Alcona County Republicans
We encourage you to read the actual legislation in its entirety and form your own opinion. The Alcona County Republicans want you to feel comfortable with your decisions. We have done our due diligence, read the proposals and educated ourselves to form the conclusion that a NO vote on all three proposals is warranted.
PROPOSAL 18-1 - Vote NO on Prop 1
Of all the proposals, this one has the greatest ramifications if passed. Here's the complex wording.
INITIATION OF LEGISLATION An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. The people of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.
Sec. 2. The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older, to make industrial hemp legal under state and local law, and to control the commercial production and distribution of marihuana under a system that licenses, regulates, and taxes the businesses involved. The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older; remove the commercial production and distribution of marihuana from the illicit market; prevent revenue generated from commerce in marihuana from going to criminal enterprises or gangs; prevent the distribution of marihuana to persons under 21 years of age; prevent the diversion of marihuana to illicit markets; ensure the safety of marihuana and marihuana-infused products; and ensure security of marihuana establishments. To the fullest extent possible, this act shall be interpreted in accordance with the purpose and intent set forth in this section.
Sec. 3. As used in this act:
(a) "Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
(b) "Department" means the department of licensing and regulatory affairs.
(c) "Industrial hemp" means a plant of the genus cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent ofdelta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.
(d) "Licensee" means a person holding a state license.
(e) "Marihuana" means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include:
(1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) industrial hemp; or
(3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(f) "Marihuana accessories" means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.
(g) "Marihuana concentrate" means the resin extracted from any part of the plant of the genus cannabis.
(h) "Marihuana establishment" means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department.
(i) "Marihuana grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
(j) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
(k) "Marihuana microbusiness" means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
(l) "Marihuana processor" means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
(m) "Marihuana retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
(n) "Marihuana secure transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
(o) "Marihuana safety compliance facility" means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
(p) "Municipal license" means a license issued by a municipality pursuant to section 16 of this act that allows a person to operate a marihuana establishment in that municipality.
(q) "Municipality" means a city, village, or township.
(r) "Person" means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
(s) "Process" or "Processing" means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.
(t) "State license" means a license issued by the department that allows a person to operate a marihuana establishment.
(u) "Unreasonably impracticable" means that the measures necessary to comply with the rules or ordinances adopted pursuant to this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment.
1. This act does not authorize:
(a) 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 marihuana or marihuana accessories to a person under the age of 21;
(c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;
(d) separation of 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 marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except 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 21 years of age;
(f) 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 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 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 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.
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. 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 a workplace drug policy or for working while under the influence of marihuana. This act does not prevent 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. This act allows a person to 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. All other laws inconsistent with this act do not apply to conduct that is permitted by this act.
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 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 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 marihuana may be in the form of marihuana concentrate;
(b) within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;
(c) assisting another person who is 21 years of age or older in any of the acts described in this section; and
(d) 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 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
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 21 years of age or older and the distribution or sale of marihuana accessories to a person 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. A person shall 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.
1. Except as provided in section 4, a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries. Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488.
2. A municipality may adopt other ordinances that are not unreasonably impracticable and do not conflict with this act or with any rule promulgated pursuant to this act and that:
(a) establish reasonable restrictions on public signs related to marihuana establishments;
(b) regulate the time, place, and manner of operation of marihuana establishments and of the production, manufacture, sale, or display of marihuana accessories;
(c) authorize the sale of marihuana for consumption in designated areas that are not accessible to persons under 21 years of age, or at special events in limited areas and for a limited time; and
(d) designate a violation of the ordinance and provide for a penalty for that violation by a marihuana establishment, provided that such violation is a civil infraction and such penalty is a civil fine of not more than $500.
3. A municipality may adopt an ordinance requiring a marihuana establishment with a physical location within the municipality to obtain a municipal license, but may not impose qualifications for licensure that conflict with this act or rules promulgated by the department.
