HOUSE BILL NO. 5129

A bill to amend 2018 IL 1, entitled

"Michigan Regulation and Taxation of Marihuana Act,"

by amending section 4 (MCL 333.27954).

the people of the state of michigan enact:

Sec. 4. (1) 1. This act does not authorize any of the following:

(a) operating, 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. ;

(b) transfer of Transferring marihuana or marihuana accessories to a person under the age of an individual who is younger than 21 years of age. ;

(c) any person under the age of An individual who is younger than 21 years of age to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana. ;

(d) separation of plant resin Separating marihuana concentrate by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any of the following:

(i) A public place. ,

(ii) A motor vehicle. , or within

(iii) Within the curtilage of any residential structure. ;

(e) consuming Consuming marihuana in a public place or smoking marihuana in a food service establishment or where prohibited by the person who owns, occupies, or manages the property. , except for purposes of As used in this subdivision: a public

(i) "Food service establishment" means that term as defined in section 1107 of the food law, 2000 PA 92, MCL 289.1107.

(ii) "Public place" does not include an area designated for marihuana consumption within a municipality that has authorized marihuana consumption in designated areas that are not accessible to persons under individuals who are younger than 21 years of age. ;

(f) cultivating Cultivating marihuana plants if under either of the following circumstances:

(i) If the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids. or outside

(ii) Outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area. ;

(g) consuming 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 on a public way. ;

(h) possessing Possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children minors attend classes in preschool programs, kindergarten programs, or grades 1 through to 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 an individual'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.

(2) 2. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 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 that allows for or regulating regulates marihuana for medical use.

(3) 3. This act does not require an employer to permit allow or accommodate conduct that is otherwise allowed by under this act in any workplace of the employer or on the employer's property. This act does not prohibit an employer from disciplining doing either of the following:

(a) Disciplining an employee for violation of because the employee violated a workplace drug policy or for working worked while under the influence of marihuana. This act does not prevent an employer from refusing

(b) Refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person an individual with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's violation of the individual violated a workplace drug policy or because that person was working worked while under the influence of marihuana.

(4) 4. This act allows a person to A person may 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 marihuana in accordance with this act and consuming marihuana by means other than smoking.

(5) 5. All other laws inconsistent with this act do not apply to conduct that is permitted by allowed under this act.