Initiation Of Legislation (Sample Petition) Page 2


An initiation of legislation to legalize and
packaging, transporting, or possessing mar-
marihuana products shall be in a container
regulate marihuana and hemp cultivation,
ihuana or marihuana products, or delivering
that is child-resistant. Child resistant pack-
production, testing, sale, distribution, pos-
or transferring marihuana or marihuana prod-
aging shall be re-closable if not intended
session, and use for medical and nonmedical
ucts to or from a marihuana establishment,
for single use. Single-serving edible retail
purposes; to provide for licensing of certain
if the person conducting any activity under
marihuana products that are packaged in
marihuana establishments; to provide certain
this subdivision has obtained a current, valid
child-resistant packaging may be sold in a
rights to persons with a doctor’s recommen-
license to operate a marihuana establishment
larger package that is not child-resistant.
dation for the use of marihuana; to authorize
or is acting in his or her capacity as an owner,
(b) Proper labeling must include the follow-
collection of fees; to allow an excise tax on
employee, or agent of a licensed marihuana
ing statements: “There may be health risks
marihuana transfers at the point of sale; to
establishment where such activity is allowed.
associated with the consumption of this prod-
provide for the powers and duties of certain
(i) Leasing or otherwise allowing the use
uct.”; “This product is intended for use by
state and local governmental officers and
of property owned, occupied, or controlled
adults 21 years and older. Keep out of reach
agencies; to authorize local units of govern-
by any person, corporation, or other entity
of children.”; “This product may be unlawful
ment to adopt limited regulation of marihuana
for any of the activities conducted lawfully in
outside the State of Michigan.”; “This prod-
facilities and stores; and to require the prom-
accordance with subdivisions (a) to (c).
uct contains or is infused with marihuana.”;
ulgation of rules.
Sec. 4. Any hemp, marihuana, marihuana
and “Do not drive a motor vehicle or operate
accessory, marihuana product, or licit prop-
heavy machinery while using marihuana.”
erty that is possessed, owned, or used
(c) Proper labeling also must include the
Sec. 1. This act shall be known and may
incidental to or in connection with activity as
following information if applicable: Name and
be cited as the “Michigan marihuana legaliza-
allowed under this act shall not be seized or
address of the marihuana establishment that
tion, regulation and economic stimulus act.”
sold the marihuana product to the consumer,
Sec. 2. As used in this act, and unless the
Sec. 5. (a) A person may engage in hemp
and the date of the sale; Name and address
context otherwise requires:
cultivation, acquisition, transfer and exchange
of the marihuana product manufacturing
(a) “Consumer” means an individual 21
of seeds, delivery, processing, manufacture,
and/or testing facility; List of solvents used to
years of age or older, or a person with a
sale and export of products for commercial
produce any marihuana concentrates; List of
physician’s recommendation for the use of
purposes and research. All products made
all ingredients; Production date, batch num-
marihuana, or a person who is registered in
from hemp may be possessed or traded for
ber, and expiration date, if any; and whether
any governmental medical marihuana pro-
remuneration without the possessor or trader
refrigeration is required.
being subject to arrest, prosecution, or pen-
(d) Any ingestible product also requires
(b) “Hemp” means a plant of the genus
alty in any manner or denied any right or
a nutrition fact panel conforming to FDA
Cannabis and any part of that plant, whether
requirements, and listing the number of milli-
growing or not, with a delta-9 tetrahydrocan-
(b) The department of agriculture and rural
grams of THC per serving and the statement:
nabinol concentration that is less than 1.0%
development may adopt rules to facilitate
“The intoxicating effects of this product may
on a dry weight basis, or as allowed by state
and provide for the implementation of this
be delayed by two or more hours.”
or federal regulation.
provision. The department shall not adopt
(e) All packaging must state whether test-
(c ) “License”, “licensed”, or “licensure”
a rule that would prohibit a person from
ing was performed and if so, the results of
means an exemption, or exempted from pen-
growing hemp based on the legal status of
those tests.
alty in any manner under state and local law,
hemp under federal law, or which creates an
(f) All ingestible products shall be labeled
for specific conduct related to marihuana.
unreasonably impracticable burden upon a
with the number of 10 mg tetrahydrocannab-
(d) “Locality” means a city, village, or town-
Michigan farmer.
inol servings, or fractions thereof, contained
ship, or federally regulated tribe.
