Recreational marijuana: What you should know
by Chief John Torres
The citizens of this great state have spoken, and the use marijuana for recreational purposes will soon become legal in Michigan. Whether you agree with the passage of this law or not, we must respect the process. Simply put, the yeas have it. For those who have questions, here are some excerpts from a few sources in a Q & A format.
When does the law take effect?
The law takes effect 10 days after the date of the official declaration of the vote, certified by the Board of State Canvassers.
What does the law allow?
It now will be legal for persons 21 years old and over to possess, use or consume, internally possess, purchase, transport, or process 2.5 ounces or less of marijuana, but not more than 15 grams of marijuana may be in the form of marijuana concentrate. The person may also possess, store and process not more than 10 ounces of marijuana from plants cultivated on the premises, and a person may not cultivate more than 12 plants. Further, the plants cannot be grown in a location visible from the outside.
What does the law prohibit?
Residents still can’t smoke marijuana in public or drive a vehicle under the influence. Nor can they possess marijuana at a K-12 school or on lands owned by the federal government, such as national forests or parks. Residents may grow plants but they can’t sell them. Sales of any cannabis product require state licensing and testing.
Will the police stop enforcing pot possession laws before the new law takes effect?
Until the law goes into effect, marijuana is still illegal, so it is still possible that a person could be arrested for possession. Most likely, that would depend on the seriousness of the situation and whether other factors exist, such as quantity and the presence of weapons, etc.
Can I go to the store and buy a joint next month?
No. Personal possession and cultivating will be legal soon, but state and local governments must establish regulations before products hit the shelves. The Department of Licensing and Regulatory Affairs (LARA) will be in charge of this portion of the law.
Isn’t marijuana still illegal under federal law?
Yes. You may be prosecuted if caught possessing on federal lands and parks. Also, many legal experts say that landlords still can ban tenants from using marijuana even in states that legalized it.
What is the penalty for a violation of the law?
1stviolation: Civil infraction and $500 fine.
2ndviolation: Civil infraction and $1,000 fine.
3rd or subsequent violation: Misdemeanor and $2,000 fine and forfeiture of marijuana.
There are other fines and penalties for persons under 21 years old who violate this law. For more information go to the link:
https://www.michigan.gov/documents/sos/Full_Text_-_CRMLA_635255_7.pdf
Additional sources: Bridgemi.com and Michigan Association of Chiefs of Police
Be vigilant. Be safe.
Chief Torres
Chief John Torres, a native of Flint, began his career as a reserve police officer before joining the City of Lansing Police where he served for more than 14 years. He joined the Stockbridge Police Department in 2009 and became its chief in 2011. He holds a bachelor’s degree from the University of Michigan-Flint and is married with two adult children.