this conduct in the Controlled Substance Act. It could be argued that they should not be penalized at all. I anticipate legislation to cover this issue.

The criminal changes to marijuana law in Michigan are significant and comprehensive. They are going to take some getting used to but they are probably the best set of marijuana criminal/civil infraction laws in the country.