4. A municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality.
5. A municipality may not adopt an ordinance that restricts the transportation of marihuana through the municipality or prohibits a marihuana grower, a marihuana processor, and a marihuana retailer from operating within a single facility or from operating at a location shared with a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
1. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. The department shall employ personnel and may contract with advisors and consultants as necessary to adequately perform its duties. No person who is pecuniarily interested, directly or indirectly, in any marihuana establishment may be an employee, advisor, or consultant involved in the implementation, administration, or enforcement of this act. An employee, advisor, or consultant of the department may not be personally liable for any action at law for damages sustained by a person because of an action performed or done in the performance of their duties in the implementation, administration, or enforcement of this act. The department of state police shall cooperate and assist the department in conducting background investigations of applicants. Responsibilities of the department include:
(a) promulgating rules pursuant to section 8 of this act that are necessary to implement, administer, and enforce this act;
(b) granting or denying each application for licensure and investigating each applicant to determine eligibility for licensure, including conducting a background investigation on each person holding an ownership interest in the applicant;
(c) ensuring compliance with this act and the rules promulgated thereunder by marihuana establishments by performing investigations of compliance and regular inspections of marihuana establishments and by taking appropriate disciplinary action against a licensee, including prescribing civil fines for violations of this act or rules and suspending, restricting, or revoking a state license;
(d) holding at least 4 public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to administration of this act;
(e) collecting fees for licensure and fines for violations of this act or rules promulgated thereunder, depositing all fees collected in the marihuana regulation fund established by section 14 of this act, and remitting all fines collected to be deposited in the general fund; and
(f) submitting an annual report to the governor covering the previous year, which report shall include the number of state licenses of each class issued, demographic information on licensees, a description of enforcement and disciplinary actions taken against licensees, and a statement of revenues and expenses of the department related to the implementation, administration, and enforcement of this act.
1. The department shall promulgate rules to implement and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, including:
(a) procedures for issuing a state license pursuant to section 9 of this act and for renewing, suspending, and revoking a state license;
(b) a schedule of fees in amounts not more than necessary to pay for implementation, administration, and enforcement costs of this act and that relate to the size of each licensee or the volume of business conducted by the licensee;
(c) qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment, provided that a prior conviction solely for a marihuana-related offense does not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor;
(d) requirements and standards for safe cultivation, processing, and distribution of marihuana by marihuana establishments, including health standards to ensure the safe preparation of marihuana-infused products and prohibitions on pesticides that are not safe for use on marihuana;
(e) testing, packaging, and labeling standards, procedures, and requirements for marihuana, including a maximum tetrahydrocannabinol level for marihuana-infused products, a requirement that a representative sample of marihuana be tested by a marihuana safety compliance facility, and a requirement that the amount of marihuana or marihuana concentrate contained within a marihuana-infused product be specified on the product label;
(f) security requirements, including lighting, physical security, and alarm requirements, and requirements for securely transporting marihuana between marihuana establishments, provided that such requirements do not prohibit cultivation of marihuana outdoors or in greenhouses;
(g) record keeping requirements for marihuana establishments and monitoring requirements to track the transfer of marihuana by licensees;
(h) requirements for the operation of marihuana secure transporters to ensure that all marihuana establishments are properly serviced;
(i) reasonable restrictions on advertising, marketing, and display of marihuana and marihuana establishments;
(j) a plan to promote and encourage participation in the marihuana industry by people from communities that have been disproportionately impacted by marihuana prohibition and enforcement and to positively impact those communities; and
(k) penalties for failure to comply with any rule promulgated pursuant to this section or for any violation of this act by a licensee, including civil fines and suspension, revocation, or restriction of a state license.
2. In furtherance of the intent of this act, the department may promulgate rules to:
(a) provide for the issuance of additional types or classes of state licenses to operate marihuana-related businesses, including licenses that authorize only limited cultivation, processing, transportation, delivery, storage, sale, or purchase of marihuana, licenses that authorize the consumption of marihuana within designated areas, licenses that authorize the consumption of marihuana at special events in limited areas and for a limited time, licenses that authorize cultivation for purposes of propagation, and licenses intended to facilitate scientific research or education; or
(b) regulate the cultivation, processing, distribution, and sale of industrial hemp.
3. The department may not promulgate a rule that:
(a) establishes a limit on the number of any type of state licenses that may be granted;
(b) requires a customer to provide a marihuana retailer with identifying information other than identification to determine the customer's age or requires the marihuana retailer to acquire or record personal information about customers other than information typically required in a retail transaction;
(c) prohibits a marihuana establishment from operating at a shared location of a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower, marihuana processor, or marihuana retailer from operating within a single facility; or
(d) is unreasonably impracticable.
1. Each application for a state license must be submitted to the department. Upon receipt of a complete application and application fee, the department shall forward a copy of the application to the municipality in which the marihuana establishment is to be located, determine whether the applicant and the premises qualify for the state license and comply with this act, and issue the appropriate state license or send the applicant a notice of rejection setting forth specific reasons why the department did not approve the state license application within 90 days.
2. The department shall issue the following state license types: marihuana retailer; marihuana safety compliance facility; marihuana secure transporter; marihuana processor; marihuana microbusiness; class A marihuana grower authorizing cultivation of not more than 100 marihuana plants; class B marihuana grower authorizing cultivation of not more than 500 marihuana plants; and class C marihuana grower authorizing cultivation of not more than 2,000 marihuana plants.
