[Amended 7-19-2021]
As used in this article, the following words and terms, consistent
with the Michigan Regulation and Taxation of Marihuana Act, Initiated
Law 1 of 2018, MCLA § 333.27951 et seq., shall apply:
To propagate, breed, grow, harvest, dry, cure, or separate
parts of the marihuana plant by manual or mechanical means.
All parts of the plant of the genus cannabis, growing or
not; the seeds of the plant; the resin extracted from any part of
the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant or its seeds or resin, including marihuana
concentrate and marihuana-infused products. As used in this article,
marihuana does not include:
The mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks, except the resin extracted from those stalks, fiber, oil,
or cake, or any sterilized seed of the plant that is incapable of
germination;
Industrial hemp; or
Any other ingredient combined with marihuana to prepare topical
or oral administrations, food, drink, or other products.
Any equipment, product, material, or combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
injecting, inhaling, or otherwise introducing marihuana into the human
body.
The resin extracted from any part of the plant of the genus
cannabis.
A topical formulation, tincture, beverage, edible substance,
or similar product containing marihuana and other ingredients and
that is intended for human consumption.
An individual, corporation, limited liability company, partnership
of any type, trust, or other legal entity.
To separate or otherwise prepare parts of the marihuana plant
and to compound, blend, extract, infuse, or otherwise make or prepare
marihuana concentrate or marihuana-infused products.
Any street, alley, sidewalk, park, school, public building,
or any place of business or assembly, parking lot, parking area, or
any other premises open to the public or frequented by the public.
A.
Prohibited. It is unlawful for any person to use, or to possess,
drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance.
B.
Exceptions. This section shall not apply to manufacturers, wholesalers,
jobbers, licensed medical technicians, technologists, nurses, hospitals,
research teaching institutions, clinical laboratories, medical doctors,
osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists,
and embalmers in the normal legal course of their respective business
or profession; nor to persons suffering from diabetes, asthma, or
any other medical condition requiring self-injection; nor to a person
over the age of 21 possessing or using marihuana accessories as permitted
by state law.
C.
Seizure. Any drug paraphernalia used or possessed in violation of
this section shall be seized and forfeited to the Township or the
seizing agency.
A.
Marihuana. A person shall not possess, purchase, or transport more than 2.5 ounces of marihuana, of which not more than 15 grams shall be inform of marihuana concentrate, except as permitted by a validly issued license pursuant to the Michigan Medical Marihuana Act, MCLA § 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCLA § 333.27101; or the Michigan Regulation and Taxation of Marihuana Act, MCLA § 333.27951 et seq.; or as permitted within a person's residence pursuant to § 36-38.
B.
Marihuana concentrate. A person shall not possess more than 15 grams
of marihuana concentrate except as permitted by a validly issued license
pursuant the Michigan Medical Marihuana Act, MCLA § 333.26421
et seq.; the Medical Marihuana Facilities Licensing Act, MCLA § 333.27101
et seq.; or the Michigan Regulation and Taxation of Marihuana Act,
MCLA § 333.27951 et seq.; or as permitted within a person's
residence.
C.
Penalties. A person who violates this section is subject to the following
penalties:
(1)
More than 2.5 ounces or 15 grams. A person who possesses, purchases,
or transports more than 2.5 ounces of marihuana and/or more than 15
grams of marihuana concentrate in violation of this section is responsible
for a civil infraction and may be punished by a fine of not more than
$100 and forfeiture of the marihuana.
(2)
More than 5.0 ounces or 30 grams. A person who possesses, purchases,
or transports more than 5.0 ounces of marihuana and/or more than 30
grams of marihuana concentrate in violation of this section is responsible
for a civil infraction and may be punished by a fine of not more than
$500 and forfeiture of the marihuana.
A.
Possession within a person's residence. Within the person's residence, a person shall not possess more than 2.5 ounces of marihuana, except in compliance with Subsection B below.
B.
Storing within a person's residence. Within the person's
residence, a person shall not store more than 10 ounces of marihuana,
which marihuana shall be 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.
C.
Penalties. A person who violates this section is subject to the following
penalties:
(1)
Possession of more than 2.5 ounces; storage of more than 10 ounces.
A person who possesses more than 2.5 ounces of marihuana, stores more
than 10 ounces of marihuana, or fails to store marihuana in compliance
with this section is responsible for a civil infraction and may be
punished by a fine of not more than $100 and forfeiture of the marihuana.
(2)
Possession of more than 5.0 ounces; storage of more than 20 ounces.
A person who possesses more than 5.0 ounces of marihuana, stores more
than 20 ounces of marihuana, or fails to store marihuana in compliance
with this section is responsible for a civil infraction and may be
punished by a fine of not more than $500 and forfeiture of the marihuana.
