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.
Section 3 establishes the definitions for things in the act itself.
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 3
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 ofdelta-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:
Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557.
(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.
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.
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.
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.
Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557.
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.
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.
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.
“State authorities believe the officer skipped a step in the test meant to ensure the readings are accurate.”
Before you read the article below think of this…
Note: The time you can never get back, money you will never get back, opportunities you should have had and you will still be on the s-list for insurance carriers to scam you out of more money.
If you sue… the taxpayers will get bill once again and the cop will blame it on lack of training, no manual enclosed or the equipment and take several people down with him or her.
One would assume this police officer testified in court or in an affidavit countless times that they were an expert and had specialized training for this “public service”. You can be assured the tax payers covered this training. This cop will move on to other things and probably become a high paid political consultant and news caster. Ahhh Politics…the new career path for those with no real skills except selling snake oil.
Nov. 13, 2018 / 4:10 PM EST
By Associated Press
TRENTON, N.J. — A ruling issued Tuesday by the New Jersey Supreme Court could cause more than 20,000 drunken driving convictions to be vacated.
The justices unanimously found that criminal charges pending against a state police sergeant made breath-testing device test results from five counties inadmissible as evidence.
Sgt. Marc Dennis was in charge of calibrating the devices, and authorities have alleged that he skipped a required step in the calibration process. Dennis has denied any wrongdoing and has pleaded not guilty to records tampering and other charges.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, or any other crimes. Contact Komorn Law at 800-656-3557 to ensure you’re defended by experienced lawyers.
The court’s decision means that as many as 20,667 DWI convictions could now be challenged, according to state authorities and the lawyer for the now-dead plaintiff who brought the case that the court ruled on.
The accusations against Dennis called into question any test result involving a machine he handled, including devices used by local police in Middlesex, Monmouth, Ocean, Somerset, and Union counties between 2008 and 2016.
State authorities have maintained that the step Dennis allegedly skipped was one of several redundancies and fail-safes meant to ensure the readings are accurate. They claim that omitting that one step didn’t invalidate the results, noting New Jersey is the only state that requires the step.
The Supreme Court, though, sided with Judge Joseph Lisa, who was appointed as a special master to handle the issue. He found the step omission raised substantial doubts about the reliability of the machines.
As part of their decision, the justices ordered state authorities to notify anyone whose case involved results from machines Dennis calibrated. They must tell them that those results were not scientifically sound, so they can decide whether they want to go to court and seek to have their convictions vacated.
Attorney Michael Komorn is recognized as a leader in community and legal defense in cases involving the Michigan Medical Marihuana Act and . He is also the President of the Michigan Medical Marijuana Association (MMMA), a non-profit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Don’t forget even though marijuana is legalized in the State of Michigan the police still need a way to generate payroll. Treat marijuana or cannabis as many call it with the same approach as alcohol. Don’t smoke and drive. Remember it is still a schedule 1 drug until it’s not. They will be watching and taking.
Here’s a release from the Michigan State Police
Impaired Driving Law
It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle.
Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana.
Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law800-656-3557.
Costs and Consequences of a Drunk Driving Conviction
If BAC is below .17 and this is a first offense:
Up to $500 fine
Up to 93 days in jail
Up to 360 hours of community service
Up to 180 days license suspension
6 points on a driver’s license
If BAC is .17 or higher and this is a first offense:
Up to $700 fine
Up to 180 days in jail
Up to 360 hours of community service
Up to one year license suspension
6 points on a driver’s license
Mandatory completion of an alcohol treatment program
Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.
Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.
Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.
Safer Alternatives
Tens of thousands of people are arrested annually in Michigan for alcohol-related driving offenses. To avoid a drunk driving arrest and the costs associated with such an arrest:
Designate a sober driver before drinking alcohol
Call a friend, cab, ride service, walk, or take the bus
Stay overnight
Thanks Officers
Note: Remember recreational marijuana is a new venture and many regulations and laws will evolve. This page is for informational purposes. Please consult an attorney and check often for updates. So your best bet is to check with the most experienced and community involved attorney in Michigan…Michael Komorn
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 30,000 members, which advocates for the rights of medical marijuana patients and their caregivers. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
Hover your mouse over the map or tap to see the number of yes and no votes county by county for Michigan Proposition 1 to legalize recreational marijuana.
In case you were born yesterday the Proposal 1 did pass and recreational marijuana will be legal 10 days after the vote has been certified.
The vote is supposed to be certified by November 26, 2018 in which case the official legal status should be around Dec 6, 2018.
Remember it will be regulated, taxed, controlled, hated and loved. Let’s move forward with respect and humbleness for this state win that has been a struggle for so many years. Next is Federal status.
Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law800-656-3557.
