Michigan’s marijuana laws are complex as it permits the use of marijuana for both medicinal and recreational purposes. Marijuana shops, commonly known as “provisioning centers,” are subject to various regulations in the state. This article focuses on the seven crucial laws governing the consumption of alcohol and weed in Michigan.
Michigan Marijuana Laws At A Glance
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- Marijuana dispensaries in Michigan are called provisioning centers.
The Michigan Marijuana Regulatory Agency (MRA) is the regulatory authority in Michigan. - Michigan uses Metrc as its state track-and-trace system.
- There is not a per-day cannabis purchase limit in Michigan for adult-use consumers; the limits are 2.5 ounces per transaction. Medical patients (or caregivers) are limited to 2.5 ounces per day.
- Michigan uses the spelling “marihuana” instead of “marijuana.” Since the “h” spelling is used in official regulations, it’s often used in formal communication. The “j” spelling is generally used in non-formal communication. To avoid confusion, many simply use “cannabis.”
- Cannabis can be delivered in Michigan
- Adult use, or recreational marijuana, is legal in Michigan as of November 2018.
- Adult-use marijuana is subject to a 10% excise tax in addition to the 6% sales tax.
- Marijuana dispensaries in Michigan are called provisioning centers.
Law #1: Recreational Licensing
Section 9 deals with the legal number, 333.27959, which is required to obtain a license for running a marijuana business. The section outlines the process for applying for the license, the necessary requirements, and the transparency involved in the issuance of the license.
When applying for a license in the state, it is mandatory to send the application to the department. Upon receiving a complete application along with the fee, the department will forward a copy of the application to the relevant municipality where the marijuana business is intended to operate.
After receiving the application, the department will evaluate whether the applicant and their business fulfill the criteria outlined in the act. Based on this evaluation, they will either grant the state license or provide the applicant with a notification of denial detailing the reasons for the rejection of their state license application.
The state department has outlined various types of licenses that will be distributed, including licenses for marijuana retailers, marijuana safety compliance facilities, marijuana secure transporters, marijuana processors, marijuana microbusinesses, and class A, B, and C marijuana growers. Class A growers will have permission to grow up to 100 plants, class B growers will be allowed to grow up to 500 plants, and class C growers will have permission to grow up to 2,000 plants.
In order for a state license application to be approved and a state license to be issued, the department has certain requirements that must be met. Firstly, the applicant must have followed all rules set forth by the department, be in compliance with the law, and have paid the necessary fee. Additionally, the municipality where the proposed marijuana business is to be located must not have notified the department of any plans for the business. Failure to meet either of these requirements may result in a denial of the license application.
Explained:
To apply for a license, you will need to submit your application to the Marijuana Regulatory Agency along with a fee of $6,000.
To obtain the license, one must pay an annual regulatory assessment fee ranging from $4,000 to $40,000, depending on the type of license held.
All applications will receive a response within 90 days, either accepting or rejecting the submission.
There are several types of licenses available, including:
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- marihuana processor
- marihuana microbusiness
- designated consumption establishments
- temporary marihuana events
- excess marihuana grower licenses
- marihuana retailer
- marihuana safety compliance facility
- marihuana secure transporter
- 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
- class C marihuana grower authorizing cultivation of not more than 2,000 marihuana plants
To gain acceptance, licenses must adhere to the following requirements:
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- Adult-use grows are capped at 5 by default. They can start adding additional licenses (Excess Grow Licenses) by also holding medical grow licenses.
- 1. There is no cap on the medical side. Once you hit your cap of 5 adult-use, you can add 1 Excess Grow license per every 2 medical grow licenses; all applicable to “Class C’s” only.
- The application was submitted in compliance with department rules with the required fee.
- The marijuana establishment is in compliance with section 6 of the act at the time of application.
The number of licensed marijuana establishments in a municipality can be restricted. In such cases, the municipality will choose from the competing applications that satisfy all the necessary criteria.
A state license is only valid for one year.
Law #2: Purchase Limits
Rule 6: Limits on Purchases, Deals, and Purchasing Locations for Marijuana (Legal Number: R 420.506)
Before selling or giving marijuana products to a registered qualifying patient or registered primary caregiver, the licensee must ensure that the sale or transfer does not exceed the daily buying limits set by the statewide monitoring system.
Under the medical marijuana facilities licensing act, patients who meet the requirements and are registered can possess a maximum of 2.5 ounces of marijuana or marijuana-like substances in a day. The act also permits registered primary caregivers to possess up to 2.5 ounces of marijuana or marijuana-like substances per day for each registered qualifying patient they are connected with via the agency’s registration process.