A.
Cultivation within a person's residence. Within the person's
residence, a person shall not cultivate more than 12 marihuana plants
for personal use.
B.
Location of cultivation. Within the curtilage of a residence, a person
shall not cultivate marihuana plants that are visible from a public
place without the use of binoculars, aircraft, or other optical aids;
and shall not cultivate marihuana outside of an enclosed area equipped
with locks or other functioning security devices that restrict access
to the area.
C.
Penalties. A person who violates this section is subject to the following
penalties:
(1)
Cultivation of more than 12 plants. A person who cultivates more
than 12 marihuana plants in violation of this section is responsible
for a civil infraction and may be punished by a fine of not more than
$100 and forfeiture of the marihuana.
(2)
Cultivation of more than 24 plants. A person who cultivates more
than 24 marihuana plants in violation of this section is responsible
for a civil infraction and may be punished by a fine of not more than
$500 and forfeiture of the marihuana.
A.
Processing within a person's residence. Within the person's
residence, a person shall not process more than 10 ounces of marihuana
and/or shall not process marihuana from more than 12 marihuana plants
cultivated on the premises at once.
B.
Penalties. A person who violates this section is subject to the following
penalties:
(1)
Processing more than 10 ounces/12 plants. A person who processes
more than 10 ounces of marihuana and/or processes marihuana from more
than 12 marihuana plants in violation of this section is responsible
for a civil infraction and may be punished by a fine of not more than
$100 and forfeiture of the marihuana.
(2)
Processing more than 20 ounces/24 plants. A person who processes
more than 20 ounces of marihuana and/or processes marihuana from more
than 24 marihuana plants in violation of this section is responsible
for a civil infraction and may be punished by a fine of not more than
$500 and forfeiture of the marihuana.
A.
Transfer and/or delivery. A person shall not transfer, give away,
or deliver marihuana except in compliance with all of the following:
(1)
The transfer and/or delivery is without remuneration.
(2)
The amount of marihuana transferred or delivered does not exceed
2.5 ounces of marihuana, of which not more than 15 grams are in the
form of marihuana concentrate.
(3)
The transferee is a person 21 years of age or older.
(4)
The transfer and/or delivery is not advertised or promoted to the
public.
B.
Penalties. A person who violates this section is subject to the following
penalties:
(1)
More than 2.5 ounces and/or 15 grams. A person who transfers or delivers
more than 2.5 ounces of marihuana and/or more than 15 grams of marihuana
concentrate in violation of this section is responsible for a civil
infraction and may be punished by a fine of not more than $100 and
forfeiture of the marihuana.
(2)
More than 2.5 ounces and/or 30 grams. A person who transfers or delivers
more than 2.5 ounces of marihuana and/or more than 30 grams of marihuana
concentrate in violation of this section is responsible for a civil
infraction and may be punished by a fine of not more than $500 and
forfeiture of the marihuana.
(3)
Transfer to a person under 21 years of age. A person who transfers
or delivers marihuana to a person under 21 years of age is guilty
of a misdemeanor punishable by a fine not to exceed $500 and/or 90
days in jail.
A.
Plant resin separation. A person shall not separate plant resin by
butane extraction or any other method that utilizes a substance with
a flashpoint below 100° F. in any public place, motor vehicle,
or within the curtilage of any residential structure.
B.
Penalty. A person who violates this section is guilty of a misdemeanor
punishable by a fine not to exceed $500 and/or 90 days in jail.
A.
Smoking prohibited. A person shall not smoke marihuana on any property
where the property owner, occupant, or manager has prohibited smoking
of marihuana on the property.
B.
Penalty. A person who violates this section is responsible for a
civil infraction and may be punished by a fine of not more than $100.
A.
On school grounds. A person shall not possess marihuana or marihuana
accessories, or consume marihuana on the grounds of a public or private
school where children attend classes for any preschool, kindergarten,
and/or grade 1 through 12 program.
B.
In a bus. A person shall not possess marihuana or marihuana accessories,
or consume marihuana in a school bus.
C.
Penalty. A person who violates this section is guilty of a misdemeanor
punishable by a fine not to exceed $500 and/or 90 days in jail.
A.
While operating. A person shall not consume marihuana while operating,
navigating, or being in physical control of any motor vehicle, aircraft,
snowmobile, recreational vehicle, off-road recreational vehicle, or
watercraft or motorboat.
B.
While in passenger compartment. A person shall not smoke marihuana
within the passenger area of a vehicle upon a public way.
C.
Penalty. A person who violates this section is guilty of a misdemeanor
punishable by a fine not to exceed $500 and/or 90 days in jail.
