(a) No person shall possess, sell, offer for sale, cultivate, distribute, consume, administer, dispense, prescribe, give away, or use any controlled substance as prohibited and defined in Article 7 of the Michigan Public Health Code (M.C.L.A. 333.7101 et seq.), except as permitted by law and pursuant to the Michigan Regulation and Taxation of Marihuana Act, the Michigan Medical Marihuana Act, the Michigan Medical Marihuana Facilities Licensing Act, and as specifically provided hereinafter.
(b) Any violation of 620.02(a), other than violations involving marihuana which are controlled by 620.02(c) shall be punishable as a misdemeanor with a fine not to exceed $500 or by imprisonment, not to exceed 90 days, or both, such fine and imprisonment, is in the discretion of the court.
(c) Marihuana. Violations of this section involving marihuana, sometimes referred to also as marijuana, is regulated pursuant to the following:
(1) Definitions. The following words, as used in this section, shall have the following meanings, unless the context otherwise requires:
A. “Cultivate” shall mean to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
B. “Deliver” or “delivery” shall mean the actual, constructive or attempted transfer from one person to another of marihuana, whether or not there is an agency relationship.
C. “Marihuana” shall mean the substance or material identified and defined as "marihuana" in section 3 of the Michigan Regulation and Taxation of Marihuana Act. It 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. For purposes of this act, marihuana does not include:
i. 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;
ii. Industrial hemp; or
iii. Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
D. “Marihuana accessories” shall mean 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, inhaling, or otherwise introducing marihuana into the human body.
E. “Marihuana concentrate” shall mean the resin extracted from any part of the plant of the genus cannabis.
F. “Person” shall mean an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
G. “Process” or “processing” shall mean 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.
H. “Remuneration” shall mean payment, compensation, and the act of paying or compensating.
I. “Sale” shall include barter, exchange, or otherwise offer for remuneration.
(2) Lawful acts. Except as otherwise provided in this section, the following acts by a person 21 years of age or older are not unlawful:
A. Except as permitted in subsection (2)(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.
B. Within the person's residence, possessing, storing, and processing not more than ten 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.
C. Assisting another person who is 21 years of age or older in any of the acts described in this section.
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.
(3) Unlawful acts. Unless otherwise authorized by the State of Michigan or Charter Township of Clinton to conduct such activities, it shall be unlawful for any person to:
A. Operate, navigate, or be 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. Be under the age of 21 and possess, consume, purchase, or otherwise obtain, cultivate, process, transport, or sell marihuana and/or marihuana accessories.
D. Separate or attempt to separate plant resin by butane extraction or another 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.
E. Consume marihuana in public or smoke marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subsection (3)(e), a public place does not include an area the township has designated as an authorized area of consumption that is not accessible to persons under the age of 21.
F. Cultivate 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. Consume marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoke marihuana within the passenger area of a vehicle upon a public way.
H. Possess marihuana accessories or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades one through 12, in a school bus, or on the grounds of any correctional facility.
I. Possess 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.
J. Possessing, selling, offering for sale, distributing, administering, dispensing, prescribing, giving away, or cultivating marihuana in any other manner other than lawful acts as described herein and for which specific penalty for an unlawful act is otherwise specified herein is unlawful.
(4) Penalty. A person who commits any of the following acts, and is not otherwise authorized by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. 333.27951 et seq., or this code, may be punished as follows:
A. A person who violates subsection (3)(e), (3)(f), or (3)(i), where the person otherwise possesses not more than the amount of marihuana allowed, cultivates not more than the amount of marihuana allowed, delivers without receiving remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed, or possesses with intent to deliver not more than the amount of marihuana allowed, is responsible for a civil infraction and may be punished by a fine of $100 and forfeiture of the marihuana.
B. A person who possesses not more than twice the amount of marihuana allowed, cultivates not more than twice the amount of marihuana allowed, delivers without receiving remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed, or possesses with intent to deliver not more than twice the amount of marihuana allowed, is punishable as follows:
i. For a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana.
ii. For a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana.
iii. For a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $500 and forfeiture of the marihuana.
iv. If a person engages in any of the activities prohibited by subsection (3) while possessing more than the amount of marihuana allowed, cultivating more than the amount of marihuana allowed, delivering without receiving remuneration to a person who is at least 21 years of age more than the amount of marihuana allowed, or possessing with intent to deliver more than the amount of marihuana allowed, the violation is punishable as a misdemeanor, with a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.
C. Except for a person who engaged in conduct described by subsection (3)(a), (3)(d), or (3)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:
i. For a first violation, is responsible for a civil infraction and may be punished as follows:
a) If less than 18 years of age, by a fine of $100 or community service, forfeiture of the marihuana, and completion of four hours of drug education or counseling.
b) If at least 18 years of age, by a fine of $100 and forfeiture of the marihuana.
ii. For a second violation, is responsible for a civil infraction and may be punished as follows:
a) If less than 18 years of age, by a fine of $500 or community service, forfeiture of marihuana, and completion of eight hours of drug education or counseling.
b) If at least 18 years of age, by a fine of $500 and forfeiture of the marihuana.
D. A person who possesses more than twice the amount of marihuana allowed, cultivates more than twice the amount allowed, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed, is punishable as follows:
i. A person shall also be subject to imprisonment in the discretion of the court if the violation was habitual, willful, and for a commercial purpose, or if the violation involved violence.
E. A person who violates subsection (3)(b), (3)(d), or (3)(g), is responsible for a misdemeanor, with a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.
F. A person 21 years or older who violates subsection (3)(h), is responsible for a misdemeanor, with a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.
G. Any person who violates subsection (3)J is guilty of a misdemeanor and subject to a fine of not more than $500 or imprisonment not to exceed 93 days in jail, or both for each offense.
(5) Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. 333.27951 et. seq., and all future amendments, revisions, and or changes to the Michigan Regulation and Taxation of Marihuana Act when they are effective in this state are incorporated and adopted by reference.
(Ord. 453. Passed 5-13-19.)