BillCam

HOUSE BILL No. 4503

April 25, 2019, Introduced by Rep. Lilly and referred to the Committee on Judiciary.

A bill to amend 2018 IL 1, entitled

"Michigan regulation and taxation of marihuana act,"

by amending sections 4 and 15 (MCL 333.27954 and 333.27965).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. (1) 1. This act does not authorize any of the

following:

(a) operating, Operating, navigating, or being in physical

control of any motor vehicle, aircraft, snowmobile, off-road

recreational vehicle, or motorboat while under the influence of

marihuana. ;

(b) transfer of Transferring marihuana or marihuana

accessories to a person under the age of younger than 21 years of

age. ;

to possess, consume, purchase or otherwise obtain, cultivate,

process, transport, or sell marihuana. ;

(d) separation of Separating plant resin by butane extraction

or another method that utilizes a substance with a flashpoint below

100 degrees Fahrenheit in any public place, motor vehicle, or

within the curtilage of any residential structure. ;

(e) consuming Consuming marihuana in a public place or smoking

marihuana where prohibited by the person who owns, occupies, or

manages the property. , except for For purposes of this

subdivision, a public place does not include an area designated for

consumption within a municipality that has authorized consumption

in designated areas that are not accessible to persons under a

person younger than 21 years of age. ;

(f) cultivating Cultivating marihuana plants if the plants are

visible from a public place without the use of binoculars,

aircraft, or other optical aids or outside of an enclosed area

equipped with locks or other functioning security devices that

restrict access to the area. ;

(g) consuming Consuming marihuana while operating, navigating,

or being in physical control of any motor vehicle, aircraft,

snowmobile, off-road recreational vehicle, or motorboat, or smoking

marihuana within the passenger area of a vehicle upon a public way.

;

(h) possessing Possessing marihuana accessories or possessing

or consuming marihuana on the grounds of a public or private school

where children attend classes in preschool programs, kindergarten

programs, or grades 1 through to 12, in a school bus, or on the

grounds of any correctional facility. ; or

(i) Possessing more than 2.5 ounces of marihuana within a

person's place of residence unless the excess marihuana is stored

in a container or area equipped with locks or other functioning

security devices that restrict access to the contents of the

container or area.

(j) A person to violate either of the following:

(i) Section 5k(2) of 1927 PA 372, MCL 28.425k.

(ii) Section 237(1)(c) of the Michigan penal code, 1931 PA

328, MCL 750.237.

(2) 2. This act does not limit any privileges, rights,

immunities, or defenses of a person as provided in the Michigan

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the

medical marihuana facilities licensing act, 2016 PA 281, MCL

333.27101 to 333.27801, or any other law of this state allowing for

or regulating marihuana for medical use.

(3) 3. This act does not require an employer to permit or

accommodate conduct otherwise allowed by this act in any workplace

or on the employer's property. This act does not prohibit an

employer from disciplining an employee for violation of violating a

workplace drug policy or for working while under the influence of

marihuana. This act does not prevent prohibit an employer from

refusing to hire, discharging, disciplining, or otherwise taking an

adverse employment action against a person with respect to hire,

tenure, terms, conditions, or privileges of employment because of

that person's violation of a workplace drug policy or because that

person was working while under the influence of marihuana.

(4) 4. This act allows a person to A person may prohibit or

otherwise regulate the consumption, cultivation, distribution,

processing, sale, or display of marihuana and marihuana accessories

on property the person owns, occupies, or manages, except that a

lease agreement may not prohibit a tenant from lawfully possessing

and consuming marihuana by means other than smoking.

(5) 5. All other laws inconsistent with this act do not apply

to conduct that is permitted by this act.

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), (h), or (j), 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.

in section 4(1)(a), 4(1)(d), or 4(1)(g), (d), (g), or (j), 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.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 100th Legislature are

enacted into law:

(a) Senate Bill No.____ or House Bill No. 4501 (request no.

02174'19).

(b) Senate Bill No.____ or House Bill No. 4502 (request no.

02174'19 a).

02174'19 c).