House Bill 5107 – The MRTMA Shuffle

House Bill 5107 – The MRTMA Shuffle

Michigan House Bill 5105 proposes new marijuana penalties and possession limits to combat illicit cannabis operations.

Michigan’s Cannabis Regulation Challenges

Since Michigan legalized recreational marijuana in 2018 under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), the state has faced ongoing challenges with illegal grow operations and unlicensed distribution. The Cannabis Regulatory Agency (CRA) has struggled to enforce limits on personal possession and cultivation, especially when large-scale operations disguise themselves as personal use.

To address these concerns, lawmakers introduced House Bill 5107 on October 22, 2025, sponsored by Rep. Mike Hoadley and co-sponsored by several others. The bill aims to amend Sections 5 and 15 of MRTMA (MCL 333.27955 and MCL 333.27965) to redefine the allowable amounts of marijuana for personal use and possession

What HB 5107 Proposes

HB 5107 modifies the legal thresholds for marijuana possession and cultivation. The bill proposes reducing the number of plants and the amount of usable marijuana individuals can possess without triggering criminal penalties. It also clarifies the distinction between personal use and commercial-scale activity.

The bill is tie-barred to HB 5105, meaning both must be passed together. HB 5105 updates the penalties for marijuana-related offenses, while HB 5107 sets the legal possession limits. This ensures that enforcement is consistent and that penalties are applied fairly based on updated thresholds.

Don’t worry the bill is tie-barred to House Bill 5105

How HB 5105 and HB 5107 Work Together

  • HB 5105 amends the Michigan Public Health Code (MCL 333.7401) to redefine criminal penalties for marijuana-related offenses. It introduces tiered penalties based on the amount of marijuana or concentrate possessed or manufactured.
  • HB 5107 amends the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27955 and MCL 333.27965) to modify the allowable amounts of marijuana for personal use and possession.

Because HB 5105 sets penalties and HB 5107 sets the legal possession limits, the two bills are interdependent. For example, if HB 5107 changes the legal threshold for personal possession, HB 5105 must reflect those changes in its penalty structure. The tie-bar ensures that enforcement and legal standards remain aligned.

Read the HB5105 article HERE (But finish this article first)

You can read the full bill texts here:

What Does “Tie-Barred” Mean?

In Michigan legislative terms, a tie-bar means that one bill is legally connected to another. If two bills are tie-barred, they must both be passed for either to take effect. This ensures that related legal changes are implemented together, maintaining consistency across statutes.

Key Details of HB 5107

  • Introduced: October 22, 2025

  • Sponsors: Rep. Mike Hoadley (R-99), Joseph Aragona, Ken Borton, Parker Fairbairn, Douglas Wozniak, Jerry Neyer

  • Committee: House Regulatory Reform

  • Purpose: Modify allowable marijuana possession and cultivation limits

  • Tie-Barred: Must be passed alongside HB 5105

Proposed Possession Limits

  • Usable Marijuana:

    • Reduced personal possession limits for flower and concentrate

    • Clarifies what constitutes “personal use” vs. trafficking

  • Cultivation:

    • Limits the number of plants individuals can grow at home

    • Sets thresholds that trigger misdemeanor or felony charges under HB 5105

You can read the full bill texts here:

View the relevant law at [MCL 333.7401]

Frequently Asked Questions (FAQs)

FAQs About HB 5107

Q1: What does “tie-barred” mean in HB 5107? A1: It means HB 5107 cannot become law unless HB 5105 is also passed. They are legally linked.

Q2: Does HB 5107 affect medical marijuana users? A2: HB 5107 targets recreational possession limits. Registered medical users following state guidelines are not directly affected.

Q3: Is HB 5107 currently law? A3: No. As of November 2025, HB 5107 is still under review by the House Regulatory Reform Committee.

Legal Defense: Komorn Law PLLC

If you or someone you know is facing marijuana-related charges under from the cannabis enforcement teams or federal drug laws, Attorney Michael Komorn of Komorn Law PLLC offers aggressive and strategic defense. With decades of experience in cannabis law and federal litigation, Komorn Law understands the nuances of Michigan’s evolving marijuana regulations and how to challenge overreach or misapplication in court.