As per the medical marijuana facilities licensing act, the licensee is responsible for verifying that the sale or transfer of marijuana product, directly or through the primary caregiver, to a qualifying patient does not exceed the monthly limit of 10 ounces. This verification must be done by checking the statewide monitoring system prior to selling or giving the marijuana product.
The Michigan Regulation and Taxation of Marijuana Act specifies that selling or providing more than 2.5 ounces of marijuana to an adult 21 years or older in a single transaction is prohibited for marijuana store owners. Furthermore, the marijuana can only be in the form of 15 grams of concentrate. Additionally, a marijuana store is only permitted to sell a maximum of three young plants to a customer in a single transaction.
Explained:
Let’s start with the fundamentals of purchase limits:
Patients who are eligible for medical marijuana can buy a maximum of 2.5 ounces of cannabis per day, provided that they do not surpass 10 ounces of medical cannabis in a single month.
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- If you do not cultivate your own cannabis, you can have up to 10 ounces of cannabis in your home, but only 2.5 ounces in your possession. (The rest needs to be stored)
- Recreational cannabis users can cultivate up to 12 plants per household. You can have any amount of cannabis if that cannabis was specifically harvested from those plants.
Adults who use cannabis for recreational purposes are allowed to purchase a maximum of 2.5 ounces of cannabis at a time, with a limit of 15 grams of concentrate.
It is mandatory to cultivate all cannabis plants in a secured and enclosed area to ensure maximum safety and prevent any unauthorized access.
Patients and caregivers are allowed to have a maximum of 2.5 ounces of marijuana in their possession.
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- A caregiver can possess up to 2.5 oz of marihuana per patient. A caregiver can also be a patient and help up to 5 other patients: 72 total plants and 15 total oz in their possession if they have all 6 cards.
Each household is permitted to have a maximum of 12 plants, regardless of the number of 21-year-olds living in the house. It is important to note that these plant allowances are separate from any medical marijuana plants that may be grown.
If you’re looking to stay up-to-date on the latest cannabis laws in Missouri, look no further than this comprehensive guide. Here, we’ll take a deep dive into the eight most important laws surrounding cannabis in the state. From medical marijuana regulations to possession and consumption laws, we’ll cover it all. So if you’re a Missouri resident or planning to visit the state, be sure to familiarize yourself with these crucial cannabis laws.
Law #3: Packaging And Labels
Legal Number: 333.27958 – Marijuana Testing, Packaging, and Marking Guidelines and Requirements
The rules and regulations regarding marijuana testing, packaging, and marking are outlined in this legal number, including but not limited to the following guidelines:
The regulations for goods containing marijuana include a limit on the tetrahydrocannabinol concentration and a requirement for a representative sample of marijuana to be tested by a marijuana safety compliance facility. Additionally, the label of any product containing marijuana must list the amount of marijuana or marijuana extract present.
Marijuana stores and small marijuana businesses must display a warning on the exterior packaging of all their marijuana products. The warning should be written in bold, legible letters and enclosed by a thick border.
The regulations pertaining to security are of utmost importance, covering aspects such as lighting, physical security, and alarm requirements. Additionally, guidelines for the safe transportation of marijuana between businesses are also in place. However, it is crucial to ensure that the rules implemented in this regard do not render outdoor or greenhouse cultivation of marijuana illegal.
Explained:
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- Packaging must be opaque, resealable, and child-resistant.
- The following warning must be printed in clearly legible type and surrounded by a continuous heavy line: Warning: Use by Pregnant or Breastfeeding Women, or By Women Planning to Become Pregnant, May Result in Fetal Injury, Preterm Birth, Low Birth Weight, or Developmental Problems for The Child.
- Edible marijuana-infused candy in packaging attractive to children is not allowed. The state is currently watching edible packaging: you cannot have any sort of cartoons, caricatures, toys, designs, or shapes. This would include things as simple as the picture of a fruit on fruit-flavored products.
Law #4: Taxes
In accordance with Case number T333.27963, an excise tax is set to be implemented. Section 13 states that all marijuana stores and microbusinesses are required to pay a 10% excise tax on the sales price of any marijuana that is sold or distributed to anyone other than a marijuana establishment, in addition to other taxes.
According to this section’s tax laws, purchasing a product that falls under this tax bracket cannot be combined with a product or service exempt from this tax bracket, unless there is a specific rule enacted by the Government Department allowing such an exemption.
Under this act, the responsibility of collecting taxes falls upon the treasury department. To ensure the accurate collection of taxes, the department can utilize the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, to establish regulations that provide guidance on how to pay taxes. These rules also ensure that the taxes are collected in accordance with the provisions of this act.
Explained:
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- Medical marijuana purchases are only subject to the statewide 6% sales tax.
- Marijuana retailers are subject to a 10% excise tax. Adult-use purchases are subject to a 10% marijuana excise tax in addition to the state’s 6% sales tax.