3. Except as otherwise provided in this section, the department shall approve a state license application and issue a state license if:
(a) the applicant has submitted an application in compliance with the rules promulgated by the department, is in compliance with this act and the rules, and has paid the required fee;
(b) the municipality in which the proposed marihuana establishment will be located does not notify the department that the proposed marihuana establishment is not in compliance with an ordinance consistent with section 6 of this act and in effect at the time of application;
(c) the property where the proposed marihuana establishment is to be located is not within an area zoned exclusively for residential use and is not within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12, unless a municipality adopts an ordinance that reduces this distance requirement;
(d) no person who holds an ownership interest in the marihuana establishment applicant:
(1) will hold an ownership interest in both a marihuana safety compliance facility or in a marihuana secure transporter and in a marihuana grower, a marihuana processor, a marihuana retailer, or a marihuana microbusiness;
(2) will hold an ownership interest in both a marihuana microbusiness and in a marihuana grower, a marihuana processor, a marihuana retailer, a marihuana safety compliance facility, or a marihuana secure transporter; and
(3) will hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness, except that the department may approve a license application from a person who holds an ownership interest in more than 5 marihuana growers or more than 1 marihuana microbusiness if, after January 1, 2023, the department promulgates a rule authorizing an individual to hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness.
4. If a municipality limits the number of marihuana establishments that may be licensed in the municipality pursuant to section 6 of this act and that limit prevents the department from issuing a state license to all applicants who meet the requirements of subsection 3 of this section, the municipality shall decide among competing applications by a competitive process intended to select applicants who are best suited to operate in compliance with this act within the municipality.
5. All state licenses are effective for 1 year, unless the department issues the state license for a longer term. A state license is renewed upon receipt of a complete renewal application and a renewal fee from any marihuana establishment in good standing.
6. The department shall begin accepting applications for marihuana establishments within 12 months after the effective date of this act. Except as otherwise provided in this section, for 24 months after the department begins to receive applications for marihuana establishments, the department may only accept applications for licensure: for a class A marihuana grower or for a marihuana microbusiness, from persons who are residents of Michigan; for a marihuana retailer, marihuana processor, class B marihuana grower, class C marihuana grower, or a marihuana secure transporter, from persons holding a state operating license pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801; and for a marihuana safety compliance facility, from any applicant. One year after the department begins to accept applications pursuant to this section, the department shall begin accepting applications from any applicant if the department determines that additional state licenses are necessary to minimize the illegal market for marihuana in this state, to efficiently meet the demand for marihuana, or to provide for reasonable access to marihuana in rural areas.
7. Information obtained from an applicant related to licensure under this act is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act or the rules promulgated thereunder, the following acts 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 except as authorized by this act, and are not grounds to deny any other right or privilege:
(a) a marihuana grower or an agent acting on behalf of a marihuana grower who is 21 years of age or older, cultivating not more than the number of marihuana plants authorized by the state license class; possessing, packaging, storing, or testing marihuana; acquiring marihuana seeds or seedlings from a person who is 21 years of age or older; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services;
(b) a marihuana processor or agent acting on behalf of a marihuana processor who is 21 years of age or older, possessing, processing, packaging, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services;
(c) a marihuana secure transporter or an agent acting on behalf of a marihuana secure transporter who is 21 years of age or older, possessing or storing marihuana; transporting marihuana to or from a marihuana establishment; or receiving compensation for services;
(d) a marihuana safety compliance facility or an agent acting on behalf of a marihuana safety compliance facility who is 21 years of age or older, testing, possessing, repackaging, or storing marihuana; transferring, obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for services;
(e) a marihuana retailer or an agent acting on behalf of a marihuana retailer who is 21 years of age or older, possessing, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; selling or otherwise transferring marihuana to a person 21 years of age or older; or receiving compensation for goods or services; or
(f) a marihuana microbusiness or an agent acting on behalf of a marihuana microbusiness who is 21 years of age or older, cultivating not more than 150 marihuana plants; possessing, processing, packaging, storing, or testing marihuana from marihuana plants cultivated on the premises; selling or otherwise transferring marihuana cultivated or processed on the premises to a person 21 years of age or older; or receiving compensation for goods or services.
(g) leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under this act;
(h) enrolling or employing a person who engages in marihuana-related activities allowed under this act;
(i) possessing, cultivating, processing, obtaining, transferring, or transporting industrial hemp; or
(j) providing professional services to prospective or licensed marihuana establishments related to activity under this act.
