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
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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
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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
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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
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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
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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.