MEDICAL MARIHUANA: LOCATIONS S.B. 783 (S-3):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 783 (Substitute S-3 as reported by the Committee of the Whole)
CONTENT
The bill would amend the Michigan Medical Marihuana Act to prohibit smoking medical marihuana on private property in violation of a prohibition established by the property owner, and in any portion of private property that was open to the public.
The Act authorizes the possession and use of limited amounts of marihuana by individuals suffering from certain conditions. The Act provides, however, that it does not permit any person to smoke marihuana on any form of public transportation or in any public place. Under the bill, any public place would include any portion of private property that was open to the public. The bill also specifies that the Act would not permit a person to smoke marihuana on private property in violation of a prohibition established by the property owner.
In addition, the bill states that nothing in the Act could be constructed to require a private property owner to lease residential property to a person who smoked or cultivated marihuana on the premises, if that activity were prohibited in the written lease.
MCL 333.26427 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have an indeterminate, but likely negligible, fiscal impact on State and local government. The bill would clarify and potentially expand the areas in which medical marihuana use is prohibited under the Michigan Medical Marihuana Act. This could result in a marginal increase in the number of individuals found in violation of the Public Health Code provisions outlawing the possession and/or use of marihuana. (Under the Code, possession of marihuana is a misdemeanor punishable by up to one year's imprisonment and/or a maximum fine of $2,000. Use of marihuana is a misdemeanor punishable by up to 90 days' imprisonment and/or a maximum fine of $100.) There are no data to indicate how many offenders this would affect, but the resulting misdemeanors could lead to a marginal increase in incarceration costs for local units and/or community supervision costs for the State.
Date Completed: 2-27-14 Fiscal Analyst: John Maxwell
This 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.