MEDICAL MARIHUANA: LOCATIONS S.B. 783:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 783 (as introduced 2-12-14)
CONTENT
The bill would amend the Michigan Medical Marihuana Act to prohibit the possession or smoking of medical marihuana on private property, in violation of a prohibition established by the property owner. The bill also would prohibit smoking medical marihuana 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 possess marihuana, or otherwise engage in the medical use of marihuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility. The bill also specifies that the Act would not permit a person to possess marihuana, or otherwise engage in its medical use, on private property in violation of a prohibition established by the property owner. This provision would not apply to a lessee of private residential property except as to the owner's prohibition against smoking or growing marihuana.
In addition, the Act provides 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.
(Under the Public Health 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.)
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. 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.
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.