Legalized Recreational Marijuana in 9 States and DC – Is Michigan Next?
Michigan
Voters will decide Nov. 6, 2018 whether to legalize recreational marijuana statewide. Here’s a great report from Michael Crowe which was posted on ClickonDetroit.com
Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.
The basics
The proposal that will appear on the Nov. 6 ballot is titled Michigan Marijuana Legalization Initiative (MMLI), and it would allow persons 21 years of age or older to possess and use marijuana as long as they’re not in public or driving under the influence. Should MMLI pass, individuals would be allowed to carry up to 2.5 ounces of marijuana on their person and possess up to 10 ounces at home. They would additionally be allowed to grow up to 12 marijuana plants at their residence.
However, municipalities would be able to limit or ban marijuana businesses within their boundaries. MMLI would also impose a retailer-paid excise sales tax of 10% on marijuana sales in addition to the state’s standard sales tax of 6% paid by the consumer.
Taxation
The 10% excise tax rate would essentially make Michigan the state with the lowest overall tax rate on recreational marijuana in the nation. Colorado imposes a 15% excise tax and 15% sales tax on recreational marijuana sales. Oregon has a 17% sales tax with up to 3% in local taxes. Washington maintains a hefty sales tax of 37% on recreational sales. California, Nevada, Alaska, Massachusetts and Maine also have higher overall taxes on the product than Michigan would if voters approve MMLI.
Opponents of the ballot initiative have actually seized upon its relatively low tax as an argument for their side. “Michigan would become the marijuana capital of America if this passes,” said Scott Greenlee, president of anti-legalization group Healthy and Productive Michigan. “The 10 percent tax rate is the lowest of any state that has recreational marijuana, and yet people would be able to have more of it on them and in their homes than anywhere in America.”
Revenue allocation
The idea behind MMLI’s restrained excise tax is to encourage consumers to shop in the legal marketplace rather than the illegal one, while still raising the hundreds of millions of dollars necessary to provide significant funding for the following:
Administrative costs in Michigan’s Department of Licensing and Regulatory Affairs
$20 million annually (for at least two years or until 2022) to research the use of marijuana in treating U.S. military veterans and preventing veteran suicide
All remaining revenue would be divided as such:
15% to cities in proportion to the number of marijuana retail stores or micro-businesses within the city
15% to counties in proportion to the number of marijuana retail stores or micro-businesses within the county
35% to the school aid fund for K-12 education
35% to the Michigan transportation fund for the repair and maintenance of roads and bridges
Even some proponents of MMLI admit, however, a 10% excise tax won’t be sustainable in the long-run as supply catches up with demand and prices drop. Matthew Abel, a senior partner at Cannabis Counsel (a marijuana law firm in Detroit) and the executive director of the Michigan chapter of the National Organization for the Reform of Marijuana Laws, explained that the state legislature will have to take action in the future if it wants to sustain recreational marijuana revenue.
In Colorado, higher taxes on recreational marijuana enable the first $40 million to go to education and infrastructure projects in the state. Local governments that have approved marijuana businesses also get a share of the revenue, as they would in Michigan. The rest enters a Marijuana Tax Cash Fund that is used for a variety of aims.
Timing and more
Should Michigan voters approve the recreational marijuana ballot initiative on Nov. 6, the state’s Department of Licensing and Regulatory Affairs would not begin accepting business applications until December 2019. For 24 months after that, the department can only accept applications from Michigan residents who already have a license to operate a medical marijuana facility.
The slow timeframe bears a resemblance to Colorado’s recreational marijuana rollout. Voters there legalized the substance in 2012, but the first businesses didn’t open until January 2014. Also like Colorado, Michigan’s recreational marijuana proposal does not prohibit employers from drug testing their employees and making disciplinary decisions based on such tests.
A recent poll suggests Michigan’s vote on MMLI is likely to be close, but the broader national trend feels like a tipping point has been reached on marijuana legalization. Thirty states have legalized it in one form or another, recreational use is now legal along the entire West Coast and a number of Democratic senators are gearing up to propose legislation to decriminalize and regulate marijuana at the federal level.
Read more and check for follow up stories here at Click On Detroit
Alaska Medical Marijuana Laws: The possession limits for medical marijuana patients are the same as the limits for adult users.
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz
Plants: up to 6 plants with no more than 3 mature plants
Hash & Concentrates: Possession of hash and concentrates is illegal. Possession of up to 3 g is a misdemeanor, more is a felony.
Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.
2. California
State Marijuana Laws
Ballot Measure: Proposition 64: The Adult Use Marijuana Act — Approved Nov. 9, 2016 by 57% of voters
Effective: Nov. 9, 2016 (revised penalties); Jan. 1, 2018 (retail sales); 2023 (restrictions to be lifted on large-scale corporations)
California Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the recreational law and may possess up to 8 oz usable marijuana, and 6 mature or 12 immature plants.