2. A person acting as an agent of a marihuana retailer who sells or otherwise transfers marihuana or marihuana accessories to a person under 21 years of age is not subject to arrest, prosecution, forfeiture of property, disciplinary action by a professional licensing board, denial of any right or privilege, or penalty in any manner, if the person reasonably verified that the recipient appeared to be 21 years of age or older by means of governmentissued photographic identification containing a date of birth, and the person complied with any rules promulgated pursuant to this act.
3. It is the public policy of this state that contracts related to the operation of marihuana establishments be enforceable.
(a) A marihuana establishment may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.
(b) A marihuana establishment may not cultivate, process, test, or store marihuana at any location other than a physical address approved by the department and within an enclosed area that is secured in a manner that prevents access by persons not permitted by the marihuana establishment to access the area.
(c) A marihuana establishment shall secure every entrance to the establishment so that access to areas containing marihuana is restricted to employees and other persons permitted by the marihuana establishment to access the area and to agents of the department or state and local law enforcement officers and emergency personnel and shall secure its inventory and equipment during and after operating hours to deter and prevent theft of marihuana and marihuana accessories.
(d) No marihuana establishment may refuse representatives of the department the right during the hours of operation to inspect the licensed premises or to audit the books and records of the marihuana establishment.
(e) No marihuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment.
(f) No marihuana establishment may sell or otherwise transfer marihuana that was not produced, distributed, and taxed in compliance with this act.
(g) A marihuana grower, marihuana retailer, marihuana processor, marihuana microbusiness, or marihuana testing facility or agents acting on their behalf may not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at one time.
(h) A marihuana secure transporter may not hold title to marihuana.
(i) No marihuana processor may process and no marihuana retailer may sell edible marihuana-infused candy in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marihuana.
(j) No marihuana retailer may sell or otherwise transfer marihuana that is not contained in an opaque, resealable, child-resistant package designed to be significantly difficult for children under 5 years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995), unless the marihuana is transferred for consumption on the premises where sold.
(k) No marihuana establishment may sell or otherwise transfer tobacco.
In computing net income for marihuana establishments, deductions from state taxes are allowed for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying out a trade or business.
1. In addition to all other taxes, an excise tax is imposed on each marihuana retailer and on each marihuana microbusiness at the rate of 10% of the sales price for marihuana sold or otherwise transferred to anyone other than a marihuana establishment.
2. Except as otherwise provided by a rule promulgated by the department of treasury, a product subject to the tax imposed by this section may not be bundled in a single transaction with a product or service that is not subject to the tax imposed by this section.
3. The department of treasury shall administer the taxes imposed under this act and may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328 that prescribe a method and manner for payment of the tax to ensure proper tax collection under this act.
1. The marihuana regulation fund is created in the state treasury. The department of treasury shall deposit all money collected under section 13 of this act and the department shall deposit all fees collected in the fund. The state treasurer shall direct the investment of the fund and shall credit the fund interest and earnings from fund investments. The department shall administer the fund for auditing purposes. Money in the fund shall not lapse to the general fund.
2. Funds for the initial activities of the department to implement this act shall be appropriated from the general fund. The department shall repay any amount appropriated under this subsection from proceeds in the fund.
3. The department shall expend money in the fund first for the implementation, administration, and enforcement of this act, and second, until 2022 or for at least two years, to provide $20 million annually to one or more clinical trials that are approved by the United States food and drug administration and sponsored by a non-profit organization or researcher within an academic institution researching the efficacy of marihuana in treating the medical conditions of United States armed services veterans and preventing veteran suicide. Upon appropriation, unexpended balances must be allocated as follows:
(a) 15% to municipalities in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the municipality;
(b) 15% to counties in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the county;
(c) 35% to the school aid fund to be used for K-12 education; and
(d) 35% to the Michigan transportation fund to be used for the repair and maintenance of roads and bridges.
A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, 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:
1. Except for a person who engaged in conduct described in sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(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 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 and forfeiture of the marihuana.
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 section 5, cultivates not more than twice the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice the amount of marihuana allowed by section 5:
(a) for a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana;
(b) for a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana;
(c) for a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.
3. Except for a person who engaged in conduct described by section 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:
(a) for a first violation, is responsible for a civil infraction and may be punished as follows:
(1) if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or
(2) if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana.
(b) for a second violation, is responsible for a civil infraction and may be punished as follows:
(1) if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling; or
(2) if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana.
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 section 5, cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by section 5, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.
1. If the department does not timely promulgate rules as required by section 8 of this act or accept or process applications in accordance with section 9 of this act, beginning one year after the effective date of this act, an applicant may submit an application for a marihuana establishment directly to the municipality where the marihuana establishment will be located.
