BAN ON MARIHUANA CLUBS & BARS S.B. 17 (S-1): FLOOR SUMMARY
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Senate Bill 17 (Substitute S-1 as reported)
Sponsor: Senator Rick Jones
Committee: Health Policy

CONTENT
The bill would amend the Public Health Code to prohibit a person from organizing or operating a marihuana club or marihuana bar; or knowingly allowing land or a structure on land he or she owned or possessed to be used as a marihuana club or marihuana bar.

A person who violated the prohibition would be guilty of a misdemeanor punishable by imprisonment for up to 90 days and/or a maximum fine of $500.

"Marihuana club" would mean an association of individuals with membership restricted to those who pay money or any other thing of value to become members, whose purpose is to allow more than one individual to use marihuana under the Michigan Medical Marihuana Act at the same time in the same place.

"Marihuana bar" would mean property where an individual is allowed to use marihuana under the Michigan Medical Marihuana Act, if the use of marihuana on the property is conditioned on the payment of a fee. "Payment of a fee" would mean the payment of money or any other thing of value. It would include the purchase of goods or services, including those that are not incidental to the use of marihuana, and the payment of money or any other thing of value to belong to an association of individuals.


The terms "marihuana bar" and "marihuana club" would not include any of the following:

-- Property used as a licensed hospice.
-- Property used as a licensed nursing home or skilled nursing facility.
-- Property where marihuana is legally dispensed under the Michigan Medical Marihuana Act.


Proposed MCL 333.7421 Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would be convicted of the proposed misdemeanor. Local governments would incur the costs of incarceration in local facilities, which vary by county. Additional penal fine revenue would benefit public libraries.


Date Completed: 3-4-11 Fiscal Analyst: Matthew Grabowski

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb17/1112