Komorn Law can:

  • Challenge unlawful search and seizure
  • Dispute quantity assessments and intent
  • Navigate federal vs. state law conflicts
  • Advocate for reduced or dismissed charges
Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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House Bill 5105 – The MRTMA Shuffle

House Bill 5105 – The MRTMA Shuffle

Michigan House Bill 5105 proposes new marijuana penalties and possession limits to combat illicit cannabis operations.

Michigan’s Cannabis Laws

Since Michigan legalized recreational marijuana in 2018, the state has worked to balance personal freedom with public safety. However, large-scale illegal grow operations and unregulated cannabis distribution continue to challenge law enforcement and the Cannabis Regulatory Agency (CRA). In response, lawmakers introduced a series of bills in October 2025 to tighten regulations and redefine penalties.

One of the most prominent proposals is House Bill 5105, introduced on October 22, 2025, by Rep. Pauline Wendzel and others. The bill aims to amend Section 7401 of the Michigan Public Health Code (MCL 333.7401) to update criminal penalties for marijuana-related offenses based on quantity and intent

What HB 5105 Proposes

HB 5105 seeks to distinguish between personal use and large-scale illegal operations by setting clear thresholds for marijuana possession and manufacturing. The bill introduces tiered penalties based on weight, plant count, and concentrate volume.

For example, possessing 10 to 25 kilograms of marijuana or 50 to 100 plants would result in a misdemeanor, while quantities exceeding 250 kilograms or 1,000 plants could lead to felony charges with up to 10 years in prison.

The bill also addresses marijuana concentrates, which have grown in popularity. Possession of 1 to 2.5 kilograms of concentrate would be treated as a misdemeanor, while more than 10 kilograms could trigger felony charges. These changes aim to give law enforcement clearer guidelines and help the CRA target large-scale illicit operations more effectively

Don’t worry the bill is tie-barred to House Bill 5107

How HB 5105 and HB 5107 Work Together

  • HB 5105 amends the Michigan Public Health Code (MCL 333.7401) to redefine criminal penalties for marijuana-related offenses. It introduces tiered penalties based on the amount of marijuana or concentrate possessed or manufactured.
  • HB 5107 amends the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27955 and MCL 333.27965) to modify the allowable amounts of marijuana for personal use and possession.

Because HB 5105 sets penalties and HB 5107 sets the legal possession limits, the two bills are interdependent. For example, if HB 5107 changes the legal threshold for personal possession, HB 5105 must reflect those changes in its penalty structure. The tie-bar ensures that enforcement and legal standards remain aligned.

You can read the full bill texts here:

What Does “Tie-Barred” Mean?

In Michigan legislative terms, a tie-bar means that one bill is legally connected to another. If two bills are tie-barred, they must both be passed for either to take effect. This ensures that related legal changes are implemented together, maintaining consistency across statutes.

Key Details of HB 5105

  • Introduced: October 22, 2025

  • Sponsors: Reps. Wendzel, Aragona, Borton, Fairbairn, Wozniak, Neyer

  • Committee: Regulatory Reform

  • Purpose: Amend penalties under MCL 333.7401 for marijuana-related crimes

  • Focus Areas:

    • Unlicensed manufacturing

    • Possession thresholds for flower and concentrate

    • Differentiation between personal and commercial-scale offenses

Penalty Breakdown

  • Misdemeanor Offenses:

    • 10–25 kg of marijuana

    • 50–100 plants

    • 1–2.5 kg of concentrate

  • Felony Offenses:

    • Over 250 kg of marijuana

    • Over 1,000 plants

    • Over 10 kg of concentrate

    • Up to 10 years imprisonment for highest tier offenses

Frequently Asked Questions (FAQs)

What is Michigan House Bill 5105?

Answer: House Bill 5105 is a proposed amendment to Michigan’s Public Health Code (MCL 333.7401) that redefines criminal penalties for marijuana-related offenses. It introduces tiered punishments based on the amount of marijuana or concentrate possessed or manufactured, aiming to target large-scale illegal cannabis operations while distinguishing them from personal use.

Who introduced HB 5105 and why?

Answer: HB 5105 was introduced on October 22, 2025, by Rep. Pauline Wendzel and co-sponsored by several other lawmakers. The bill was created in response to growing concerns about unlicensed marijuana grow operations and trafficking, which pose risks to public safety and undermine Michigan’s regulated cannabis market.