If you’re interested in learning about the cannabis laws in Colorado, there are five key regulations to keep in mind. To find out more, make sure to check out the article titled “5 Colorado Cannabis Laws You Need to Know.”
Law #5: Dispensary Requirements And Limitations
Section 11 focuses on the rules and restrictions applicable to marijuana businesses, with a legal number of 333.27961.
The visibility of marijuana or marijuana accessories from a public area outside the business must be restricted by a marijuana business. This means that growing, processing, selling, or displaying marijuana or marijuana accessories in a way that can be easily seen by the public without the use of binoculars, an airplane, or some other type of optical aid is not allowed.
The department has strict regulations governing the growth, processing, testing, and storage of marijuana in a marijuana business. It is mandatory for the business to have a physical address approved by the department and a locked area accessible only to authorized personnel. No other location is permitted for these activities.
To prevent unauthorized access and theft, any establishment selling marijuana must ensure that all entrances are securely locked. Only individuals who are authorized by the establishment, such as employees, emergency workers, agents of the department, and state and local police officers, may gain access to the marijuana. Additionally, the establishment must take measures to lock up its inventory and equipment both during and after business hours to prevent the theft of marijuana and related accessories.
During business hours, officials from the department must be granted access to the licensed space or the books and records of the marijuana business. Denial of such access is not permitted.
Employees under the age of 21 are prohibited from working for or assisting any marijuana business.
According to the law, no marijuana business is allowed to distribute or sell marijuana that hasn’t been grown, distributed, and taxed in compliance with the regulations. Additionally, individuals who grow, sell, or process marijuana, operate a small marijuana business or a marijuana testing laboratory, or anyone working for them, cannot transport more than 15 ounces of marijuana or 60 grams of marijuana concentrate at a time. Moreover, owning marijuana is prohibited while safely moving it.
Explained:
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- Marijuana establishments aren’t allowed to sell or transfer tobacco.
- Marijuana cultivation, processing, sales, displays, or marijuana products can’t be visible from a public place outside the establishment without binoculars, aircraft, or other optical aids.
- Marijuana secure transporters can’t hold title to marijuana.
- Dispensaries can’t cultivate, process, test, or store marijuana at locations other than the physical address approved by the department. The location must be enclosed and secure, with areas containing marijuana only accessible to employees.
- Dispensaries must always allow department representatives to inspect the premises and audit books and records.
- Employees of the cannabis business must be at least 21 years old.
- Marijuana facilities can only sell marijuana produced, distributed, and taxed in compliance.
- Marijuana growers, retailers, processors, microbusinesses, and testing facilities can’t transport more than 15 ounces of marijuana or 60 grams of concentrate at a time.
Security Requirements:
The law, R 420.209, mandates the implementation of security measures and the creation of a plan to ensure safety. In addition, it requires the use of a video surveillance system.
When applying for a license to open a marijuana business, the applicant must adhere to Rule 9, which states that they must fulfill certain requirements.
Submit a security plan that demonstrates the ability to meet the minimum requirements of the standards.
Keep in mind this rule.
If a licensee is running a marijuana business, it is mandatory for them to maintain an effectively functioning alarm system. It is crucial for the proprietor to ensure that the alarm system is in good working order at all times.
If you hold a license, it is mandatory for you to possess a video surveillance device that is equipped with digital or equivalent technology.
(a) The following areas must be filed at a minimum:
(i) Wherever marijuana products are weighed, packed, stored, loaded, or unloaded
Transporting, preparing, or moving marijuana for commercial purposes.
The licensee must retain the records until they receive permission from the office to dispose of them.
Recording and detecting motion are essential features in today’s security systems. These functions allow for the capture of any movement in the monitored area and record it for later review. With motion detection, the system can alert the user of any suspicious activity, while recording ensures that all events are documented and can be used as evidence if needed. These features are crucial for both residential and commercial settings, as they provide an added layer of security and peace of mind.
When motion is detected, the cameras are required to record and display accurate time and date information.
Law #6: Delivery
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Law #7: Qualifying Conditions
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- Hepatitis C
- HIV/AIDS
- Nail-patella syndrome
- Cachexia, or wasting syndrome
- Seizures, including those characteristic of epilepsy
- Severe and chronic pain
- Severe nausea
- Severe and persistent muscle spasms and multiple sclerosis
- Alzheimer’s disease
- Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
- Cancer
- Crohn’s disease
- Glaucoma
Also Read:
- Is Weed Legal In Alabama In 2023? Alabama Cannabis Laws Explained
- Is Weed Legal In Virginia In 2023? Virginia Cannabis Laws Explained
- Is Weed Legal In Missouri In 2023? Missouri Cannabis Laws Explained
