Those who missed my first article on MRTMA can find it here. The second article is here.

This article analyzes Section 4 in the proposed Act.

Michigan is poised to become the first state between Colorado and Vermont / Massachusetts to have legalized recreational pot. North Dakota has a ballot proposal and Ohio voted down a proposal in 2015. Michigan would also have the most liberal law of the 8 states where it is legal.

Ballotpedia has a good summary of the differences between the different state laws as well as other useful information and the full text.

This 14 page proposal (plus delegations to administrative agencies) is subject to an up-or-down vote of the people without amendments typically made in the legislature (where there were not enough votes except in Vermont)

To be fully informed about Michigan’s proposal, you have to read the entire 14 pages. What’s in the proposal and what is left out are both significant. Here is Section 4, which describes what is still forbidden. My comments are in bold italics.

“Sec. 4. 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;

  • How will they tell if people are buying infused products and not smoking it?
  • Who is going to pay for the $500 machines that can detect THC in the blood?
  • Will this money come out of the expenses of implementation?
  • People Against Drunk/Distracted/Drugged Driving. It’s not just mothers who object, perhaps a new organization: PAD3

(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;

Forbidding it has worked really well to discourage under-age smoking and drinking, don’t you think? Hefty fines would be needed. For more about the slap-on-the-wrist fines stipulated in the ballot proposal, see Section 15 in the full text.

 

(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;

(but commercial or industrial structures are OK?)

 

(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;

This would only stop smoking of pot. What is to prevent someone from eating hashish brownies or drinking pot-infused beer in public?

 

(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;

Probably prevents smoking which could be detected, but what about eating pot-infused food or drinking Mountain Dew with a little boost?

(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.

  1. 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.
  2. 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.

This is good news for employers, except for the difficulty in hiring people who can pass a drug test in this booming economy.

 

  1. 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.”

This is good news for landlords except for the exception: no landlord would know someone is drinking marijuana/beer, for example.

 

More reading on this topic

Part 1 of my analysis is here, with the taxing and spending if the proposal passes along with a map showing the geography of legalized pot.

Part 2 is the first part of the proposal with definitions of terms including topical or infused substances like alcohol, brownies, etc.

If Proposal 1 is approved, Michigan would have an especially liberal law, thanks to the efforts of people like Rick Thompson. You can read his series of marijuana articles posted on our USA Melting Pot website by clicking on the link by his name. If you would like to write articles for our website, please contact me with a message on LinkedIn.

More to come in future articles…

 

Other articles

In previous blog posts, I began telling the story of my brain tumor and the depression which followed it. The second article in the series described my faith in God which sustained me through both trials.

Having recently started a word-by-word translation of Martin Luther’s Bible from German to English, I introduced the project and published Matthew Chapter 1 . Later I wrote commentary on it; my church background and theological training is in my USA Melting Pot bio.
Dale Murrish writes on historytraveltechnologyreligion and politics for the USA Melting Pot club, LinkedIn, and Troy Patch. On the USA Melting Pot website are over a dozen ethnic presentations from people with firsthand knowledge under Culture & Country (right hand side), and outdoor presentations (Hobby & Fun), including posts on bicycling, skiing and camping.

Other interesting articles on the USA Melting Pot website have been written by Bilal Rathur on his hajj to Saudi Arabia (Part 6) and by Carl Petersen. Thanks to both of them for their contributions.