HOUSE BILL NO. 5107

A bill to amend 2018 IL 1, entitled

"Michigan Regulation and Taxation of Marihuana Act,"

by amending sections 5 and 15 (MCL 333.27955 and 333.27965).

the people of the state of michigan enact:

Sec. 5. (1) 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4, of this act, the following acts by a person who is 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:

(a) except as permitted by Subject to subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of the marihuana may be in the form of marihuana concentrate. ;

(b) within All of the following within the person's residence: , possessing,

(i) Possessing, storing, and processing not more than 10 ounces of marihuana, and any except that not more than 200 grams of the marihuana may be in the form of marihuana concentrate.

(ii) Possessing, storing, and processing not more than 2.5 kilograms of marihuana produced by marihuana plants cultivated on the premises, except that not more than 200 grams of the marihuana may be in the form of marihuana concentrate. and cultivating

(iii) Cultivating not more than 12 marihuana plants for personal use, provided that no not more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;the same time.

(c) assisting Assisting another person who is 21 years of age or older in any of the acts described in this section. ; and

(d) giving Giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person who is 21 years of age or older, as long as the transfer is not advertised or promoted to the public.

(2) 2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4, of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person who is 21 years of age or older and the distribution or sale of marihuana accessories to a person who is 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege.

(3) 3. A person shall must not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

Sec. 15. A person who commits any of the following acts, and who 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 section 5, cultivates not more than the amount of marihuana allowed by 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 section 5, or possesses with intent to deliver not more than the amount of marihuana allowed by 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 2 times the amount of marihuana allowed by section 5, cultivates not more than twice 2 times the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age or older not more than twice 2 times the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice 2 times the amount of marihuana allowed by 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 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 2 times the amount of marihuana allowed by section 5 but less than 10 kilograms of marihuana or less than 1 kilogram of marihuana concentrate, cultivates more than twice 2 times the amount of marihuana allowed by section 5 but fewer than 50 marihuana plants, or delivers without receiving any remuneration to a person who is at least 21 years of age or older more than twice 2 times the amount of marihuana allowed by 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 House Bill No. 5105 (request no. H04432'25) of the 103rd Legislature is enacted into law.