A Practical Guide to Proposal 1

EFFECTIVE DATE:  Proposal 1 becomes law 10 days after the date the vote is canvassed by the Board of State Canvassers; that date is approximately December 1, 2018.

COMMERCIAL DISTRIBUTION [except for current licensed medical facilities]

Commercial distribution for adult recreational use may be significantly delayed - the state must start accepting applications within one year of the effective date [December 2019], but not before.  The state could accelerate this process and should do so to prevent a black market from developing. While the legislature cannot change proposal 1 without a ¾ vote, they can amend the current licensing and facilities act immediately with a simple majority vote. This would allow them to reconcile the two laws and establish a single unified procedure for the new industry. They could eliminate the politically appointed board, put LARA in charge of approving licenses, streamline the license application process, and remove the other serious barriers to entry that are keeping small businesses out of the marketplace.

For the first 24 months after the department begins to receive applications for marihuana establishments, the department may only accept applications for licensure as follows:  1. for a class A marihuana grower [100 plants] or for a marihuana microbusiness [150 plants grown, processed, and sold], from persons who are residents of Michigan.  2. for a marihuana retailer, marihuana processor, class B marihuana grower [500 plants], class C marihuana grower [2,000 plants], or a marihuana secure transporter, from persons holding a state operating license pursuant to the medical marihuana facilities licensing act.  3. After one year [December 2020] the state can start accepting applications from anyone if LARA determines that additional state licenses are necessary to minimize the illegal market for marihuana in this state, to efficiently meet the demand for marihuana, or to provide for reasonable access to marihuana in rural areas.

IMMEDIATE NON-COMMERCIAL CHANGES:

THE FOLLOWING ACTS BY A PERSON 21 YEARS OR OLDER ARE NOT UNLAWFUL

Caveat: Beware of federal laws prohibiting these activities, which could technically result in convictions or property forfeitures until the federal laws change.

Sec. 5. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege: 

(a) except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate; this allows any combination of 70 total grams of cannabis anywhere anytime (except at schools, on school buses, or correctional facilities - if you possess 15 grams of oil or concentrate  you can still have 55 grams of dry cannabis.]

(b) within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once; this provision does not allow you to have more than 2.5 ounces of marihuana within your residence unless the excess marihuana is stored in a container or area equipped with locks. However, you can have more than 10 ounces total if the excess was cultivated for personal use on the premises from the 12 plants you can grow in your residence at any one time for personal recreational use. This 12-plant “adult use” maximum does not preclude a registered caregiver from cultivating up to 12 additional plants for each qualified registered patient with whom the caregiver is connected through the state registry ID system (maximum 5 patients x 12 = 60 plants), and probably 12 more plants if the registered caregiver is also a patient. However, if you are growing the larger medical plant allowances in your residence, you should not, in my considered opinion, grow the additional 12 plants allowed for personal use under this recreational use section, or you should grow medical allowances off-premises.

(c) assisting another person who is 21 years of age or older in any of the acts described in this section [grow consultants and helpers are protected]; and  (d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public. This protects de minimus informal relationships, like passing a joint in private, from strained interpretations of cannabis manufacturing and delivery laws (growing/distribution), and private suppliers who do not charge for cannabis and don’t advertise the fact.

PROTECTIONS FOR LEASING PROPERTY FOR CULTIVATION . Sec. 10. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act or the rules promulgated thereunder, the following acts are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection except as authorized by this act, and are not  (g) leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under this act. This provides protection for landlords who let you grow marijuana at your residence and property owners who may lease you farming space on their land or in buildings for medical purposes. Beware of federal laws prohibiting these activities.)

ACTS NEVER AUTHORIZED BY PROPOSAL ONE

Sec. 4.1. This act does not authorize:  (a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana;  (b) transfer of marihuana or marihuana accessories to a person under the age of 21; (c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;  (d) separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure;

(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;

(f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;

(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;

(h) possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or

(i) Possessing more than 2.5 ounces of marihuana within a person's place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.

2. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.

3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer's property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's violation of a workplace drug policy or because that person was working while under the influence of marihuana.

4. This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.

5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act.