(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning.
CULTIVATE. To propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
DEPARTMENT. The department of licensing and regulatory affairs.
INDUSTRIAL HEMP. A plant of the genus cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.
LICENSEE. A person holding a state license.
MARIHUANA. 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 section, MARIHUANA does not include:
(a) 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;
(b) Industrial hemp; or
(c) Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
MARIHUANA ACCESSORIES. 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.
MARIHUANA CONCENTRATE. The resin extracted from any part of the plant of the genus cannabis.
MARIHUANA ESTABLISHMENT. A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department.
MARIHUANA GROWER. A person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
MARIHUANA MICROBUSINESS. A person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
MARIHUANA PROCESSOR. A person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA RETAILER. A person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
MARIHUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marihuana, including certification for potency and the presence of contaminants.
MARIHUANA SECURE TRANSPORTER. A person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
MUNICIPALITY. A city, village, or township.
MUNICIPAL LICENSE. A license issued by the city that allows a person to operate a marihuana establishment.
PERSON. An individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
PROCESS or PROCESSING. 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.
STATE LICENSE. A license issued by the department that allows a person to operate a marihuana establishment.
UNREASONABLY IMPRACTICABLE. That the measures necessary to comply with the rules or ordinances adopted pursuant to this section subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment.
(B) Scope. Unauthorized activities with marihuana and marihuana accessories; limitations; application of privileges, rights, immunities, and defenses under other marihuana laws; employer rights; and property owner rights.
(1) No person shall:
(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 marihuana or marihuana accessories to a person under the age of 21;
(c) Under the age of 21 possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;
(d) Separate the 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) Consume marihuana in a public place or smoke marihuana where prohibited by the person who owns, occupies, or manages the property;
(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 first through twelfth, or in a school bus; or
(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. The maximum marihuana allowed is 10 ounces.
(2) This section does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, M.C.L.A. §§ 333.26421 to 333.26430, the Medical Marihuana Facilities Licensing Act, 2016 PA 281, M.C.L.A. §§ 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.
(3) This section does not require an employer to permit or accommodate conduct otherwise allowed by this section in any workplace or on the employer's property. This section 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 section does not prevent an employer from refusing to hire, discharge, discipline, or otherwise take an adverse employment action against a person with respect to hiring, tenuring, 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 section 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.
(C) Lawful activities by person 21 years of age or older; terms, conditions, limitations, and restrictions; and denial of custody or visitation prohibited. A person 21 years of age or older may:
(1) Possess, use or consume, internally possess, purchase, transport, or process 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;
(2) Within the person's residence, possess, store, and process 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;
(3) Assist another person who is 21 years of age or older in any of the acts described in this section; and
(4) Give away or otherwise transfer 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.
(D) Civil/criminal penalties.
(1) A person who possesses, cultivates, delivers, without receiving any remuneration to a person who is at least 21 years of age, between 2.6 ounces and 5 ounces of marihuana or not more than 20 ounces in the residence, or is cultivating 13 to 24 plants:
(a) For a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana.
(b) For a second violation, is responsible for a state civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana.
(c) For a third or subsequent violation, is guilty of a state misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.
(2) 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:
(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, community service, forfeiture of the marihuana, and completion of 4 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, community service, forfeiture of the marihuana, and completion of 8 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.
(c) For a third or subsequent violation, is guilty of a state misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.
(3) A person who possesses, or delivers, without receiving any remuneration to a person who is at least 21 years of age, more than 5 ounces, more than 20 ounces in the home, and over 24 plants shall be responsible for a 93-day misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.
(Ord. 6.04, passed 1-15-80; Am. Ord. 6.20, passed 6-10-19) Penalty, see § 10.99