Proposed Michigan Regulation and Taxation of Marihuana Act – Penalties

Voting for Marijuana legalization is coming to the Michigan electoral ballot this Tuesday, November 6, 2018. Here is information regarding the Penalties in the Proposed Michigan Regulation and Taxation of Marihuana Act

Komorn Law receives questions on a daily basis from medical marijuana patients, growers and prospective marijuana business owners about how it differs from the current Michigan Medical Marihuana Act.

The ballot is expected to pass and it is important for Michigan marijuana business owners to know what the ballot initiative is about.

Officially called the Michigan Regulation and Taxation of Marihuana Act, was written by the Coalition to Regulate Marijuana Like Alcohol (RMLA).

The main proposals in the ballot.

• Age Regulation
• Possession Amount
• Taxation and Tax Allocation
• Penalties

Here is a brief look at the penalties…

Penalties

A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person
consents to another disposition authorized by law:

1. Except for a person who engaged in conduct described in sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), a person who possesses not more than the amount Initiation of Legislation – Michigan Regulation and Taxation of Marihuana Act
of marihuana allowed by section 5, cultivates not more than the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than the amount of marihuana allowed by section 5, is responsible for a civil infraction and may be punished by a fine of not more
than $100 and forfeiture of the marihuana.

2. Except for a person who engaged in conduct described in section 4, a person who
possesses not more than twice the amount of marihuana allowed by section 5, cultivates not more than twice the amount of marihuana allowed by section 5, delivers
without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice the amount of marihuana allowed by section 5:

(a) for a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana;

(b) for a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana;

(c) for a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.

3. Except for a person who engaged in conduct described by section 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:

(a) for a first violation, is responsible for a civil infraction and may be punished as
follows:

(1) if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or

(2) if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana.

(b) for a second violation, is responsible for a civil infraction and may be punished as
follows:

(1) if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling; or
Initiation of Legislation – Michigan Regulation and Taxation of Marihuana Act 

(2) if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana.

4. Except for a person who engaged in conduct described in section 4, a person who possesses more than twice the amount of marihuana allowed by section 5, cultivates more than twice the amount of marihuana allowed by section

5, or delivers without  receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by section 5, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.

More Complete and Detailed Info

• Initiation of the Michigan Regulation and Taxation of Marihuana Act – Detailed

Laws change – so please consult an attorney before taking any legal action or doing anything you may have the slightest feeling is illegal when it comes to marijuana / cannabis personal or commercial use.