Sec. 6. Marihuana or marihuana products
within the product.
(e) “Marihuana” means any part of the
sold or otherwise transferred by a marihuana
Sec. 11. Localities may adopt rules neces-
plant of the genus Cannabis whether grow-
establishment to a consumer are subject to
sary to implement this act and may allow or
ing or not, the resin extracted from any part
an excise tax of 10%, paid by the consumer
prohibit the operation of marihuana estab-
of the plant, and every compound, manu-
and collected by the marihuana establish-
lishments. The rules shall not make their
facture, salt, derivative, extract, mixture, or
ment. The legislature may reduce this rate
operation unreasonably impracticable. The
preparation of or from the plant, its resin, or
but may not increase it. The department of
rules shall include:
any other concentrate. Marihuana does not
treasury shall establish procedures for col-
(a) Procedures for issuing, renewing, sus-
include hemp, nor does it include the seed
lecting the excise tax by February 1, 2017.
pending, or revoking any license.
of the plant, fiber produced from the stalk,
The net proceeds shall be used as follows:
(b) A schedule of application, licensing,
oil, or cake made from the seed of the plant,
40% to the department of transportation,
and renewal fees. An application fee shall not
or the weight of any other ingredient that
40% to the school aid fund, and 20% to the
exceed $5,000.00. A renewal fee shall not
is combined with marihuana or marihuana
locality where the marihuana establishment
exceed $500.00, unless the locality deter-
is located. Marihuana or marihuana products
mines that a greater fee is necessary to
(f) “Marihuana accessory” means any equip-
transferred to a person with a physician’s rec-
administer this act.
ment, product, or material of that is used,
ommendation for the use of marihuana, or
(c) Qualifications for licensure directly and
intended, or designed for use in planting,
with proof of registration in any governmen-
demonstrably related to operation of a mari-
propagating, cultivating, curing, delivering,
tal medical marihuana program, are exempt
huana establishment.
drying, growing, harvesting, composting,
from all excise tax under this Section. The
(d) Security requirements for marihuana
sale of hemp and hemp-derived products is
producing, processing, preparing, testing,
not subject to excise tax.
(e) Rules to prevent sale or diversion of
analyzing, packaging, repackaging, storing,
Sec. 7. (a) A locality may enact an ordi-
marihuana and marihuana products to indi-
transferring, transporting, vaporizing, or con-
nance or regulation that does not conflict with
viduals under the age of 21.
taining marihuana, or for ingesting, inhaling,
this act or any administrative rules, and which
(f) Health and safety regulations and stan-
or otherwise introducing marihuana into the
may govern the time, place, manner, type,
human body.
and number of marihuana establishments and
(g) Regulations for advertising and display-
(g) “Marihuana establishment” means a
may establish civil sanctions for violations. A
ing marihuana and marihuana products.
marihuana product manufacturing facility, a
locality may allow or prohibit the operation
Sec. 12. Notwithstanding any other pro-
marihuana testing facility, or a marihuana
of marihuana establishments by ordinance.
vision of law, a violation of this act or rules
If a locality does not allow the operation of
implementing this act or performance of an
marihuana establishments by June 1, 2017,
action involving marihuana not authorized by
facility” means a person or entity licensed
an initiated or referred measure to allow or
this act, except for operating any motor vehi-
to cultivate, acquire, manufacture, prepare,
prohibit the operation of marihuana estab-
cle, aircraft, or motorboat under the influence
package or transfer marihuana or marihuana
lishments may be submitted to the voters at
of marihuana, shall be exclusively punishable
products to other marihuana establishments.
a general election under processes substan-
as follows: A violation may only be issued as
(i) “Marihuana products” include marihuana
tially similar to the provisions with regard to
a civil infraction, with any fine not to exceed
or marihuana with other ingredients and
the amendment by initiatory petition of city
$100.00, except that distributing marihuana
intended for human consumption or use.
charters set forth in the home rule city act. If
or marihuana products to a person who is
(j) “Marihuana testing facility” means an
the locality is not governed by the home rule
between the age of 18 and 21, who does not
entity licensed to analyze and certify the
city act, then the measure shall require 5% of
have the recommendation of a physician to
safety and quality of marihuana.
