MCL - Initiated Law 1 of 2018


Initiated Law 1 of 2018

An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. If not enacted by the Michigan State Legislature in accordance with the Michigan Constitution of 1963, the proposed legislation is to be voted on at the General Election, November 6, 2018.

History: 2018, Initiated Law 1, Eff. Dec. 6, 2018
Compiler's Notes: This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.

The People of the State of Michigan enact:
Document Type Description
Section 333.27951 Section Short title.
Section 333.27952 Section Purpose and intent.
Section 333.27953 Section Definitions.
Section 333.27954 Section Scope of act; unauthorized activities with marihuana and marihuana accessories; limitations; application of privileges, rights, immunities, and defenses under other marihuana laws; employer rights; property owner rights.
Section 333.27955 Section Lawful activities by person 21 years of age or older; terms, conditions, limitations, and restrictions; denial of custody or visitation prohibited.
Section 333.27956 Section Adoption or enforcement of ordinances by municipality; marihuana establishment local license; annual fee; restrictions on transportation or other facilities prohibited.
Section 333.27957 Section Implementation, administration, and enforcement by cannabis regulatory agency; powers and duties; agreement with Indian tribe; conflict of interest; liability; cooperation of department of state police.
Section 333.27958 Section Rules; limitations.
Section 333.27959 Section License to operate a marihuana establishment; application; qualifications; issuance; disclosure.
Section 333.27959a Section Operation of a marihuana establishment; approval; marijuana regulatory agency; notice of violation.
Section 333.27960 Section Lawful activities by marihuana grower, processor, transporter, or retailer; limitations; contracts related to operation of marihuana establishments.
Section 333.27961 Section Marihuana establishments; requirements; limitations.
Section 333.27961a Section Direct sale or transfer of marihuana to minor or intoxicated individual; prohibition; right of action; indemnification; defenses; rebuttable presumption; damages; insurance coverage required; civil action; definitions.
Section 333.27962 Section Deduction of certain expenses from income.
Section 333.27963 Section Imposition of excise tax; administration by department of treasury; exemptions.
Section 333.27964 Section Marihuana regulation fund; creation; administration; allocation of expenditures.
Section 333.27965 Section Violations; penalties.
Section 333.27966 Section Failure to act by department; application to municipality.
Section 333.27967 Section Construction of act; effect of federal law; severability.