Marijuana taxation
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The purpose of this Training Directive is to establish guidelines for Department
members as it relates to the Michigan Regulation and Taxation of Marijuana
Act (MRTMA).
2. On December 6, 2018, the Michigan Regulation and Taxation of Marijuana Act
(“MRTMA”) went into effect. This training directive includes an overview of the
MRTMA and the MRTMA Section 15.1 Penalty Guidelines.
CONFISCATION AND PLACEMENT OF MARIJUANA ON EVIDENCE SEARCH
INCIDENT TO ARREST
Members who encounter individuals in possession of marijuana, as the result of a
search incident to a separate, lawful arrest, shall follow the below guidelines:
Members shall confiscate the marijuana;
Convey the marijuana to the Detroit Detention Center (DDC);
A supervisor at the DDC shall weigh the marijuana in the breathalyzer room;
If the confiscated marijuana is in violation of the Michigan Regulation and
Taxation of Marijuana Act (MRTMA), the individual shall be charged
accordingly;
The confiscated marijuana, once weighed, shall be conveyed to the precinct
of occurrence to be placed on evidence. If the arrest is made by a
specialized command or a bureau, the marijuana shall be conveyed to the
Eleventh Precinct to be placed on evidence; and
The precinct property officer shall transport the confiscated marijuana to
Property Control at Headquarters weekly.
OVERVIEW
- The Michigan Regulation and Taxation of Marijuana Act (MRTMA) allows the
following:
Allows a person 21 years of age or older to possess, use or consume,
internally possess, purchase, transport, or process 2.5 ounces or less of
marijuana, except that not more than 15 grams of marijuana may be in the
form of marijuana concentrate;
Training Directive: MICHIGAN REGULATION AND TAXATION OF
MARIJUANA ACT
Number: 22-03
Date: 12/16/2022
______________________________________________________________________________________________
________________________________________________________________________________________________
Detroit Police Department
Page 2 of 4
This Training Directive is for internal departmental use only, and violations of the procedures outlined in this Training Directive may form the basis for
Departmental administrative sanctions. This document is not intended for third-party use or benefit. No criminal or civil duty or standard of care is
intended to be, or is, created by the issuance of this Training Directive.
Allows a person 21 years of age and older to possess, store, and process
not more than 10 ounces of marijuana produced by marijuana plants
cultivated on the premises and cultivate not more than 12 marijuana plants
for personal use, provided that no more than 12 marijuana plants are
possessed, cultivated, or processed on the premises at once;
Allows a person to assist another person who is 21 years of age or older;
and
Allows a person to give away or otherwise transfer without remuneration up
to 2.5 ounces of marijuana, except that not more than 15 grams of
marijuana may be in the form of marijuana concentrate, to a person 21
years of age or older, as long as the transfer is not advertised or promoted
to the public.
2. The Michigan Regulation and Taxation of Marijuana Act (MRTMA) prohibits
the following:
Operate, navigate, or being in physical control of any motor vehicle, aircraft,
snowmobile, off-road vehicle, or motorboat while under the influence of
marijuana;
Transfer of marijuana or marijuana accessories to a person under the age
of 21;
Any person under the age of 21 to possess, consume, purchase or
otherwise obtain, cultivate, process, transport, or sell marijuana;
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;
Consuming marijuana in a public place or smoking marijuana where
prohibited by the person who owns, occupies, or manages the property;
Cultivating marijuana 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;
Consuming marijuana while operating, navigating, or being in physical
control of any motor vehicle, aircraft, snowmobile, off-road recreational
vehicle, or motorboat, or smoking marijuana within the passenger area of a
vehicle upon a public way;
Possessing marijuana accessories or possessing or consuming marijuana
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
Training Directive: MICHIGAN REGULATION AND TAXATION OF
MARIJUANA ACT
Number: 22-03
Date: 12/16/2022
______________________________________________________________________________________________
________________________________________________________________________________________________
Detroit Police Department
Page 3 of 4
This Training Directive is for internal departmental use only, and violations of the procedures outlined in this Training Directive may form the basis for
Departmental administrative sanctions. This document is not intended for third-party use or benefit. No criminal or civil duty or standard of care is
intended to be, or is, created by the issuance of this Training Directive.
Possessing more than 2.5 ounces of marijuana within a person’s place of
residence unless the excess marijuana 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.
