| 1 | 1 | | SENATE BILL NO. 807 A bill to amend 2018 IL 1, entitled "Michigan Regulation and Taxation of Marihuana Act," by amending the title and sections 4, 5, 10, and 11 (MCL 333.27954, 333.27955, 333.27960, and 333.27961), section 10 as amended by 2023 PA 166. the people of the state of michigan enact: TITLE An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by certain persons; 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. If not enacted by the Michigan State Legislature in accordance with the Michigan Constitution of 1963, the proposed legislation is to be voted on at the General Election, November 6, 2018. 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 Except as otherwise allowed under section 10, transferring marihuana or marihuana accessories to a person under the age of who is younger than 21 years of age. ; (c) any Except as otherwise allowed under section 10, a person under the age of who is younger than 21 years of age to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana. ; (d) separation of Separating 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. ; (e) consuming Consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under who are younger than 21 years of age. ; (f) cultivating Cultivating marihuana 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. ; (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 a public way. ; (h) possessing Possessing marihuana accessories or possessing or consuming marihuana 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 (i) Possessing more than 2.5 ounces of marihuana within a person'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 for or regulating marihuana for medical use. (3) 3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer's property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's violation of a workplace drug policy or because that person was working while under the influence of marihuana. (4) 4. This act allows a person to 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 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 this act. Sec. 5. (1) 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4, of this act, the following acts by a person who is 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege: (a) except Except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate. ; (b) within Within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once. ; (c) assisting Assisting another person who is 21 years of age or older in any of the acts described in this section. ; and (d) giving Giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person who is 21 years of age or older, as long as the transfer is not advertised or promoted to the public. (2) 2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 and subsection (4), of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person who is 21 years of age or older, or 19 years of age or older as allowed under section 10, and the distribution or sale of marihuana accessories to a person who is 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege. (3) 3. A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. (4) A person who is 19 years of age or older may manufacture, purchase, distribute, and sell marihuana accessories if the person is acting in accordance with section 10. Sec. 10. (1) Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 or 11(5) or the rules promulgated under this act, the following acts are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection except as authorized by this act, and are not grounds to deny any other right or privilege: (a) For a marihuana grower or an agent acting on behalf of a marihuana grower who is 21 19 years of age or older, cultivating not more than the number of marihuana plants authorized by the state license class; possessing, packaging, storing, or testing marihuana; acquiring marihuana seeds or seedlings from a person who is 21 years of age or older; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for goods or services. (b) For a marihuana processor or an agent acting on behalf of a marihuana processor who is 21 19 years of age or older, possessing, processing, packaging, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for goods or services. (c) For a marihuana secure transporter or an agent acting on behalf of a marihuana secure transporter who is 21 19 years of age or older, possessing or storing marihuana; transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for services. (d) For a marihuana safety compliance facility or an agent acting on behalf of a marihuana safety compliance facility who is 21 19 years of age or older, testing, possessing, repackaging, or storing marihuana; transferring, obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for services. (e) For a marihuana retailer or an agent acting on behalf of a marihuana retailer who is 21 19 years of age or older, possessing, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; selling or otherwise transferring marihuana to a person who is 21 years of age or older; or receiving compensation for goods or services. (f) For a marihuana microbusiness or an agent acting on behalf of a marihuana microbusiness who is 21 19 years of age or older, cultivating not more than 150 marihuana plants; possessing, processing, packaging, storing, or testing marihuana from marihuana plants cultivated on the premises; selling or otherwise transferring marihuana cultivated or processed on the premises to a person who is 21 years of age or older; or receiving compensation for goods or services. (g) For a tribal marihuana business or an agent acting on behalf of a tribal marihuana business who is 21 19 years of age or older, engaging in an activity the tribal marihuana business is authorized to engage in under an applicable agreement entered into under section 7(2)(b) that is in effect. (h) Leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under this act. (i) Enrolling or employing a person who engages in marihuana-related activities allowed under this act. (j) Possessing, cultivating, processing, obtaining, transferring, or transporting industrial hemp. (k) Providing professional services to prospective or licensed marihuana establishments related to activity under this act. (2) A person acting as an agent of a marihuana retailer who sells or otherwise transfers marihuana or marihuana accessories to a person who is younger than 21 years of age is not subject to arrest, prosecution, forfeiture of property, disciplinary action by a professional licensing board, denial of any right or privilege, or penalty in any manner, if the person reasonably verified that the recipient appeared to be 21 years of age or older by means of government-issued photographic identification containing a date of birth, and the person complied with any rules promulgated pursuant to this act. (3) It is the public policy of this state that contracts related to the operation of marihuana establishments or tribal marihuana businesses be enforceable. Sec. 11. (1) (a) A marihuana establishment may shall not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids. (2) (b) A marihuana establishment may shall not cultivate, process, test, or store marihuana at any location other than a physical address approved by the department cannabis regulatory agency and within an enclosed area that is secured in a manner that prevents access by persons not permitted by the marihuana establishment to access the area. (3) (c) A marihuana establishment shall secure every entrance to the establishment so that access to areas containing marihuana is restricted to employees and other persons permitted by the marihuana establishment to access the area and to agents of the department cannabis regulatory agency or state and local law enforcement officers and emergency personnel and shall secure its inventory and equipment during and after operating hours to deter and prevent theft of marihuana and marihuana accessories. (4) (d) No A marihuana establishment may shall not refuse representatives of the department cannabis regulatory agency the right during the marihuana establishment's hours of operation to inspect the licensed premises or to audit the books and records of the marihuana establishment. (5) (e) No A marihuana establishment may or tribal marihuana business shall not allow a person under 21 who is younger than 19 years of age to volunteer or work for the marihuana establishment or tribal marihuana business. A marihuana establishment or tribal marihuana business shall not allow a person who is 19 years of age or older but younger than 21 years of age to volunteer or work for the marihuana establishment or tribal marihuana business unless both of the following conditions are met: (a) An agent of the marihuana establishment or tribal marihuana business who is 21 years of age or older is present at the marihuana establishment or tribal marihuana business while the person is volunteering or working. (b) An agent of the marihuana establishment or tribal marihuana business who is 21 years of age or older directly supervises the person while the person is volunteering or working. (6) (f) No A marihuana establishment may shall not sell or otherwise transfer marihuana that was not produced, distributed, and taxed in compliance with this act. (7) (g) A marihuana grower, marihuana retailer, marihuana processor, marihuana microbusiness, or marihuana testing facility, or agents an agent acting on their its behalf, may not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at one 1 time. (8) (h) A marihuana secure transporter may not hold title to marihuana. (9) (i) No A marihuana processor may shall not process and no a marihuana retailer may shall not sell edible marihuana-infused candy in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marihuana. (10) (j) No A marihuana retailer may shall not sell or otherwise transfer marihuana that unless the marihuana is not contained in an opaque, resealable, child-resistant package designed to be significantly difficult for children under a child younger than 5 years of age to open and not difficult for a normal adults adult to use properly as defined by 16 C.F.R. 1700.20 (1995), unless the provided for under 16 CFR 1700.20. This subsection does not apply to marihuana that is transferred for consumption on the premises where it is sold. (11) (k) No A marihuana establishment may shall not sell or otherwise transfer tobacco. |
