HOUSE BILL NO. 5549

February 25, 2020, Introduced by Reps. Filler, Rabhi, LaGrand, Meerman, Hall, Marino, Crawford, Cambensy, Chirkun, Greig, Hertel and Tate and referred to the Committee on Government Operations.

"Michigan Regulation and Taxation of Marihuana Act,"

by amending section 15 (MCL 333.27965).

the people of the state of michigan enact:

Sec. 15. A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, commit the acts, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law:

(a) 1. Except for a person who engaged in conduct described in sections section 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), (b), (c), (d), (g), or (h), a person who possesses not more than the amount of marihuana allowed by under section 5, cultivates not more than the amount of marihuana allowed by under section 5, delivers without receiving any remuneration to a person who is at least 21 years of age or older not more than the amount of marihuana allowed by under section 5, or possesses with intent to deliver not more than the amount of marihuana allowed by under section 5, is responsible for a civil infraction and may be punished by a fine of not more than $100 $100.00 and forfeiture of the marihuana.

(b) 2. Except for a person who engaged in conduct described in section 4, a person who possesses not more than twice the amount of marihuana allowed by under section 5, cultivates not more than twice the amount of marihuana allowed by under section 5, delivers without receiving any remuneration to a person who is at least 21 years of age or older not more than twice the amount of marihuana allowed by under section 5, or possesses with intent to deliver not more than twice the amount of marihuana allowed by under section 5, may be punished as follows:

(i) (a) for For a first violation, the person is responsible for a civil infraction and may be punished by a fine of not more than $500 $500.00 and forfeiture of the marihuana. ;

(ii) (b) for For a second violation, the person is responsible for a civil infraction and may be punished by a fine of not more than $1,000 $1,000.00 and forfeiture of the marihuana. ;

(iii) (c) for For a third or and any subsequent violation, the person is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 $2,000.00 and forfeiture of the marihuana.

(c) 3. Except for a person who engaged in conduct described by in section 4(1)(a), 4(1)(d), or 4(1)(g), (d), or (g), a person under younger than 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants may be punished as follows:

(i) (a) for For a first violation, the person is responsible for a civil infraction and may be punished as follows:

(A) (1) if If the person is less younger than 18 years of age, by a fine of not more than $100 $100.00 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling. ; or

(B) (2) if If the person is at least 18 years of age or older, by a fine of not more than $100 $100.00 and forfeiture of the marihuana.

(ii) (b) for For a second violation, the person is responsible for a civil infraction and may be punished as follows:

(A) (1) if If the person is less younger than 18 years of age, by a fine of not more than $500 $500.00 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling. ; or

(B) (2) if If the person is at least 18 years of age or older, by a fine of not more than $500 $500.00 and forfeiture of the marihuana.

(d) 4. Except for a person who engaged in conduct described in section 4, a person who possesses more than twice the amount of marihuana allowed by under section 5, cultivates more than twice the amount of marihuana allowed by under section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age or older more than twice the amount of marihuana allowed by under section 5, shall be is responsible for a misdemeanor, but shall is not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.

(e) A person who, without holding a state license, engages in an activity that requires a state license is responsible for a civil infraction and shall be punished by a fine of $10,000.00 for each day that the violation continues.