Feb 292016
 February 29, 2016

michigan marijuanaSenator Coleman Young II introduced a bill and a Resolution related to marijuana in the Michigan Senate on Feb. 24.

Senate Bill 813 would establish the “Nonmedical Marihuana Code”. It would legalize marijuana and allow possession of one ounce and 5 flowering plants per adult, plus an unlimited amount of marijuana generated from the plants, provided that stash is kept where the garden is. Out-of-state visitors are allowed one-half an ounce of flower. Hashish: 5 grams for residents, one gram for tourists.

On the positive side, the bill allows for marijuana lounges; transfer of up to one ounce and six immature plants to another without compensation;  smoking and driving could result in a small fine for first and subsequent occurrences, with the possibility of suspended license;

Slightly disappointing are the provisions requiring marijuana gardens to be hidden from view by anyone and criminal protections for commercial extract makers agaist individuals making the substance for their own use. Although water- and glycerine-based extractions seem to be available to everyone, all other extraction methods are only legally performed by licensed marijuana products manufacturers- and violation is a three-year felony.

Even more disturbing is the taxation portion of the proposal. Sen. Young II’s proposal includes a $50.00 per ounce tax on marijuana flowers, a $25.00 tax per immature marijuana plant and a $15.00 per ounce tax on all other marijuana. Tax would be assessed at the time of transfer from growing center to any of the three destination locations: a lounge, a production facility or a retail distribution center.

Sen. Young II intended this law to be iron-clad. It would ‘occupy the field,’ as lawyers like to say, meaning no other law would exist that could conflict with this bill’s proposal.

(3) This act is intended to be complete within itself to regulate the entire field of growth, manufacture, distribution, retail sale, possession, and use of marihuana, other than medical marihuana, and supersedes any conflicting law except a law regulating marihuana for medical use.

Senate Joint Resolution O would amend Section 40a, Article IV of the Michigan Constitution by joint action of the Senate and House of Representatives to decriminalize possession of marijuana or marijuana products. The text of the Resolution is below.

SEC. 40A. THE LEGISLATURE SHALL NOT ADOPT A LAW THAT MAKES POSSESSION OR USE OF MARIHUANA OR MARIHUANA PRODUCTS BY AN ADULT A CRIMINAL OR CIVIL OFFENSE. A LAW THAT PROVIDES CRIMINAL OR CIVIL SANCTIONS FOR MERE POSSESSION OR USE OF MARIHUANA OR MARIHUANA PRODUCTS BY AN ADULT IS VOID. THE LEGISLATURE MAY ENACT LAWS WITH CRIMINAL OR CIVIL SANCTIONS FOR POSSESSION OR USE OF MARIHUANA BY AN ADULT ONLY AS TO TIME, PLACE, AND MANNER TO PROTECT THE PUBLIC HEALTH AND SAFETY. THIS SECTION DOES NOT PROHIBIT OR INVALIDATE A LAW REGULATING THE SALE, TRANSFER, CULTIVATION, OR MANUFACTURE OF MARIHUANA OR MARIHUANA PRODUCTS.

Resolved further, That the foregoing amendment shall be submitted to the people of the state at the next general election in the manner provided by law.

Sen. Young II removes criminality from carrying marijuana or marijuana products but leaves the act of acquiring or making them illegal. In order to exercise your right of legality you must first break the law, under the Joint Resolution O language.

Both the Bill and the Resolution have been referred to the Senate Judiciary Committee, where they are likely to meet grave resistance.

Source: The Compassion Chronicles

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About Rick Thompson

"Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer."Rick Thompson Is An Author At The Compassion Chronicles and focuses on all things Michigan.
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  14 Responses to “Bills To Decriminalize, Legalize Marijuana Introduced In Michigan Senate”

  1.  

    Don’t be fooled by marijuana “decriminalization” because citizens are still going to be treated like common criminals for marijuana under it. This is what prohibitionists such as Kevin Sabet will settle for.

    Citizens will STILL be forced to the dangerous black market and a shady illegal street drug dealer to purchase their marijuana. Getting caught buying it is STILL a crime they will arrest and jail you for.

    Don’t Let’em Fool Us!!!

    If you can’t purchase it legally, then it isn’t legal.

    This will not suffice! Getting caught purchasing marijuana is still considered a serious “drug deal” and you will be prosecuted for it!

    DEMAND FULL MARIJUANA LEGALIZATION NATIONWIDE!

    •  

      You’re a idiot. First off national decriminalization is inevitable at this point, its just a matter of time and more recognition. Secondly the whole point of this bill is to regulate retail sale and use of marijuana in the state of Michigan. The whole point of passing this is so cops can stop wasting their time committing people for marijuana and pointlessly ruining careers. It lets them focus on arresting the people actually causing problems with violence and civil infarction.

    •  

      Agreed. On the positive side of things, there are many items in here that are leaps and bounds ahead of many states, including the Kingdom of New York, under King Cuomo.
      Michigan is on the right track. There will be massaging of the bill, and the traditional “stroking” of those who just “don’t get it”. Nevertheless, there IS progress in the wind — not only in Michigan, but all over (except NYS).
      Keep on pushing, pushing, pushing for freedom of choice without fear of persecution or prosecution. Home cultivation is the major issue with many. It should be their right to cultivate their own plants (and medicine, if applicable). Our home is OUR home —- not yours, Big Brother.

  2.  

    “grave resistance” is an understatement. This bill and res. are barely acceptable the way they are and from past actions we can assume the Senate Jud. Comm. will destroy the bill further.

    Our(Michigan) Senate and house and led by haters. Nothing good will come out of this. My prediction is they will sq

  3.  

    Well this bill was only about 1/8 good the rest is crap. $50. Tax on an ounce.bs. along with keeping or creating other penalties. How about we penalize our government for being corrupt? Come on the people have spoken and more and more are speaking up. We are tired of prohibition tired of the corruption that prohibition creates and damn tired of lives being ruined because of unjust laws and regulations that is supported by lies and trickery and enhanced by corporate greed and political ties. Legalize Marijuana or put your cushy jobs in Jeopardy. The tide is turning don’t get your ignorance and your job left behind.

  4.  

    This is bull shit legislation from a bull shit politician looking to pad his buddies wallets. Get out and sign the MIlegalize petition!! Tell your friends and family. We have 3 weeks left to get enough sigs to get this on the November election ballot.
    MI Legalize if FOR the citizens rights, not the politicians rights. And generates new revenue for public roads and schools.
    http://Www.milegalize.com

  5.  

    I think this bill is meant to show those in opposition of legalization that not the entire government opposes marijuana. Even if it isn’t implemented it brings recognition to marijuana and then during the election people may be now obliged to vote for Michigan legalization with one of the petitions that are bound to make the ballot. Also $50 an ounce of tax is pretty high so if this does take it’s going to be expensive but also there will be a significant amount of money going back to where it’s needed here in Michigan so that’s a plus. Let me know what you think…

  6.  

    Ah. The legal cartels have bought themselves some politicians.

    No more taxed or regulated than tomatoes.

  7.  

    Amazing how far we have come, and how far we have to go……….

  8.  

    Once again, government officials are trying to legalize cannabis while taxing it and making sure that it remains at black market prices.

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