BLOG: SOME THINGS YOU SHOULD KNOW BEFORE YOU FIRE UP
As enough of you are aware, Michigan citizenry approved the Michigan Regulation and Taxation of Marijuana Act (MRTMA) MCL 333.27951 et seq which legalized the recreational use of marijuana. BUT, before you break out the bong, there are some important aspects of the law you should be aware of:
1. The law controls the commercial production of marijuana which includes growing operations, testing facilities, distribution and retail sales under a system that LICENSES, REGULATES and TAXES the businesses involved.
2. It is not unlawful to give up to 2.5 ozies of your stash to friends;
a. It must be in the form of a gift; you accept nothing in return except a hearty handshake.
b. Only ½ an ounce can be in the form of a concentrate.
c. Your friend must be a person 21 years of age or older. There was a big fight in the legislature to include “or older”.
d. The transfer must not be advertised or promoted to the public.
3. Licenses must be acquired from the State for the following COMERCIAL activities:
a. marijuana retailer;
b. marijuana safety compliance facility;
c. marijuana secure transporter;
d. marijuana processor;
e. marijuana microbusiness;
f. Class A: marijuana grower (Cultivation of 100 plants or less);
g. Class B: marijuana grower (Cultivation of 500 plants or less);
h. Class C.: marijuana grower (Cultivation of 2,000 plant’s or less);
4. Taxation on retailers and microbusinesses is 10% of the sales price.
a. Employers do NOT have to accommodate ANY cannabis USE in the workplace.
b. Even if the worker has a legitimate marijuana card, the USE of medical marijuana is not considered a reasonable accommodation for disabilities.
c. The employer does not have to provide breaks or places for the consumption of medical marijuana during working hours.
d. Employers may take adverse actions against employees who are under the influence or who have THC in their system even if the employee holds a medical marijuana card. NO MICHIGAN LAW REQUIRES EMPLOYERS TO ACCOMMODATE OR TOLERATE THE USE OF MAJRIUANA.
PLEASE REMEMBER THAT THIS IS JUST A SUMMARY OF A VERY NEW VASTLY COMPREHENSIVE AND COMPLICATED LAW. THE REGULATIONS GOVERNING ITS IMPLEMENTATION ARE STILL BEING DRAFTED AND HAVE NOT BEEN TESTED IN THE COURTS. IT IS UNCLEAR HOW OR IF THEY WILL JIVE WITH THE UNITED STATES CONSTITUTION OR FEDERAL STATUTES AND REGULATIONS. ONLY A QUALIFIED LAW FIRM CAN GIVE YOU SOUND ADVICE BASED ON THE SPECIFIC FACTS OF YOUR SITUATION. AT THE LAW OFFICES OF JOUMANA KAYROUZ PLLC WE HAVE OVER A CENTURY OF COLLECTIVE EXPERIENCE AND PRACTICE TO APPLY AGE-OLD WISDOM TO UP TO THE MINUTE CHANGES IN THE LAW.