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.
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.
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.