qualified elector signatures and substantially
use medical marihuana may incur a civil fine
(k) “Marihuana store” means a person or
comply with said provisions. This Section
of $500.00, and any person over the age
entity licensed to acquire and sell marihuana
does not allow any locality to infringe the
of 18 years distributing marihuana or mar-
or marihuana products to consumers or to
rights of any persons under this act. Nothing
ihuana products to a person who is under
other marihuana establishments. A mari-
in this act shall be construed to prohibit either
the age of 18 years and who does not have
juana product manufacturing facility may
the legislature or a locality of this state the
the recommendation of a physician to use
also be a marijuana store if allowed by the
authority to license other private clubs, non-
medical marihuana shall be guilty of a misde-
profit entities, or commercial enterprises to
meanor punishable by a fine of not more than
(l) “Physician’s recommendation” means
effectuate the purpose of this act.
$1,000.00 and imprisonment for not more
that a physician has stated in his or her pro-
(b) A locality shall not require a consumer
than 60 days for a first offense, a fine of not
fessional opinion, a person is likely to receive
to provide a marihuana establishment with
more than $2,500.00 and imprisonment for
therapeutic or palliative benefit from the
personal information other than govern-
not more than 90 days for a second or sub-
medical use of marihuana to treat or alleviate
ment-issued identification to determine the
sequent offense, and community service. An
the person’s medical condition or associated
consumer’s age and shall not require a mar-
individual under the age of 18 who violates
symptoms. If a person is under the age of
ihuana establishment to acquire or record
any Section of this act may be issued a civil
18, in addition to a written recommendation
personal information about consumers other
infraction with a civil fine of up to $500.00. If
from a physician, the person’s parent or legal
than information required in a financial trans-
a violation of this act occurs on school prop-
guardian shall consent in writing to allow
action conducted at a typical retail store. Any
erty as defined in this act, a person may be
the person’s medical use of marihuana and
person claiming a tax exemption for medical
punished by a fine by not more than three
control the acquisition of the marihuana, the
purposes must provide a physician’s recom-
times the amount otherwise authorized by
dosage, and the frequency of the medical use
mendation or proof of registration in any
this act, or for a criminal violation of this
of marihuana.
governmental medical marihuana program.
act, by a term of imprisonment for not more
(m) “School property” means a building,
Sec. 8. (a) Each application for a license
than 120 days for a first offense, a fine of
playing field, or property used for school
to operate a marihuana establishment or
not more than $5,000.00 and imprisonment
purposes regularly to impart instruction to
renewal thereof shall be submitted to the
for not more than 180 days for a second or
children in grades kindergarten through 12,
relevant locality. The locality shall begin
subsequent offense, and community service.
when provided by a public or private school,
accepting and processing applications on
Sec. 13. This act supersedes any conflicting
except those buildings used primarily for
June 1, 2017, and shall issue a license to
state statute, administrative rule, local char-
adult education or college extension courses.
the applicant between 45 and 90 days after
ter, ordinance, or resolution.
(n) “Under the influence of marihuana”
receipt of an application unless the locality
Sec. 14. This act shall be considered reme-
means that because of using or consuming
finds good cause for denial.
dial in nature and shall be liberally construed.
marihuana, a person’s ability to operate a
(b) To ensure a secure, reliable, and
Sec. 15. A consumer or person who uses
motor vehicle in a normal manner is substan-
accountable system for the operation of a
marihuana or marihuana products for per-
tially lessened.
marihuana establishment, a locality may use
sonal use or owns or works at a marihuana
(o) “Unreasonably impracticable” means
relevant applicable criteria in evaluating any
establishment shall not be denied custody
that the measures necessary to comply
application for a license under this act.
or visitation of a minor unless the person’s
with the regulations require such a high
(c) If the locality does not issue a license
behavior is such that it creates an unreason-
risk or investment of money, time, or any
under this Section, it shall promptly notify the
able danger to the minor that can be clearly
other resource or asset so as to discourage
applicant in writing of the specific reason. An
articulated and substantiated.
a reasonably prudent business person from
applicant has the right to appeal to the circuit
Sec 16. Possession of marihuana, mari-
engaging in the operation of a marihuana
court of the county of the applicant within 45
huana accessories, or marihuana products
establishment or hemp businesses.