2. If a marihuana establishment submits an application to a municipality under this section, the municipality shall issue a municipal license to the applicant within 90 days after receipt of the application unless the municipality finds and notifies the applicant that the applicant is not in compliance with an ordinance or rule adopted pursuant to this act.
3. If a municipality issues a municipal license pursuant to this section:
(a) the municipality shall notify the department that the municipal license has been issued;
(b) the municipal license has the same force and effect as a state license; and
(c) the holder of the municipal license is not subject to regulation or enforcement by the department during the municipal license term.
This act shall be broadly construed to accomplish its intent as stated in section 2 of this act. Nothing in this act purports to supersede any applicable federal law, except where allowed by federal law. All provisions of this act are self-executing. Any section of this act that is found invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.
Proposition 18-2 - Vote NO on Prop 2
This is NOT a constitutional amendment, it's a rewrite. The elimination of 15 paragraphs and the addition of 27 paragraphs throughout the Michigan Constitution is not a simple amendment.
Voters Not politicians seeks to increase the potential for gerrymandering at the expense of the taxpayer. At least $527,000 in the first year. $1.5 Million over the 3 years it will take. Not to mention the amount of man hours and paperwork that the Secretary of State and their staff will have to add.
Watch this video: https://www.youtube.com/watch?v=_4IGNOAiPfs
Here in the state of Michigan, we do NOT have a political affiliation section on Voter applications. There is no way to verify a political affiliation or lack thereof in order to fulfill the requirements of this "amendment."
Watch this video: The Truth Behind VNP's Prop 2
PROPOSAL 18-3 - Vote NO on Prop 3
Not only is this another "amendment" to the Michigan State Constitution, it's a new regulation for our local election officials. Township Clerks all over the state will have to process all voter applications up to and on voting day.
You will see longer lines at the polls. There will be an increase in non-citizen voting. You can't expect poll workers to verify citizenship in a few minutes with little or no documentation. It will decrease the validity of our elections for everyone who votes.
Sorry about the huge Sample over the wording, this was the best I could find. No one who supports this stuff seems to want to display the actual wording that you are voting on.
This should be the end all when dealing with a die hard Hillary supporter. Hillary and Barack were the only two people on the planet who could authorize rescue. Can you say NEGLIGENT HOMICIDE? WARNING: Graphic photos at end of article.
A former Navy SEAL’s take on Benghazi
By Dan O'Shea - Tampa Bay Times
Friday, July 1, 2016 1:16pm
It is ironic that the House Select Committee on Benghazi released its report on the anniversary of Operation Red Wings, the 2005 rescue mission that was the largest one of the Afghanistan conflict. A four-man SEAL reconnaissance team was compromised and ambushed by an overwhelming enemy force. When the "troops-in-contact" call came into headquarters, the mission shifted immediately to a personnel recovery one.
Fellow SEALs boarded Army helicopters and departed on a daylight Quick Reaction Force rescue operation despite the obvious danger and numerous unknowns on the ground. Americans were desperately fighting for their lives, and "leave no man behind" is an operating principle that needs no explanation to anyone in the military.
One rescue helicopter was shot down by a rocket-propelled grenade, killing everyone on board including eight Navy SEALs and eight Army air crew. That we lost 16 men trying to save four others was tragic, but it was accepted as how we in the special operations community do business. A reaction force always on standby to launch at a moment's notice is standard operating procedure.
Compare that response to the State Department's on Sept. 11, 2012, in Libya from the Benghazi report timeline and actions taken by the department's leadership.
As initial reports came in on the consulate attack, the priority was obviously not on "leaving no man behind."
• 3:42 p.m. in Washington/9:42 p.m. Benghazi. The consulate attack commenced. The State Department informs the White House at 4:05 p.m.
• 5 p.m./11 p.m. President Barack Obama orders Secretary of Defense Leon Panetta to "Do everything possible to save Americans." Panetta ordered military assets to Benghazi, but only unarmed drones deployed immediately to Libya, showing a live feed of the aftermath of the consulate attack and the defense of the annex in real time.
• 7:30 p.m./1:30 a.m. The White House convened a "deputies" meeting with State, the Pentagon and the intelligence community on the U.S. response to the attacks. Secretary of State Hillary Clinton was the ranking official present. With the status of the Ambassador Chris Stevens and Foreign Service officer Sean Smith still unknown, the two-hour meeting focused on how not to offend Libyans if American forces deployed, what our military assets should be wearing, and an anti-Muslim YouTube video. None of the resulting action items discussed deploying rescue forces.
There was no directive from the secretary of state to deploy the Foreign Emergency Support Team — the only interagency, on-call, short-notice team poised to respond to terrorist incidents worldwide. The team, designed specifically to respond to embassy or consulate attacks, assesses the crisis and coordinates the government response. Only the president and the secretary of state can order a deployment, but the deputies never considered that option before the truth on the ground had been established in Benghazi.
