Initiation Of Legislation (Sample Petition) (Page 2 of 2) in pdf

INITIATION OF LEGISLATION

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

THE PEOPLE OF THE STATE OF MICHIGAN

accessory, marihuana product, or licit prop-

heavy machinery while using marihuana.”

ENACT:

erty that is possessed, owned, or used

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.”

forfeited.

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.

gram.

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

privilege.

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-

products.

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

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

manufacturing,

compounding,

converting,

sale of hemp and hemp-derived products is

establishments.

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,

dards.

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

store.

If a locality does not allow the operation of

implementing this act or performance of an

(h)

“Marihuana

product

manufacturing

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-

locality.

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

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

ries.

whether the operator of a motor vehicle is

other

(b)

Cultivating,

growing,

harvesting,

under the influence of marihuana;

Section of this act that can be given full effect.

possessing,

propagating,

processing,

(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

ihuana products, and marihuana accessories

available for sale.

occupies, owns, or controls a property from

to the extent that the interest is lawful under

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.

huana;

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.

huana.

Enacting Section 1. This act takes effect

(h) Cultivating, harvesting, processing,

Sec. 10. (a) Upon sale to a consumer, all

March 1, 2017.

Initiation Of Legislation (Sample Petition) Page 2

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