days of receipt of notice of denial. The circuit
shall not constitute probable cause or reason-
Sec. 3. A consumer shall not be subject to
court may order the issuance of a license.
able suspicion, nor shall it be used to support
arrest, prosecution, or penalty in any manner,
Sec. 9. This act does not:
the search of the person or property of the
or denied any right or privilege, for commit-
(a) Authorize operating any motor vehicle,
person, or otherwise subject any person or
ting any of the following acts:
aircraft, or motorboat under the influence of
property of to inspection by any local, county
(a) Acquiring, possessing, internally pos-
marihuana. The state and any locality are
or state governmental agency.
sessing, using, or transporting marihuana,
prohibited from using any per se limit of tet-
Sec. 17. Any Section of this act being held
marihuana products, or marihuana accesso-
rahydrocannabinol as criteria to determine
invalid shall not affect the application of any
whether the operator of a motor vehicle is
under the influence of marihuana;
Section of this act that can be given full effect.
(b) Authorize the transfer of marihuana or
Sec. 18. This act does not preempt, pre-
transporting 12 or fewer marihuana plants,
marihuana products to an individual under
vent, or obstruct federal enforcement of
each of which is at least 12 inches high or
the age of 21 without the recommendation
federal law.
12 inches in diameter, and possessing the
of a physician, or allow an individual under
Sec. 19. No contract is unenforceable on
marihuana derived from those plants. The
the age of 21 to purchase, possess, use,
the basis that marihuana is prohibited by fed-
plants must be grown in a manner so as to
transport, grow, or consume marihuana or
eral law.
reasonably prevent unauthorized access to or
marihuana products without the recommen-
Sec. 20. An insurable interest is granted to
harvesting of the plants, and the marihuana
dation of a physician;
marihuana establishments, marihuana, mar-
produced from the plants must not be made
(c) Prohibit a person or any entity that
ihuana products, and marihuana accessories
available for sale.
occupies, owns, or controls a property from
to the extent that the interest is lawful under
(c) Possessing, growing, processing, or
prohibiting or otherwise regulating any activ-
this act.
transporting any number of marihuana plants
ity involving marihuana on or in that property
Sec. 21. A person, individual, or corporate
or their parts that are smaller than those
or in the course of business;
entity including but not limited to a person
described in subdivision (b). The plants must
(d) Limit any privileges or rights of a med-
who uses marihuana or marihuana products
be grown in a manner so as to reasonably
ical marihuana patient, caregiver, or licensed
for personal use or owns or works at a mar-
prevent unauthorized access to or harvesting
entity as provided in Michigan law or the laws
ihuana establishment, shall be presumed to
of the plants, and the marihuana produced
of any other unit of government;
be engaging in activities made legal by this
from the plants must not be made available
(e) Allow a person under the age of 18 to
act, and shall not be subject to disciplinary
for sale.
use or possess marihuana products without
action, search, seizure of property, arrest,
(d) Transferring 2.5 ounces or less of mari-
a written physician’s recommendation for the
prosecution, any criminal or civil penalties,
huana without remuneration to a consumer.
medical use of marihuana and written paren-
nor be denied any right or privilege including
(e) Consuming marihuana on private prop-
tal consent to control the acquisition, dosage,
but not limited to education, child custody,
erty, or on public property as otherwise
and frequency of the medical use of mari-
health care, public assistance, organ trans-
allowed by law.
plant, purchase and possession of firearms
(f) Assisting another consumer in any of
(f) Allow a person under the age of 21 to
and ammunition, access to any banking or
the acts described in subdivisions (a) to (e).
transfer marihuana to any person;
financial services, the right to vote or to serve
(g) Manufacturing, acquiring, or possessing
(g) Discharge a state department, agency,
on a jury, or disciplinary action by a busi-
marihuana or marihuana products or acces-
board, or commission from any statutory or
ness or occupational or professional licensing
sories, or selling marihuana or marihuana
constitutional duty to regulate medical mari-
board or bureau.
products or accessories to a consumer.
Enacting Section 1. This act takes effect
(h) Cultivating, harvesting, processing,
Sec. 10. (a) Upon sale to a consumer, all
March 1, 2017.


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