7 Michigan Cannabis

Michigan lets people use marijuana for both medical and social reasons, so the law is pretty complicated. For marijuana shops in Michigan, which are also called “provisioning centers,” this is the complete list of rules. This post is going to be about the seven most important alcohol and weed laws in Michigan.

Michigan Marijuana Laws At A Glance

  • 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.

Law #1: Recreational Licensing

Legal number: 333.27959 License to run a marijuana business; how to apply; requirements; issuance; transparency.Sec. 9.

1. Each license application for the state needs to be sent to the department. Once the department gets a full application and the application fee, they will send a copy of the application to the municipality where the marijuana business will be located.

The department will then decide if the applicant and the business meet the requirements of this act and either issue the state license or send the applicant a notice of rejection explaining why the department did not approve the state license application.

2. The department will give out the following types of state licenses: marijuana retailer; marijuana safety compliance facility; marijuana secure transporter; marijuana processor; marijuana microbusiness; class A marijuana grower with permission to grow up to 100 plants; class B marijuana grower with permission to grow up to 500 plants; and class C marijuana grower with permission to grow up to 2,000 plants.

3. The department must approve a state license application and issue a state license unless this section says otherwise; (a) the applicant has followed the rules the department has made, is in line with the law, and has paid the required fee; or (b) the municipality where the proposed marijuana business will be located does not notify the department that the business is planned.

Explained:

1. Applications are submitted to the Marijuana Regulatory Agency with a fee of $6,000.

2. Depending on your license type, a fee of $4,000 to $40,000 must be paid as an annual regulatory assessment in order for the license to be issued.

3. Applications will be accepted or rejected within 90 days.

4. Licenses come in the following types:

  • 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

5. Licenses must meet the following requirements to be accepted:

  • 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.

A municipality can limit the number of marijuana establishments licensed in the area. In this case, the municipality will decide between competing applications that meet all requirements.

State licenses are effective for a single year.

Law #2: Purchase Limits

Legal number: R 420.506 Limits on purchases; deals; where to buy marijuana Rule 6.

(1) The licensee must check in the statewide monitoring system that the sale or transfer of marijuana products does not go over either of the following daily buying limits before selling or giving them to a registered qualifying patient or registered primary caregiver.

This is required by the medical marijuana facilities licensing act. If a patient is registered and meets the requirements, they can have up to 2.5 ounces of marijuana or marijuana-like substances per day. This rule says that a registered main caregiver can have up to 2.5 ounces of marijuana or marijuana-like substances per day for each registered qualifying patient that they are connected with through the agency’s registration process.

7 Michigan Cannabis

(2) The licensee must check in the statewide monitoring system that the sale or transfer of marijuana product does not go over the monthly limit of 10 ounces to a qualifying patient, either directly or through the qualifying patient’s registered primary caregiver, before selling or giving marijuana product to a registered qualifying patient or registered primary caregiver. This is required by the medical marijuana facilities licensing act.

(3) According to the Michigan Regulation and Taxation of marijuana act, a marijuana store owner can’t sell or give more than 2.5 ounces of marijuana to an adult 21 or older in a single transaction. However, the marijuana can only be in the form of 15 grams of concentrate. Fourth, a marijuana store can only sell three young plants to a customer in a single transaction.

Explained:

Here are the basics on purchase limits:

1. Medical marijuana patients can purchase up to 2.5 ounces of cannabis each day, so long as they don’t exceed 10 ounces of medical cannabis in a single month.

  • 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.

2. Adult-use, recreational cannabis consumers can purchase up to 2.5 ounces of cannabis at a time, with no more than 15 grams of concentrate.

3. All cannabis plants must be grown in a locked, enclosed space.

4. Patients and caregivers can possess up to 2.5 ounces total of marijuana.

  • 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.

5. You are allowed 12 plants per household, not per 21-year-old. These plant amounts do not replace medical marihuana plants.

Read More: 8 Missouri Cannabis Laws You Definitely Need to Know!

Law #3: Packaging And Labels

Legal number: 333.27958 Rules and limits (e) Marijuana testing, packaging, and marking rules, guidelines, and requirements, such as, but not limited to, the following:

(1) A maximum amount of tetrahydrocannabinol in goods that contain marijuana. (ii) A rule that a marijuana safety compliance facility tests a sample of marijuana that is representative of all marijuana. [iii] A rule that the label of a product containing marijuana must list the amount of marijuana or marijuana extract that it contains.

It is required that all marijuana sold by marijuana stores and small marijuana businesses have the following warning written on the outside of the packaging in large, easy-to-read letters and surrounded by a heavy line.

