(A) A person who commits any of the following acts, and is not otherwise authorized by this section or by state law to conduct such activities, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law.
(B) Except for a person who engaged in conduct described in M.C.L.A. § 333.27954, a person who possesses not more than the amount of marijuana allowed pursuant to state statute, cultivates not more than the amount of marijuana allowed pursuant to state statute, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marijuana allowed pursuant to state statute, or possesses with intent to deliver not more than the amount of marijuana allowed pursuant to state statute, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marijuana.
(C) Except for a person who engaged in conduct described in M.C.L.A. § 333.27954, a person who possesses not more than twice the amount of marijuana allowed pursuant to state statute, cultivates not more than twice the amount of marijuana allowed pursuant to state statute, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marijuana allowed pursuant to state statute:
(1) 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 marijuana;
(2) 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 marijuana;
(3) 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 marijuana.
(D) Except for a person who engaged in conduct described by M.C.L.A. § 333.27954, a person under 21 years of age who possesses not more than 2.5 ounces of marijuana or who cultivates not more than 12 marijuana plants:
(1) For a first violation, is responsible for a civil infraction and may be punished as follows:
(a) If the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marijuana, and completion of four hours of drug education or counseling; or
(b) If the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marijuana.
(2) For a second violation, is responsible for a civil infraction and may be punished as follows:
(a) If the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marijuana, and completion of eight hours of drug education or counseling; or
(b) If the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marijuana.
(E) Except for a person who engaged in conduct described in M.C.L.A. § 333.27954, a person who possesses more than twice the amount of marijuana allowed pursuant to state statute, cultivates more than twice the amount of marijuana allowed pursuant to state statute, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marijuana allowed pursuant to state statute, 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.
(Ord. 11-190, passed 7-19-2011; Am. Ord. 13-201, passed 3-19-2013; Am. Ord. 22-004-136.01; 136.03, passed 9-20-2022) Penalty, see § 130.99