The Michigan Regulation and Taxation of Marihuana Act took effect on December 6, 2018. Since that time, a lot of people have been wondering what exactly this means. What can people do? What can’t people do? What rights do property owners and employers have? Hopefully, this brief overview will help answer some of those questions.
The act has made it legal in the State of Michigan for a person 21 years of age or older to:
1) Possess, use or consume, internally possess, purchase, transport, or process 2.5 ounces of marijuana, except that not more than 15 grams of marijuana may be in the form of marijuana concentrate;
2) Possess, store and process not more than 10 ounces of marijuana; any marijuana produced by marijuana plants for personal use, provided that no more than 12 marijuana 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 the section; and,
4) Give away or otherwise transfer up to 2.5 ounces of marijuana, except that not more than 15 grams of marijuana may be in the form of a marijuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
A municipality can limit the number of marijuana establishments within their borders up to, and including, prohibiting them all together. Landlords can prohibit all conduct otherwise legal under this act other than lawfully possessing and consuming marijuana by means other than smoking. Employers can still maintain a workplace drug policy, prohibit use on their property and prohibit working under the influence of marijuana. Additionally, employers can refuse to hire, discipline and even dismiss an employee for failing to comply with a workplace drug policy.
As always, consult an attorney if you have specific legal questions, or are looking for more in-depth answers.
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