• 10 p.m./4 a.m. Former Navy SEAL Ty Woods and his team had evacuated the consulate survivors; fellow SEAL Glen Doherty's Quick Reaction Force had arrived to help defend the CIA annex. Sean Smith was confirmed dead; Ambassador Stevens was still unaccounted for and missing.
• 10:08 p.m./5:08 a.m. Clinton puts out the first official U.S. government response to the Benghazi attack. "I condemn in the strongest terms the attack on our mission in Benghazi today. … Some have sought to justify this vicious behavior as a response to inflammatory material posted on the Internet."
• 11:15 p.m./6:15 a.m. In Benghazi, Ty Woods and Glen Doherty were killed defending the embattled American outpost waiting for the U.S. cavalry that was never coming.
On the 11th anniversary of 9/11 and throughout the crisis, no military forces were deployed to Benghazi. American F-16s stationed at Aviano Air Base in Italy, less than two hours away, were never put on alert. The Marine Corps' Fleet Anti-Terrorism Security Team Company in Spain did not deploy that night but did change out of their uniforms into civilian clothes and back again four times on the tarmac waiting for a military transport plane to arrive from Germany. Africa Command's U.S. Army Special Forces repositioned to a Navy base in Italy, only to wait for orders. And the Foreign Emergency Support Team, specifically created for this kind of terrorist incident, was never authorized to deploy.
Apparently, a career politician who once touted her national security credentials as making her better prepared to handle the 3 a.m. phone call than anyone as a future commander in chief decided that doing nothing when American lives and our mission in Libya were at stake was her best option.
Exclusive: Terror-linked Muslim groups targeting Trump
April 1, 2016
A coalition of Islamic radical groups — some with ties to terror organizations — are looking to take over the 2016 presidential election. Their plan is to register a million U.S. Muslims to vote so that Trump’s “candidacy never succeeds.”
An investigation by The Horn News has revealed that some of the groups behind the scheme, unveiled last December, have relationships and affiliations with organizations including Hamas and the Muslim Brotherhood, whose most famous member was Osama bin Laden. And their plans may be illegal. Participants in the get-out-the-vote drive include:
The Dar Al-Hijrah Islamic Center – The Virginia mosque, which hosted one voter drive, was the spiritual home of two of the 9/11 hijackers. Its one-time imam was Anwar al-Awlaki, who went on to lead an al-Qaeda affiliate before being killed in a drone strike in Yemen;
CAIR – The image-conscious Council on American-Islamic Relations was named as an unindicted co-conspirator in the trial of an Islamic charity in Texas, which was ultimately convicted on 108 charges of smuggling money to Hamas.
The U.S. Council of Muslim Organizations (USCMO) – Board member Imam Siraj Wahhaj was named a possible co-conspirator in the 1993 World Trade Center bombing; and
The Islamic Circle of North America (ICNA) – A group that once presented a plaque to the family of an American boy who waged jihad in Kashmir. ICNA’s handbook says its goal is “a united Islamic state, governed by an elected khalifah in accordance with the laws of shari’ah.”
Incredibly, the actions by at least one of these anti-Trump group may have broken US law the day of it's announcement. According to an ICNA press release, ICNA’s vice president, Altaf Husain, said, “We will use every democratic tool [so] that your [Trump’s] candidacy never succeeds.”
But ICNA is a 501(c)3 tax-exempt organization which, under IRS regulations, is not allowed to endorse or try to defeat any specific candidate. But there is no question which presidential hopeful Muslim voters loathe the most. A representative for the Virginia mosque said the crowds he’s signing up to vote are “largely motivated by anti-Trump sentiment.”
Trump has said he would halt all Muslim immigration into the United States until a better vetting process is in place and stoked outrage last month when he said, "Islam hates us."
About 70 percent of American Muslims are Democrats, according to the Pew Research Center. Almost three-quarters of U.S. Muslims plan to vote for Hillary Clinton, according to a poll CAIR conducted.
- The Horn Staff
CALL TO ACTION: Michigan: Call your Senators and tell them to vote NO on Senate Bill 627 "Michigan alternative project delivery act."
This is the full legislation proposed by Senator Mike Kowall (Republican for the 15th District in Oakland County). Kowall is probably a RINO because this bill is sooooo broad as to allow "These “partnership authorities” would have the power to impose property tax levies, borrow, take private property using eminent domain, levy tolls and user fees, grant stipends to the private actor and more, for up to 50 years, and their projects would be exempt from property taxes."