What are the proposed penalties under HB 5105?

Answer: The bill proposes penalties based on possession thresholds:

  • Misdemeanor: 10–25 kg of marijuana, 50–100 plants, or 1–2.5 kg of concentrate.
  • Felony: Over 250 kg of marijuana, over 1,000 plants, or over 10 kg of concentrate, with up to 10 years imprisonment.

These penalties are designed to differentiate between personal use and commercial-scale illegal activity.

Does HB 5105 affect medical marijuana patients?

Answer: No, HB 5105 does not directly target registered medical marijuana patients who comply with Michigan’s medical cannabis laws. The bill focuses on unlicensed manufacturing and possession beyond legal limits, particularly in cases involving trafficking or large-scale cultivation.

Is HB 5105 currently law?

Answer: As of November 2025, HB 5105 is still under review by the House Regulatory Reform Committee. It has not yet been passed into law. You can track its progress and read the full bill text on the Michigan Legislature Website.

Legal Defense: Komorn Law PLLC

If you or someone you know is facing marijuana-related charges under from the cannabis enforcement teams or federal drug laws, Attorney Michael Komorn of Komorn Law PLLC offers aggressive and strategic defense. With decades of experience in cannabis law and federal litigation, Komorn Law understands the nuances of Michigan’s evolving marijuana regulations and how to challenge overreach or misapplication in court.

Komorn Law can:

  • Challenge unlawful search and seizure
  • Dispute quantity assessments and intent
  • Navigate federal vs. state law conflicts
  • Advocate for reduced or dismissed charges
Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Michigan Cannabis Tax Bill HB4951- Passed

Michigan Cannabis Tax Bill HB4951- Passed

In case you did not know…

In September 2025, the Michigan Legislature passed House Bill 4951, known as the Comprehensive Road Funding Tax Act. This legislation introduces a significant change to the taxation of marijuana in Michigan, with implications for cannabis businesses and consumers alike.

Overview of HB4951

Effective January 1, 2026, HB4951 imposes a new 24% excise tax on wholesale marijuana transfers. This tax applies to:

  • Transfers from marijuana establishments to retail licensees.

  • Transfers from provisioning centers to retail licensees.

  • Marijuana cultivated or processed by retailers for direct sale.

The tax is calculated based on the wholesale price, which includes all fees and charges but excludes discounts or rebates. The Michigan Department of Treasury will administer the tax, including rulemaking, collection, and enforcement.

Revenue Allocation

The revenue generated—estimated at $420 million annually—will be distributed between two newly created funds:

  • Comprehensive Road Funding Fund: Supports administration and implementation of the act.

  • Neighborhood Road Fund: Finances road construction, maintenance, and preservation across Michigan.

For fiscal year 2025–26, $3 million will be allocated to the Comprehensive Road Funding Fund, with the remainder going to the Neighborhood Road Fund. In subsequent years, the administrative allocation will be reduced to $500,000, adjusted annually for inflation.

Legislative Background

HB4951 was introduced by Rep. Samantha Steckloff (D–Farmington Hills) as part of a broader infrastructure funding package. It complements other bills addressing fuel taxes, corporate income tax, and insurance assessments. The legislation reflects Michigan’s strategic shift toward leveraging cannabis industry revenues to address long-standing infrastructure needs without increasing general taxes.

Frequently Asked Questions (FAQs)

1. What is the purpose of HB4951? HB4951 aims to generate sustainable funding for Michigan’s road infrastructure by imposing a new excise tax on wholesale marijuana transactions.

2. Who is affected by the new 24% marijuana tax? Cannabis businesses—specifically growers, processors, provisioning centers, and retailers—will bear the tax burden. While consumers won’t pay this tax directly, retail prices may increase as businesses adjust.

3. How is the wholesale price determined? For unaffiliated transactions, it’s the actual price paid, including fees. For affiliated entities or self-produced marijuana, the Department of Treasury will publish an average wholesale price quarterly.

4. Where does the tax revenue go? Funds are split between the Comprehensive Road Funding Fund (for administration) and the Neighborhood Road Fund (for road projects statewide).