(f) Security requirements, such as lighting, physical security, and alarm requirements; as well as requirements for safely moving marijuana from one marijuana business to another. The rules in this neighborhood shouldn’t make it illegal to grow marijuana outside or in greenhouses.

Explained:

  • 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

Case number: T333.27963 Excise tax to be put in place. Section 13. Along with all the other taxes, each marijuana store and microbusiness has to pay an excise tax of 10% of the sales price for marijuana that is sold or given to someone other than a marijuana establishment.

2. A product that is subject to the tax in this section cannot be bought together with a product or service that is not subject to the tax in this section unless a rule made by the Department of Government says otherwise.

3. The treasury department is in charge of collecting the taxes that are due under this act. They can make rules under the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, that say how to pay the tax and make sure that it is collected correctly under this act.

Explained:

  • 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.

Read More: 5 Colorado Cannabis Laws You Need to Know

Law #5: Dispensary Requirements And Limitations

Legal number: 333.27961 Marijuana businesses; rules and restrictions. Sec. 11.

(a) A marijuana business can’t let people grow, process, sell, or show marijuana or marijuana accessories in a way that can be seen from a public area outside of the business without binoculars, an airplane, or some other kind of optical aid.

(b) A marijuana business can’t grow, process, test, or store marijuana anywhere else but at a physical address approved by the department and inside a locked area that only people authorized by the marijuana business can get into.

(c) An establishment that sells marijuana must lock all of its entrances so that only employees, people authorized by the establishment to be in that area, agents of the department, state and local police officers, and emergency workers can get to the marijuana. The establishment must also lock up its inventory and equipment during and after business hours to stop the theft of marijuana and marijuana accessories.

7 Michigan Cannabis Laws

(d) No marijuana business can deny the department’s officials the chance to look at the licensed space or the business’s books and records during business hours.

(e) No marijuana business can let someone younger than 21 help or work for the business.

(f) No marijuana business can sell or give away marijuana that wasn’t grown, spread, and taxed in a way that follows this law. (1) A person who grows marijuana, sells marijuana, processes marijuana, runs a small marijuana business, or runs a marijuana testing lab, or someone working for them, cannot transport more than 15 ounces of marijuana or 60 grams of marijuana concentrate at a time. (h) A person who moves marijuana safely cannot own marijuana.

Explained:

  • 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:

R 420.209: Security measures; needed plan; video surveillance system This is the law.

Rule 9: (1) Someone who wants to open a marijuana business and applies for a license to do so must

send in a security plan that shows they can at least meet the standards of

Remember this rule.

(2) The license holder must make sure that no one in the marijuana business, besides workers of

individuals who have a license are always accompanied by the licensee or a licensee employee while in the

There are restricted entry areas and areas with limited access to the marijuana business.

(3) The person who has the license must lock the marijuana business safely, including any rooms inside as needed.

windows, entry and exit points, and commercial-grade, nonresidential doors chosen by the government

locks or some other kind of electronic or password entry. The locks on doors that need to be opened for escape must meet

the rules of NFPA 1, specific fire codes, and the Michigan building code (R 408.30401 to R 408.30501)

408.30499.

(4) The proprietor of a marijuana business must keep an alarm system in good working order. If asked, a licensee

must give the service all the information they need about the alarm system, monitoring, and

action with the alarm.

(5) A person with a license must have a video surveillance device that includes digital or

webcams that can record in the ways described in this rule, network video recorders, and video

screens, digital storage devices, and a color printer that can print still pictures.

(6) The licensee must make sure that the following things happen with the video surveillance system:

(a) Files at least the following areas:

(i) Any place where marijuana goods are weighed, packed, stored, loaded, and unloaded for

moving, preparing, or transporting marijuana for business.

(ii) secure rooms and areas with limited entry. Movements from one room to another must be tracked.

(iii) Places that keep a security system camera recording device with at least one camera

where people can get into the secure place for recording surveillance.

• The building’s doors and exits, which must be written down from both inside and outside the building

Views from outside.

(v) The places where marijuana businesses enter and leave the same area if

applies, including any transfers between companies that sell marijuana.

(vi) Places where marijuana goods are sold and placed out for purchase.

(1) Places where marijuana or marijuana goods are destroyed.

Thanks to the Administrative Rules of Michigan

(b) Takes good, clear pictures of the area being watched with as few problems as possible.

A quality of 720p.

(7) The licensee is responsible for making sure that each camera is properly installed and in a set place. Each

The camera has to be put somewhere that lets it clearly record what’s going on.

between 20 feet of all entry and exit points on the marijuana business and lets clear

some ways to identify a person, like their face, and their actions, like sales or

transfers that need to be recorded in all places according to these rules.