Find your Senator Here: http://www.senate.michigan.gov/fysbyaddress.html
Paris attacks: At least 118 killed in gunfire and blasts, French official says
Paris (CNN)Scores of people are reported dead after what are being called terror attacks across Paris. Police early Saturday freed hostages at a concert hall where more than 100 people may have died. The attacks seemed to be planned to hit areas where many people would be gathered on a Friday night, officials said. CNN will update this story as information comes in:
[Latest developments, posted at 8:02 p.m. ET]
• As many as 118 people were killed in the attacks in Paris, Deputy Mayor Patrick Klugman said Saturday.
• CNN affiliate BFMTV reports that SWAT units stormed the Bataclan concert hall and that the siege is over. Two attackers were killed, a police union said. Police have brought out at least 100 hostages from the concert hall, a CNN producer said; some appear to be wounded. President Francois Hollande was on his way to the concert venue, according to French news agency AFP. The interior ministry said at least 112 people died at Bataclan.
• Klugman told CNN the death toll in the attacks is going to rise significantly. "We are facing an unknown and historic situation in Paris," he said.
• Hollande called the events "unprecedented terrorist attacks" and added, "This is a horror." In a tweet, he said, "Faced with terror, this is a nation that knows how to defend itself, how to mobilize its forces and once again, knows how to overcome the terrorists."
• French radio reporter Julien Pearce was inside the Bataclan theater when gunmen entered. Two men dressed in black started shooting what he described as AK-47s, and after wounded people fell to the floor, the two gunmen shot them again, execution-style, he said. The two men didn't wear masks and didn't say anything. The gunfire lasted 10 to 15 minutes, sending the crowd inside the small concert hall into a screaming panic, said Pearce, who escaped. He said he saw 20 to 25 bodies lying on the floor.
• One of the explosions at the Stade de France outside Paris appears to be a suicide bombing, a Western intelligence source receiving direct intelligence from the scene told CNN's Deb Feyerick. A dismembered body, consistent with the aftermath of an explosion from that type of device, was found at the scene, the source said. Watch: Explosion heard at Paris soccer game
• People were inviting people off the streets into their apartments, reports Philip Crowther, Washington correspondent for France 24. They are following Hollande's direction to stay indoors.
• Traffic on several subway lines has been interrupted following the attacks, the Paris police prefecture reported.
• At this hour, there is no credible or specific threat in the United States, according to a U.S. government official.
• Hollande, in an address to the nation, said he had declared a state of emergency, meaning borders will be closed. "We have to show compassion and solidarity and we also have to show unity and keep our cool. France must be strong and great," he said.
• The Paris prefecture of police is instructing residents to stay home. The prefecture said via Twitter that people should stay inside "unless there's an absolute necessity."
• French authorities have launched a terrorism investigation, Eric Pelletier, a reporter with Le Pariesien, tells CNN Paul Cruickshank. There has been no official claim of responsibility, though ISIS has applauded the attacks on Twitter, Cruickshank reports.
• "This is an attack not just on Paris, not just on the people on France, but an attack on all humanity and the universal values we share," U.S. President Barack Obama said at the White House. He called the attacks an "outrageous attempt to terrorize innocent civilians."
• At least six shootings took place in Paris and three explosions took place at the Stade de France in Saint-Denis late Friday, CNN affiliate BFMTV said. Two or three gunmen entered the Bataclan concert hall while opening fire on law enforcement, BFMTV reported. A source earlier told CNN there were six to eight hostage takers, citing a person they were talking to inside the venue.
• Attackers reportedly used AK-47 automatic weapons.
• Hollande was evacuated at halftime of the France-Germany soccer match.
• Counterterrorism officials around the United States have convened secure conference calls to try to gather information and to assess whether there is any indication of threats in the U.S, according to two U.S. counterterrorism officials. Immediate suspicion for the events in Paris falls to so-called returnees -- people who have traveled to Syria and Iraq and have returned, the officials said.
In early January of this year, two gunmen attacked the Paris offices of the French satirical magazine Charlie Hebdo, killing 12 and wounding 11.
Said and Cherif Kouachi wanted to punish the magazine for the publication of cartoons that they believed mocked the Prophet Mohammed. The Kouachi brothers two days later were shot and killed in a standoff with police in Dammartin-en-Goele.
Amedy Coulibaly, an associate of Said and Cherif Kouachi, attacked a Jewish grocery store in Paris, taking more than a dozen people hostage and killing four. Coulibaly had killed a policewoman the day before, on January 8. Coulibaly was killed when police stormed the kosher market.
