Except as otherwise specifically provided in this chapter, any person convicted of violating any provision of this chapter shall be punished as follows:
(A) For all marihuana-related violations:
(1) Except for a person who engaged in conduct described in § 9.56(K)(1), (K)(2), (K)(3), (K)(4), (K)(7), or (K)(8), who possesses or cultivates not more than the amount of marihuana allowed by § 9.56(L), delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed by § 9.65(L), or possesses with intent to deliver not more than the amount of marihuana allowed by § 9.65(L), a person is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana.
(2) Except for a person who engaged in conduct described in § 9.65(K), a person who possesses or cultivates not more than twice the amount of marihuana allowed by § 9.65(L), delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by § 9.65(L), or possesses with intent to deliver not more than twice the amount of marihuana allowed by § 9.65(L):
(a) 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;
(b) 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; and
(c) For a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.
(3) Except for a person who engaged in conduct described by § 9.56(K)(1), (K)(4), or (K)(7), a person under 21 years of age who possesses not more than two and one-half ounces of marihuana or who cultivates not more than 12 marihuana plants:
(a) For a first violation, is responsible for a civil infraction and may be punished as follows:
1. If the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of four hours of drug education or counseling; or
2. If the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana.
(b) For a second violation, is responsible for a civil infraction and may be punished as follows:
1. If the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marihuana, and completion of eight hours of drug education or counseling; or
2. If the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana.
(4) Except for a person who engaged in conduct described in § 9.65(K), a person who possesses or cultivates more than twice the amount of marihuana allowed by § 9.65(L), 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 by § 9.65(L), shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.
(5) If a state law requires the classification of an act violating this chapter as a civil infraction, it shall be a civil infraction. If a state law requires the classification of an act violating this chapter as a misdemeanor, it shall be a misdemeanor punishable as provided in § 1.13 of this code unless otherwise expressly provided in this chapter.
(6) Except as otherwise provided, acts involving marihuana and that violate this chapter shall be misdemeanors punishable as provided in § 1.13 of this code.
(7) This chapter does not prevent a court from deferring or discharging proceedings or sentencing a person who has not previously been convicted of an offense under any local, state or federal law relating to narcotic drugs, cocoa leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, under the Public Health Code § 7411, being M.C.L.A. § 333.7411, as amended.
(B) For all other violations of this chapter and except as otherwise specifically provided in this chapter, a person convicted of any such violation shall be punished by a fine not to exceed $500 and cost of prosecution or by imprisonment in the county jail for a period not to exceed 93 days, or both such fine and imprisonment in the discretion of the court.
(Ord. effective 4-27-2001; Ord. effective 11-18-2016; Ord. effective 10-18-2019)