Michigan voters have said yes to legal marijuana. What does this mean for you?
What You Can Do
- A person over 21 can possess up to 2.5 ounces of marijuana. Not more than 15 grams of the marijuana can be in concentrate form.
- A person can use and consume marijuana.
- At home, a person can have up to 10 ounces of marijuana and 12 marijuana plants for personal use.
- A person over 21 may assist another person in the above activities.
- A person may give up to 2.5 ounces of marijuana to another person without payment (15 grams of concentrate.
What You Cannot Do
- You cannot operate a car while under the influence of marijuana. This includes the operation of a boat, plane, ORV, or snowmobile.
- No consumption of marijuana while operating a car or other type of vehicle.
- A person under 21 cannot possess, consume, or cultivate marijuana.
- You cannot transfer marijuana to a person under 21.
- No marijuana consumption in public – unless there is a designated smoking area for people over 21.
- No butane extraction of plant resin.
- No cultivation of plants in a place where the plants may be easily seen from the public.
- No possession of marijuana on the grounds of a school.
- You may not possess more than 2.5 ounces within a residence that is outside of a locked container. So if you have more than 2.5 ounces, it must be secured in a container or area with locks or security device.
- A city or township may limit the number of marijuana establishments within their municipality or may prohibit them altogether.
- People may petition a city or township to adopt an ordinance to provide for the number of marijuana establishments or prohibit them within the municipality.
Michigan Department of Licensing and Regulatory Affairs
This Department’s job is to implement the new rules, which includes providing licenses for
- Class A marijuana grower – 100 plants
- Class B marijuana grower – 500 plants
- Class C marijuana grower – 2,000 plants
- Marijuana retailer
- Marijuana safety compliance facility
- Marijuana secure transporter
- Marijuana processor
- Marijuana microbusiness
- A landlord may prohibit consumption and cultivation of marijuana in a lease agreement.
- A lease may not prohibit lawful possession of marijuana and consumption of marijuana by means other than smoking.
- The new marijuana law does not require an employer to accommodate marijuana use.
- There is nothing in the new law that prohibits employers from prohibiting marijuana use or terminating employment or discipline for being under the influence of marijuana.
Sam Bernstein is a Criminal Defense Attorney in Ann Arbor, Michigan.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.
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