CNN's Jim Bittermann reported from Paris and Steve Almasy reported and wrote from Atlanta. CNN's Pierre Buet, Alanne Orjoux, Michael Martinez, Evan Perez, Ralph Ellis, Josh Berlinger, Ray Sanchez and Pierre Meilhan contributed to this report.
Defunding Planned Parenthood will not take away from women's health. There are thousands of District Health Departments around the country that provide the same services at a lower cost to the patients.
Watch the videos and witness the atrocities of Planned Parenthood. How can you use federal funds to a company that recommends abortion so they can get more "intact specimens?"
The first video is 8 minutes and 25 seconds and shows the "edited" version that people are complaining about, but it actually shows the main points of the meeting, and the lie that was perpetrated by Planned Parenthood to continue its federal funding.
The second video is the full, unedited version. See for yourself if they edited it to "show the worst." A time of 1:13:37.
The third video is another Planned Parenthood official discussing the sale of baby body parts and the coercion of patients to a less invasive procedure. 2:42:22 in length.
Click the Link and Sign the Petition
DTE is selling Michigan produced electricity to the Ohio electric choice program.
“Jumping the Michigan-Ohio border is traitorous enough when it comes to sports. But now a leading utility that wants to further constrict our own electricity market is reaping the rewards of an open market across state lines.
In other words, DTE’s hypocrisy shows Michigan’s electricity customers deserve the same choice and cost savings as our Ohio friends.” - Kathy Hoekstra of the Detroit News
Here's some very important information that all Americans should know. We need to think for ourselves because a select few companies regulate what we see, hear, eat, and learn in general. These companies are biased and have their own agenda, often at the detriment of society.
Interesting information is presented in these graphics. Please click on the pictures and explore the information so you can make informed decisions on where you bank, what you eat, where you get your information, and who you are ultimately supporting.
The city of Tulsa, Oklahoma, punished one of its own veteran police commanders for his refusal to attend a Muslim religious service being held at a mosque he said practiced radical Islamic dogma, according to court records. He also "dared" to refuse to order his officers to visit a mosque he alleges has ties to the Muslim Brotherhood.
Captain Paul Fields said he was told to participate in what he characterized as a "proselytizing" Islamic worship service and that he must also order the police officers under his command to also attend and participate in the service. As a result he was relieved of his command and was harassed by the Internal Affairs Division (IAD), a group called the "rat squad" by most American cops in a majority of law enforcement agencies.
"Once some IAD squad begins to investigate you, even if you have an immaculate record as a cop, they dig until they find something that they can point to as being misconduct or corruption," said former police detective Sid Franes, who worked with a former IAD lieutenant in New York. "In Fields' case it appears they were claiming he was prejudiced against Muslims and he wasn't fit to lead police officers," Franes added.
When Fields took legal action against his police department, it ended up before the federal judges who sat on the Tenth Circuit Court of Appeals and the court upheld the punishment of Capt. Fields. In essence the court ruled that the decorated cop should have visited the mosque and brought his officers with him as he was ordered to do by the city's political leaders.
"Here is another example of lawyers wearing black robes telling Americans what church services they must attend. Would they have ruled this way if it were a Muslim being ordered to attend and participate in a religious service at a Hindu temple? Or at a Catholic Cathedral? I think not," notes former police lieutenant and campus police chief Lloyd Herrington. "Fields was part of an object lesson to follow a politically-correct orthodoxy that's taking over the nation and its public and private sector institutions," Herrington said. - Read More
Dhimmitude in Obamacare
The word "Dhimmitude" is found in the new health care bill. It's on Page 107 of the "Affordable" Care Act.
ObamaCare allows the establishment of Dhimmitude and Sharia Muslim diktat in the United States.
Muslims are specifically exempted from the government mandate to purchase insurance and also from the penalty tax for being uninsured! Islam considers insurance to be "gambling," "risk-taking," and "usury" and is thus banned. Muslims are specifically granted exemption based on this.
Dhimmitude is the Muslim system of controlling non-Muslim populations conquered through jihad (Holy War). Specifically, it is the TAXING of non-Muslims in exchange for tolerating their presence AND as a coercive means of converting conquered remnants to Islam!
How convenient. So I, as a Christian, will have crippling IRS liens placed against all of my assets and will face hard prison time because I refuse to buy insurance or pay the penalty tax. Meanwhile, Mohammad Farrakhan will have no such penalty and will have 100% of his health insurance needs paid for by the de-facto government insurance. Non-Muslims will be paying a tax to subsidize Muslims. This is Dhimmitude.
American citizens need to know about it...... Every non-Muslim in the United States of America needs to know about it.
Dhimmitude is the Muslim system of controlling non-Muslim populations. The ObamaCare bill is the establishment of Dhimmitude and Sharia Law.