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz
Plants: up to 6 plants, including the harvest from those 6 plants
Hash & Concentrates: up to 8 g (more than 8 g is a misdemeanor)
3. Colorado
State Marijuana Laws
Ballot Measure: Amendment 64 (55%) — Approved Nov. 6, 2012 by 55% of voters
Colorado Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the recreational law and may possess up to 2 oz usable marijuana, and 6 plants (3 mature and 3 immature).
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz
Plants: up to 6 plants with no more than 3 mature plants
Hash & Concentrates: up to 1 oz
4. Maine
State Marijuana Laws
Ballot Measure: Question 1 — Approved Dec. 17, 2016 (after recount of Nov. 8, 2016 election results was abandoned) by 50.26% of voters
[Editor’s Note: On May 2, 2018, the Maine House (109-39) and Senate (28-6) voted to override Gov. Paul LePage’s veto of LD 1719 (Chapter 409 Public Law) . The Department of Adminstration and Financial Services is required to present regulatory rules for legal sale and production of marijuana to the legislature in January 2019; marijuana retail shops are expected to open no sooner than Spring 2019. The bill lowers the recreational marijuana possession limits from 6 mature plants to 3 mature plants.]
Maine Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the recreational law and may possess up to 2.5 oz marijuana and 6 plants.
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 2.5 oz
Plants: up to 3 flowering plants, 12 immature plants, unlimited seedlings, and all marijuana produced from the plants
Hash & Concentrates: up to 5 g
5. Massachusetts
State Marijuana Laws
Ballot Measure: Question 4 — Approved Nov. 8, 2016 by 53.66% of voters
Massachusetts Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the recreational law and may possess up to 10 oz (a 60-day personal supply).
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz
Plants: up to 6 plants; no single residence may exceed 12 plants
Hash & Concentrates: up to 5 g. Possession of hash is illegal though decriminalized for possession of up to 1 oz.
6. Nevada
State Marijuana Laws
Ballot Measure: Question 2 — Approved Nov. 8, 2016 by 54.47% of voters
Nevada Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the adult-use law and may possess up to 2.5 oz of usable marijuana and 12 plants.
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz
Plants: up to 6 plants; no single residence may exceed 12 plants
Oregon Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the adult-use law and may possess up to 24 oz of usable marijuana and 24 plants (6 mature and 18 immature).
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz in public; up to 8 oz homegrown at home
Plants: up to 4 plants per residence
Hash & Concentrates: up to 16 oz solid infused at home; up to 72 oz liquid infused at home; up to 1 oz extract at home
Vermont Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the adult-use law and may possess up to two mature plants, seven immature plants, and 2 oz of usable marijuana.
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz
Plants: up to 6 plants per household (no more than 2 mature), and all marijuana produced from the plants
Washington Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the adult-use law and may possess up to 3 oz usable marijuana; 48 oz of marijuana-infused product in solid form; or 216 oz marijuana-infused liquid; 21 g concentrate; 6 plants for personal use and up to 8 oz from those plants .
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 1 oz
Plants: Plants are illegal. Any amount is a felony.
Hash & Concentrates: up to 16 oz marijuana-infused product in solid form; up to 72 oz marijuana-infused product in liquid form; up to 7 g marijuana concentrate
District of Columbia
State Marijuana Laws
Ballot Measure: Initiative 71 — Approved Nov. 4, 2014 by 64.87% of voters
DC Medical Marijuana Laws: Medical cannabis patients are not subject to the limits of the recreational law and may possess up to 2 oz dried marijuana
Possession and Cultivation Limits
Age: 21+
Usable Marijuana: up to 2 oz
Plants: up to 6 plants per person with no more than 3 mature plants; up to 12 plants (no more than 6 mature) for a single residence with more than one 21+ resident
Hash & Concentrates: Possession of hash and concentrates is illegal and punishable with 180 days in jail and a $1,000 fine.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead 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.
Detroit — City officials are considering a new proposal that would cap the number of medical marijuana facilities operating in the city to 75 and lay out regulations for where they can locate.
The ordinance, which also includes provisions for how large the operations can be, is the latest by Detroit to combat a proliferation of so-called pot shops in the city in recent years.
Detroit City Councilman James Tate submitted the zoning ordinance changes last month to the City Planning Commission for a review and recommendation. The ordinance will then be introduced for council’s consideration.
The legislation would establish rules for facilities in Detroit that grow, test, process, transport and dispense medical marijuana to patients with state-approved medical marijuana cards.
It also would encourage medical marijuana operators to provide community benefits in their licensing operations, city officials said.
“The goal has always been to ensure that we have an industry that is respectful of the neighborhoods, the communities it is located in, but also considerate to individuals seeking safe access to alternative medication,” Tate said in a statement. “This ordinance balances those two needs with the preservation of neighborhoods being the top priority.”
Cannabidiol (“CBD”) and Industrial Hemp (“Hemp”) Products
Michigan – Based on the statutory definitions related to “marihuana” found in the Michigan Public Health Code (Act 368 of 1978), the Michigan Medical Marihuana Act (MMMA), and the Medical Marihuana Facilities Licensing Act (MMFLA), any extracts of marihuana or extracts of the marihuana plant will continue to be treated as marihuana.