5. When does HB4951 take effect? The new tax structure begins on January 1, 2026, contingent on the enactment of related bills (HB4183, HB4961, HB4968) addressing fuel, income, and insurance taxes.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Don’t worry – There’s always a workaround

Don’t worry – There’s always a workaround

In case you did not know…

The Michigan Supreme Court has ruled that the smell of marijuana alone is no longer sufficient probable cause for police to conduct a warrantless search of a vehicle. This decision overturns a previous precedent where the odor of marijuana was considered enough justification for a search.

The Court reasoned that because the use and possession of marijuana is now legal for adults in Michigan under certain circumstances (following the Michigan Regulation and Taxation of Marihuana Act – MRTMA), the smell of marijuana no longer automatically indicates illegal activity. The odor could just as likely be associated with the legal possession or recent legal use of marijuana.

Therefore, the Court concluded that while the smell of marijuana can still be a factor in determining probable cause, it must be accompanied by other specific and articulable facts indicating illegal activity to justify a search.

This ruling stems from a case where a firearm was found in a vehicle after a search was conducted based solely on the smell of marijuana. The Supreme Court sided with the lower courts in suppressing the evidence, stating that the initial search was unlawful because the smell of marijuana alone did not provide probable cause in light of the state’s legalization of cannabis.

This decision is a significant shift in Michigan law and will likely impact how law enforcement conducts vehicle searches. It emphasizes the need for additional evidence beyond the smell of marijuana to establish probable cause for a search.

They can’t say because we smell weed we are going to search your car. Because the whole town may reek.  Alas… there are a hundred other words to choose from to make the arrest.

They have to say something else now. If you’re sitting behind the wheel of a motorized vehicle all a police officer has to say is “I believe you’re impaired”. And operating a motor vehicle impaired is a crime.

So don’t think this is a win. Maybe a little one.

Read the ruling linked below.

Michigan Supreme Court Smell of marijuana no longer legal grounds for search

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Supreme Court Rejects Gun Rights Cases Leaving Weapons Ban Unresolved

Supreme Court Rejects Gun Rights Cases Leaving Weapons Ban Unresolved

Supreme Court Rejects Gun Rights Cases, Leaving Assault Weapons Ban Unresolved

In a surprising move, the U.S. Supreme Court recently declined to hear two major gun rights cases, leaving unresolved questions about the constitutionality of assault weapons bans and high-capacity magazine restrictions. While the Court gave no explanation for its decision, several conservative justices voiced concern, signaling that the issue may return to the docket soon.

The cases involved challenges to state laws banning popular firearms like the AR-15 and limiting magazine capacity. These laws were contested under the precedent set by District of Columbia v. Heller (2008), which affirmed an individual’s right to possess firearms for self-defense. The Court’s refusal to hear the cases means lower court rulings upholding these bans remain in effect—for now.

  • Assault Weapons Ban Challenges

    Plaintiffs argued that AR-15-style rifles are in “common use” and thus protected under Heller. Lower courts disagreed, citing public safety concerns.

  • High-Capacity Magazine Restrictions

    States like California and New York limit magazines to 10 rounds. These laws were upheld despite arguments that they infringe on Second Amendment rights.

  • Justice Statements

    Justices Alito, Thomas, and Gorsuch dissented from the denial, suggesting the Court should clarify its stance on modern firearm regulations.

Frequently Asked Questions (FAQs)

 

Q: Why did the Supreme Court reject the cases? A: The Court did not provide a reason, but some justices indicated the issue may be revisited soon.

Q: Are assault weapons banned nationwide? A: No. Bans vary by state. The Court’s decision leaves state laws intact.

Q: What is the AR-15 and why is it controversial? A: It’s a semi-automatic rifle often used in mass shootings, prompting calls for regulation.

Q: What does “common use” mean in gun law? A: It refers to weapons widely owned by law-abiding citizens, which may be protected under the Second Amendment.

Q: Can states still pass new gun laws? A: Yes. States retain the power to regulate firearms unless a law is struck down by the courts.

Legal Defense: Komorn Law PLLC

When your rights are on the line, hire Komorn Law, established in 1993, to fight for you from district court to the federal level. Call our office at 248-357-2550.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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