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.
Sec. 4. 1. This act does not authorize:
Sec. 4. 1. This act does not authorize:
(a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana;
(b) transfer of marihuana or marihuana accessories to a person under the age of 21;
(c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;
(d) separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure;
(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;
(f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
(h) possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or
(i) Possessing more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557.
2. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.
3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer’s property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person’s violation of a workplace drug policy or because that person was working while under the influence of marihuana.
4. This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.
5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act.
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.
The “marijuana” attorney clones are spawning out of mist to hop on the cannabis train that very few lawyers, activists and victims of the system struggled to get a seat on. Those people are the ones that fought all along for the rights of those charged with marijuana “crimes”, fought for medical marijuana and exposed themselves to the public to eventually get marijuana recognized enough as OK to be recreational.
These few attorneys know and understand the community and have been part of the community. The lawyers now appearing out of thin air as “experienced” and marketing for a page 1 slot position in a Google search have not been in the trenches. There are some that fought from the shadows and offered support, but they gained no experience from not facing the challenges. Some attorneys viewed these types of cases as a quick income and knew well in advance they were going to plea out.
The new marijuana laws are intricate, evolving to adapt and require special attention to understand. You want someone who knows the inner workings of state and local governments and the laws where your business operates.
Thinking of starting a cannabis related business in Michigan? Contact Komorn Law 800-656-3557. But first do your homework like the article says. It’s OK we welcome it. Start at the bottom of this page. Finish the article first!
DON’T BELIEVE THE HYPE
Before hiring an attorney or legal consultant don’t believe the hype they put out. Do your homework and check to see if the lawyer you’re looking at has some connection to the community and has focused their practice around marijuana. It doesn’t mean they should be 100% focused on it but a sizable portion of their practice should be the main focus.
CHECK THEM OUT
If they claim to be part of the community – check it out. Ask people in the cannabis community who they would refer or go to. Then ask why and what their experience was with the attorney.
If the attorney claims victory after victory with little or no information (yes – there are privacy issues) something may be off. One could make stories up all day long.
WHAT ELSE DO THEY DO
Do they upload videos to you tube? Do they have a radio show? What do their reviews look like? Do the reviews look real? Look into it. This is the person that’s going to be the one who has your back, keep you safe and stand up for you if you screw something up.
WORD OF MOUTH
This article could go on and on but by now you should have been motivated to do your homework and make some good choices. This article was not made for SEO and Googlized to be #1. It was made make you think and be proactive. Remember word of mouth has always been the best form of advertising. The best thing to do is just ask the people who were already there and happy with the results. Then dig deeper. Oh yeah…RIP- Stan Lee.
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.
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.
Gov.-elect Gretchen Whitmer will pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes that will become legal under the state’s pending recreational marijuana law, she indicated Wednesday.
Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law800-656-3557.
“I think that the people of Michigan have said that for conduct that would now be legal, no one should bear a lifelong record for that conduct,” Whitmer said in her first press conference since winning election over Republican Bill Schuette on Tuesday night.
Voters approved Proposal 1 to legalize adult marijuana possession and set up a system to license businesses.
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.
Michigan Voters Say Yes to Proposal 1 – Record Expungements Next?
Keep the momentum going and push for legislation to allow expungements for people with marijuana related criminal records.
When will marijuana be legal?
Michigan voters on Tuesday November 6, 2018 approved Proposal 1 to legalize recreational marijuana. 10 days after the election results are certified, which should be by early December. Adults will no longer be arrested or have their belongings taken for simple possession and use of marijuana.
Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law800-656-3557.
What about people who have past marijuana related convictions?
There is a bill pending in the Legislature to require judges to consider expunging the records of people convicted of many misdemeanor marijuana offenses that will no longer be crimes under the marijuana legalization.
The new governor Gretchen Whitmer — also could consider pardoning some criminal offenders. She has said she would favor some sort of expungement for low-level marijuana offenses.
In other states where legalization has passed, California, Colorado, Maryland, New Hampshire and Oregon have taken steps to make it easier for people to get their convictions sealed or expunged.
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.