The possession, purchase, or sale of marihuana or any marihuana product – including CBD – must be done in compliance with the MMMA and MMFLA.
The cannabis plant has over 100 cannabinoids – one of which is cannabidiol (CBD). Cannabinoids are most abundant in the flowering tops, resin, and leaves of the cannabis plant and are not found in parts of the cannabis plant that are excluded from the definition of marihuana, except for trace amounts – typically, only parts per million – that may be found where small quantities of resin adhere to the surface of seeds and mature stalk, not within the seeds nor the mature stalk. If cannabidiol is found on the seeds or stalks, it is found only as a result of contact with the resin produced by the cannabis plant.
If you drive down Cedar Street in Lansing, you’ll see green signs on medical marijuana dispensaries that advertise for “MMMP.”
The initials refer to the state’s program for registered medical marijuana patients.
Statewide, there are roughly 218,558 registered medical marijuana patients and 38,107 caregivers, according to the state’s most recently published data. Registered patients increased more than 70% since 2012.
The state initially denies close to 16% of the medical marijuana applications it receives, according to data reported by Michigan Department of Licensing and Regulatory Affairs. Regulators deny some applications for clerical errors, like incomplete paperwork, and prospective patients may re-apply.
This is what Michiganders need to know about becoming a registered medical marijuana patient.
What is a medical marijuana card?
State regulators issue Michigan Medical Marihuana Program cards to registered medical marijuana patients and caregivers.
Registered patients may possess up to 12 marijuana plants and up to 2.5 ounces of “usable marijuana,” meaning the plant’s dried flowers and leaves.
The state also licenses caregivers, who can help procure marijuana for patients. Caregivers may serve up to five patients. State law allows caregivers to possess up to 2.5 ounces of marijuana for each patient. Caregivers may also cultivate up to 12 marijuana plants for each of their registered patients.
The state began certifying patients and caregivers in 2009 after more than 60% of voters approved legalizing medical marijuana in 2008.
State law specifically lists eight medical conditions, which can qualify a patient for certification:
Cancer
Glaucoma
HIV/AIDS
Hepatitis C
Crohn’s disease
Alzheimer’s
Nail patella, a rare genetic disorder characterized by abnormalities of the nails, kneecaps and pelvis
Amyotrophic lateral sclerosis (ALS), also know as Lou Gherig’s disease
State regulators have since added post-traumatic disorder to the list of approved conditions.
Patients also can obtain a medical marijuana card for a “debilitating medical condition” with any of the following symptoms:
wasting syndrome
severe and chronic pain
nausea
seizures, such as those associated with epilepsy
severe and persistent muscle spasms, including those associated with multiple sclerosis
Who can provide medical marijuana certifications?
A physician’s approval is necessary to obtain a Michigan medical marijuana card.
A medical doctor or a doctor of osteopathic medicine must sign a form certifying that a patient suffers from a debilitating medical condition that could be alleviated with medical cannabis.
It’s not permissible to get physician’s blessing for medical marijuana through the mail or via a Skype appointment. State law requires a “bona fide physician-patient relationship,” which includes an in-person medical evaluation.
The state does not provide a list of physicians who will recommend medical marijuana.
Because marijuana is still illegal under federal law, some physicians are reluctant to provide medical marijuana certifications, said Kevin McFatridge a spokesman for the Michigan State Medical Society, a professional association.
The U.S. Food and Drug Administration has not broadly approved marijuana for medical use, although the FDA has approved drugs that either contain cannabis or mimic cannabis compounds.
Some doctors are reluctant to recommend medical marijuana, McFatridge said, because there are insufficient studies about cannabis dosage and the way the drug could interact with other medications.
Physicians with McLaren Health System do not provide medical marijuana certifications.
“There are legal drugs that may work just as well in specific instances, this is why it is important to work closely with your physician to create a personalized treatment plan,” said Dr. Brad Ropp of McLaren Medical Group.
Michael Komorn, an attorney and president of the Michigan Medical Marijuana Association, an advocacy group, said insurance companies often discourage physicians from providing medical marijuana certifications. Komorn, argues, however, that fears about the risks of recommending medical marijuana are unfounded.
“More doctors should come on board, if they’re keeping with the Hippocratic oath of ‘do no harm,” Komorn said. “If you prescribe opioid pills to a patient, you don’t know if they’re going to take more than prescribed and overdose. When you look at cannabis as an alternative to pain management, for example, it’s much safer.”
How long does it take to get a medical marijuana card?
It costs $60 to apply for an adult patient card, which must be renewed after two years. There’s an additional $25 fee to register a caregiver.
Application materials, including proof of Michigan residency, should be mailed to the Michigan Medical Marihuana Program, PO Box 30083, Lansing, Mich. 48903.
State regulators will either issue a medical marijuana card or a denial letter within 20 business days of receiving an application. Applicants can contact the state’s Medical Marihuana Program 517-284-6400 if they do not hear back within five weeks of mailing an application.
Contact Sarah Lehr at (517) 377-1056 or slehr@lsj.com. Follow her on Twitter @SarahGLehr.