CIVIL/CRIMINAL PENALTIES
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 (MCL
333.27965, Section 15):
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 marijuana allowed by section 5, cultivates not more
than the amount of marijuana 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 marijuana allowed by section 5, or possess with
intent to deliver not more than the amount of marijuana 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 marijuana. For example, an individual
who has the legal amount of marijuana, but is consuming marijuana on
public school grounds under 4(1)(h) would be punished by the prescribed
fine;
Except for a person who engaged in conduct described in section 4, a
person who possesses not more than twice the amount of marijuana
allowed by section 5, cultivates not more than twice the amount of marijuana
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
marijuana allowed by section 5, or possesses with intent to deliver not more
than twice the amount of marijuana allowed by section 5. For example, a
person under the age of 21 who possesses marijuana under 4(1)(c) would
be punished by the prescribed fine:
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 marijuana;
For a second violation, is responsible for a civil infraction and may be
punished by a fine of not more than $1000 and forfeiture of the
marijuana; and
Training Directive: MICHIGAN REGULATION AND TAXATION OF
MARIJUANA ACT
Number: 22-03
Date: 12/16/2022
______________________________________________________________________________________________
________________________________________________________________________________________________
Detroit Police Department
Page 4 of 4
This Training Directive is for internal departmental use only, and violations of the procedures outlined in this Training Directive may form the basis for
Departmental administrative sanctions. This document is not intended for third-party use or benefit. No criminal or civil duty or standard of care is
intended to be, or is, created by the issuance of this Training Directive.
For a third or subsequent violation, is guilty of a misdemeanor and may
be punished by a fine of not more than $2000 and forfeiture of the
marijuana.
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 possess not more
than 2.5 ounces of marijuana or who cultivates not more than 12 marijuana
plants:
For a first violation, is responsible for a civil infraction and may be
punished as follows:
If the person is less than 18 years of age, by a fine of not more than
$100 or community service, forfeiture of the marijuana, and
completion of 4 hours of drug education or counseling; or
If the person is at least 18 years, by a fine of not more than $100 and
forfeiture of the marijuana.
For a second Violation, is responsible for a civil infraction and may be
punished as follows:
If the person is less than 18 years of age, by a fine of not more than
$500 or community service, forfeiture of the marijuana, and
completion of 8 hours of drug education or counseling; or
If the person is at least 18 years of age, by a fine of not more than
$500 and forfeiture of the marijuana.
Except for a person who engaged in conduct described in section 4, a
person who possesses more than twice the amount of marijuana allowed
by section 5, cultivates more than twice the amount of marijuana 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 marijuana 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.
Training Directive: MICHIGAN REGULATION AND TAXATION OF
MARIJUANA ACT
Number: 22-03
Date: 12/16/2022
______________________________________________________________________________________________
________________________________________________________________________________________________
Detroit Police Department
Page 5 of 4
This Training Directive is for internal departmental use only, and violations of the procedures outlined in this Training Directive may form the basis for
Departmental administrative sanctions. This document is not intended for third-party use or benefit. No criminal or civil duty or standard of care is
intended to be, or is, created by the issuance of this Training Directive.
For reference, the above photo depicts bags containing approximately 10 and 2.5
ounces of marijuana. Members should take into consideration that there are
many variables that can affect the weight (moisture content, if the material is
compressed, etc.).
With respect to marijuana concentrate, the permitted possession limit of 15
grams is the equivalent size of a small 2 ounce plastic container that restaurants
commonly serve condiments in. This may also vary depending on the density of
the material.
Training Directive: MICHIGAN REGULATION AND TAXATION OF
MARIJUANA ACT
Number: 22-03
Date: 12/16/2022
______________________________________________________________________________________________
________________________________________________________________________________________________
Detroit Police Department
Page 6 of 4
This Training Directive is for internal departmental use only, and violations of the procedures outlined in this Training Directive may form the basis for
Departmental administrative sanctions. This document is not intended for third-party use or benefit. No criminal or civil duty or standard of care is
intended to be, or is, created by the issuance of this Training Directive.
COMMON CITATIONS and their codes are listed below, and shall be prepared
on a State of Michigan Uniform Law Citation (white ticket).
Misdemeanor
333.27407a- Operation of a marijuana facility without a license (specify
dispensary, grower, processor, consumption lounge, and the role the receiving
party played- owner/manager, sales clerk, security guard, etc.)
Civil Infraction
333.27954b- Transfer marijuana to person under 21
333.27954c- Person under 21 possess, consume, purchase, obtain, cultivate,
process, transport, or sell marijuana.
333.27954e- Consume marijuana in a public place
333.27954f- Cultivate marijuana when plants are visible or outside a locked
area
333.27954g- consume marijuana while operating or being in physical control
of a motor vehicle, or smoking marijuana in the passenger compartment of a
vehicle on a public roadway
333.27954h- Possess or consume marijuana on the grounds of a public or
private school, preschool-grade 12, in a school bus, or the grounds of a
correctional facility.
333.27954i- Possess more than 2.5 ounces of marijuana in a person’s
residence unless excess is stored in a locked room or container.
333.27965- Possess, transport, purchase, or process more than 2.5 ounces of
marijuana, 12 marijuana plants, or 15 grams marijuana concentrate.