We may soon see the arrival of legalized recreational marijuana in the great state of Michigan.
Next year, voters will get to decide on whether to approve or deny a ballot initiative for legalized marijuana. The initiative could allow people to possess and use marijuana legally. This means that smoking marijuana legally would no longer be confined to those who do so within the medical marijuana framework.
Too Much Litigation Over Medical Marijuana
Currently, recreational marijuana is not legal. Michigan does have medical marijuana. The medical marijuana legal framework proved to complicated and difficult to implement.
There seemed to be endless litigation over every phrase in the medical marijuana law. The issue of medical marijuana went up to the Michigan Supreme Court many times a year. Frankly, the Michigan Medical Marihuana Act could have been written better. A more well-written law would have spared the courts from hearing the endless medical marijuana dispute.
Will this new ballot initiative decrease the amount of litigation? The legislature probably says hopefully. However, as it stands, the ballot initiative is an impressive 18-page long documents, chalk full of definitions and legalese.
Major Points of the Law:
- Michigan residents would have to be 21 or over to smoke and possess marijuana.
- A person may possess up to 2.5 ounces of marijuana while in public. Of that amount, 15 grams may be in the form of marijuana concentrate.
- A person may, on private residence possess for storing and processing of up to 10 ounces of marijuana and infused products. Up to 12 plants may be possessed.
- A person may assist another person 21 years of age or older in any of the acts above.
- A person may give, without compensation, up to 2.5 ounces of marijuana (or 15 grams of marijuana concentrate) to another person over 21 years old.
- There would be two new establishments created: One, the marijuana micro-business, (persons licensed to cultivate up to 150 plants and sell to people over 21 years of age. Two, marijuana retailers, that is an establishment licensed to purchase marijuana from others and sell to persons over 21 years old.
- A city or township may completely prohibit or limit the number of establishments within the city or town, unless a successful petition prohibits or allows such establishments.
- The following penalties: Possession of up to twice the lawful amount of 12 plants or 10 ounces as a civil infraction for the first two violations. The third violation would be a misdemeanor punishable by up to 93 days in jail, a fine, or both.
What Happens Next
This is only the proposed law. Of course, the law must be voted on and approved before recreational marijuana becomes a thing in Michigan. Several years ago, pro-marijuana advocates tried to get a similar initiative on the ballot for voters. It’s a long story, but something went wrong, and the initiative didn’t make it on the ballot. The voters were not able to determine whether legal marijuana would make it. These pro-marijuana advocates have probably learned their lesson and won’t make the same mistake this time around.
Author Biography
Sam Bernstein of ArborYpsi Law is a medical marijuana attorney in Ypsilanti, Michigan. He also practices criminal defense and driver’s license restoration. ArborYpsi Law is located in Ypsilanti, MI and serves the surrounding area including Ann Arbor & Washtenaw County. Call ArborYpsi Law at 734-883-9584 or e-mail at bernstein@arborypsilaw.com
