In case you were born yesterday the Proposal 1 did pass and recreational marijuana is legal.  We are going to break down the sections of the act in a series of posts to make it easier to understand.  This act may and most likely will evolve as it becomes law and lawmakers get their fingers in the pie.

Why is marijuana spelled with an H and a J?

Michigan’s spelling is primarily sourced from the original spelling of the word, which first appears in US law in the Marihuana Tax Act of 1937, drafted by the infamous Harry Anslinger, head of the Bureau of Narcotics under FDR.  Its origins are in , Mexican-Spanish, and the later modern spelling using a “j” was an uniquely American one.  Canada spells it with an “h” as well, as does the federal government on occasion. As governing state laws spell marihuana with an “h,” communication from BMMR in relation to the Medical Marihuana Act or facility licensing and the applicable administrative rules will use an “h” in the spelling of Marihuana.

The Beginning – Sections 1 and 2 simply establish the reason for the law. Read on.

This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.

INITIATION OF LEGISLATION 

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:

SECTION 1

This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.

Section 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.