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Michigan’s Committee to Regulate Marijuana Like Alcohol Announces Filing of 2018 Ballot Initiative

Cannabis Law Blog

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Michigan’s Committee to Regulate Marijuana Like Alcohol Announces Filing of 2018 Ballot Initiative

The Coalition to Regulate Marijuana Like Alcohol today announced that it has filed petition language with the State of Michigan, kicking off an effort to enact an adult use law at the ballot box in 2018.

As of the writing of this post, ballot language was not available on the Coalition’s website. Earlier today, that website linked to a March 22, 2017, draft of the ballot measure. Highlights of that draft included:

  • Allowing cultivation, processing, possession and use of marijuana by all Michigan residents more than 21 years of age.
  • Allowing “homegrow” of up to 12 plants.
  • Protecting users of marijuana from adverse governmental actions.
  • A unique provision for “microbusinesses,” which could grow up to 150 plants, process marijuana into infused products, and sell marijuana and marijuana products.
  • Provisions for licensing growers, processors, testing laboratories, retailers, and transporters, largely mirroring the State’s new Medical Marihuana Facilities Licensing Act (MMFLA).
  • Limits on market entry—for two years, only businesses licensed under the State’s MMFLA could receive adult use licenses for businesses other than the new microbusinesses or 100-plant growers.
  • Providing for licensure and regulations by Michigan’s Department of Licensing and Regulatory Affairs.
  • Allowing municipalities to “opt out” of allowing licensed businesses, although decisions to opt out would be subject to citizen referenda.
  • Providing a short time frame for the State to act on license applications.
  • Providing that if the State did not have regulations completed within one year, adult use businesses would have the right to apply for licensing at the local level. If licensed at the local level, the State would be prohibited from enforcing regulations against the licensee for one year.
  • Although the earlier draft split tax revenue on a new 10 percent excise tax between municipalities, counties and community colleges, the Coalition’s website now states that taxes will be split between the School Aid Fund, the Transportation Fund (for repairs to roads and bridges), municipalities, and counties.

Dykema’s Cannabis Law Blog will have more details on both the initiative and the next steps in the process as they become available.