(8) The licensee must have enough lighting to meet the needs of the video security system.

regarding this rule.

(9) An operator must have cameras at their marijuana business that record when they see movement.

and save pictures that show the time and date clearly and correctly.

(10) The licensee must protect the physical media or storage device where surveillance records are kept.

are kept in a way that keeps the recording safe from being stolen or changed.

(11) The person who has the license must keep security videos for at least 30 calendar days, when

times when the agency is investigating or inspecting, the member must keep the

records until the office tells the licensee that the records can be thrown away.

(12) The agency can look at the licensee’s surveillance tapes and they must be

the recordings are kept in a way that lets the agency see them and get copies of them at the

marijuana business as soon as you ask for them. The person who has the license must also send or provide

the agency copies of the recordings when they ask for them within the time frame given by the agency.

(13) The licensee must keep up a video security system with a failure alert.

a system that lets the owner know if the video doesn’t work or is an interrupted

storage device for a security system or video surveillance system.

(14) The licensee must keep a record of the recordings that includes the following:

(a) The name or names of the workers who are in charge of watching the video surveillance

of the system.

(b) Who the worker was who took any recordings off the video security system

storage device and took away the time and date?

(c) The name of the worker who threw away any records.

(15) The next types of MRTMA licenses are exempt from the rules in this rule:

(a) A licensee or applicant for a designated consumption facility.

(b) An application or licensee for hosting a marijuana event.

(c) A brief visitor or licensee for a marijuana event.

To ensure the safety and integrity of cannabis businesses in Michigan, specific security measures are mandated as follows:

Restricted access:

Anyone other than the licensee’s employees must be accompanied by the licensee or an employee in limited access and restricted access areas within the marihuana business.

Secure locks:

Licensees must securely lock the entire marihuana business, including interior rooms, windows, and entry/exit points.

Commercial-grade, nonresidential door locks or electronic/keypad access must be used.

Egress doors must comply with NFPA 1, local fire codes, and Michigan building codes.

Alarm systems:

A licensee must maintain an effective alarm system at the marihuana business.

The agency can request information related to the alarm system, monitoring, and alarm activities.

Video surveillance systems:

A comprehensive video surveillance system is mandatory, including digital or network video recorders, suitable cameras, video monitors, digital archiving devices, and a color printer for still photos.

Surveillance system requirements:

The video surveillance system must record specific areas, including sales, storage, entry/exit points, and more.

A minimum resolution of 720p is required for clear imaging.

Cameras must be permanently mounted and strategically placed to capture relevant activity.

Lighting:

Adequate lighting must be maintained to meet video surveillance system requirements.

Motion detection and recording:

Cameras must record upon detecting motion and display accurate time and date information.

Secure storage:

Physical media or storage devices containing surveillance recordings must be secured to prevent tampering or theft.

Retention period:

Licensees must keep surveillance recordings for a minimum of 30 days, except when an agency investigation or inspection is ongoing.

Accessibility and Inspection:

Agency inspectors must be able to immediately access and obtain copies of surveillance recordings upon request.

Licensees must provide copies of recordings to the agency as requested within the specified timeframe.

Failure notification:

A failure notification system for the video surveillance system is required, alerting the licensee to any interruptions or failures.

Log maintenance:

A log of recordings must be kept, including details about monitoring employees and any actions taken with recordings.

Law #6: Delivery

Legal reference: See this document from the state for full details on Michigan’s cannabis delivery program.

Explained:

Michigan regulation allows provisioning centers and marihuana retailers to engage in delivery services with an additional MRA approval. Delivery drivers may transport up to 15 ounces of marijuana and up to 60 grams of marijuana concentrate before revisiting the dispensary for additional orders.

Law #7: Qualifying Conditions

Legal reference: See the state of Michigan’s website for a full list of qualifying conditions.

Explained:

According to the MRA, patients must have one of the following conditions to qualify for a medical marijuana license:

  • 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

Michigan Cannabis Laws FAQS

Q. How much marijuana can I buy in Michigan?

Individuals who need medical marijuana can buy up to 2.5 ounces of weed every day, but not more than 10 ounces in a single month.

People who use cannabis for fun and relaxation can buy up to 2.5 ounces of weed at a time.

Q. How do they tax weed in Michigan?

It costs 10% more to buy weed for recreational use. The state’s 6% sales tax is added to the 10% marijuana excise tax that adults pay when they buy weed.

The statewide 6% sales tax is the only tax that people who buy medical marijuana have to pay.

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