MARIJUANA LAW UPDATE In MICHIGAN

Since the passing of the act legalizing recreational marijuana people are always asking me what they can and cannot do under the new law. Unfortunately, there are even some questions that I can’t answer. Thankfully, the folks in the legislature realized that there were, indeed, too many unanswered questions floating around about Michigan’s newly legalized plant. So “officials” released a set of “emergency rules” dealing with the use and sale of marijuana. MLive did a great, but lengthy article here, but let me make it even more brief by touching on what I get asked about most…
  1. Marijuana sales probably won’t happen until early 2020…which I guess isn’t that far away.
  2. “Public use” will also soon be allowed. This isn’t to say you can smoke a joint on the street. But festivals and events can get special permits to allow such use. And soon smoking lounges will be opening as well, though they will be prohibited from selling food and alcohol at the same establishment.
  3. Yes, you can buy your medical marijuana and your “recreational” marijuana at the same store.
  4. You will eventually be able to order your marijuana to your house, just like you could a pizza…now that’s a business idea!
  5. No, you cannot order it in the mail. At least not legally.

Original Blog Post:

THE NEW MARIJUANA LAW THAT PASSED IN THE ELECTION
Earlier this month, Michigan voters approved Proposal 1, which legalizes the recreational use of marijuana by individuals aged 21 and older. Marijuana is currently legal for both medical and recreational use in nine states and legal for medicinal purposes in twenty-one additional states.
56% of voters approved the new law, making Michigan the first state in the Midwest to legalize recreational marijuana. The state legalized medical marijuana ten years ago. However, this doesn’t mean that residents can use marijuana freely throughout the state. Recreational marijuana use is subject to a number of regulations.
Marijuana Will Be Regulated Like Alcohol
The Law Allows Possession Of Up To 2.5 Ounces
Individuals over the age of 21 can possess, use, transport, or process up to 2.5 ounces of marijuana or 15 grams of marijuana concentrate. The law also permits the transfer of up to 2.5 ounces of marijuana to another person aged 21 or older. Payment is not required for this transfer.
It will be legal for individuals to grow up to twelve marijuana plants in the state and store up to ten ounces of product from those plants.
Marijuana Sales Subject to Excise Tax
All marijuana sales within the state of Michigan are subject to a 10% excise tax. The law details how marijuana tax revenue is spent. At first, the tax revenue collected will go towards the implementation, administration, and enforcement of the law. Later, an annual $20 million will go towards clinical trials approved by the United States Food and Drug Administration (FDA) to research the efficiency of marijuana in the treatment of medical conditions of United States’ armed services veterans.
The New Law Does Not Pardon Those Previously Arrested for Possession
The law does not affect individuals that were previously arrested for the possession or sale of marijuana. These individuals must still serve their required sentence and pay all associated fines.
Michigan Becomes the Tenth State to Legalize the Sale of Recreational Marijuana
Michigan joins California, Colorado, Maine, Massachusetts, Nevada, New Hampshire, Oregon, Vermont, and Washington in the legalization of marijuana for recreational use. This is in contrast with the Federal government, who recently instructed U.S. attorneys to enforce the federal prohibition on marijuana.
Even with legalization, it could take over a year for retail shops to sell marijuana in Michigan. However, local government can decide to limit or restrict marijuana businesses within their jurisdiction.
From the Marijuana Regulatory Agency:
  • CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%.
  • Edible marijuana products containing CBD made by licensed processors may only be produced using CBD obtained from regulated sources. Currently, these regulated sources include state of Michigan licensed growers or processors under the MMFLA.
  • MRA is in the process of writing administrative rules under the MMFLA and MRTMA to determine the methods for industrial hemp grown under the Industrial Hemp Research and Development Act to be transferred to licensed marijuana facilities. Until the administrative rules are written, there is no authorized method for licensed facilities to obtain industrial hemp.
  • CBD products for Pets must follow the same rules. 
  • Only facilities licensed by the Marijuana Regulatory Agency (MRA) under the MMFLA can commercially grow, process, and sell marijuana and marijuana products.
  • MRA does not regulate marijuana or marijuana products grown or produced by registered qualifying patients or designated primary caregivers under the MMMA or individuals over 21 for personal use under the MRTMA.

Chris Kessel Law provides legal support for individual and families in Michigan. Please contact us if you have questions about Michigan’s new marijuana law.

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