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| 23 | 23 | | SENATE BILL NO. 807 |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 2018 IL 1, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Michigan Regulation and Taxation of Marihuana Act," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending the title and sections 4, 5, 10, and 11 (MCL 333.27954, 333.27955, 333.27960, and 333.27961), section 10 as amended by 2023 PA 166. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | TITLE |
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| 36 | 36 | | |
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| 37 | 37 | | An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by certain persons; 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. If not enacted by the Michigan State Legislature in accordance with the Michigan Constitution of 1963, the proposed legislation is to be voted on at the General Election, November 6, 2018. |
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| 38 | 38 | | |
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| 39 | 39 | | Sec. 4. (1) 1. This act does not authorize any of the following: |
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| 40 | 40 | | |
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| 41 | 41 | | (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. ; |
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| 42 | 42 | | |
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| 43 | 43 | | (b) transfer of Except as otherwise allowed under section 10, transferring marihuana or marihuana accessories to a person under the age of who is younger than 21 years of age. ; |
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| 44 | 44 | | |
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| 45 | 45 | | (c) any Except as otherwise allowed under section 10, a person under the age of who is younger than 21 years of age to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana. ; |
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| 46 | 46 | | |
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| 47 | 47 | | (d) separation of Separating 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. ; |
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| 48 | 48 | | |
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| 49 | 49 | | (e) consuming Consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under who are younger than 21 years of age. ; |
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| 50 | 50 | | |
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| 51 | 51 | | (f) cultivating Cultivating marihuana 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. ; |
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| 52 | 52 | | |
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| 53 | 53 | | (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 a public way. ; |
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| 54 | 54 | | |
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| 55 | 55 | | (h) possessing Possessing marihuana accessories or possessing or consuming marihuana 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 |
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| 56 | 56 | | |
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| 57 | 57 | | (i) Possessing more than 2.5 ounces of marihuana within a person'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. |
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| 58 | 58 | | |
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| 59 | 59 | | (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 for or regulating marihuana for medical use. |
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| 60 | 60 | | |
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| 61 | 61 | | (3) 3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer's property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's violation of a workplace drug policy or because that person was working while under the influence of marihuana. |
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| 62 | 62 | | |
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| 63 | 63 | | (4) 4. This act allows a person to 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 and consuming marihuana by means other than smoking. |
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| 64 | 64 | | |
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| 65 | 65 | | (5) 5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act. |
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| 66 | 66 | | |
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| 67 | 67 | | Sec. 5. (1) 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4, of this act, the following acts by a person who is 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege: |
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| 68 | 68 | | |
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| 69 | 69 | | (a) except Except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate. ; |
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| 70 | 70 | | |
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| 71 | 71 | | (b) within Within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once. ; |
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| 72 | 72 | | |
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| 73 | 73 | | (c) assisting Assisting another person who is 21 years of age or older in any of the acts described in this section. ; and |
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| 74 | 74 | | |
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| 75 | 75 | | (d) giving Giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person who is 21 years of age or older, as long as the transfer is not advertised or promoted to the public. |
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| 76 | 76 | | |
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| 77 | 77 | | (2) 2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 and subsection (4), of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person who is 21 years of age or older, or 19 years of age or older as allowed under section 10, and the distribution or sale of marihuana accessories to a person who is 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege. |
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| 78 | 78 | | |
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| 79 | 79 | | (3) 3. A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. |
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| 80 | 80 | | |
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| 81 | 81 | | (4) A person who is 19 years of age or older may manufacture, purchase, distribute, and sell marihuana accessories if the person is acting in accordance with section 10. |
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| 83 | 83 | | Sec. 10. (1) Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 or 11(5) or the rules promulgated under this act, the following acts are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection except as authorized by this act, and are not grounds to deny any other right or privilege: |
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| 85 | 85 | | (a) For a marihuana grower or an agent acting on behalf of a marihuana grower who is 21 19 years of age or older, cultivating not more than the number of marihuana plants authorized by the state license class; possessing, packaging, storing, or testing marihuana; acquiring marihuana seeds or seedlings from a person who is 21 years of age or older; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for goods or services. |
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| 87 | 87 | | (b) For a marihuana processor or an agent acting on behalf of a marihuana processor who is 21 19 years of age or older, possessing, processing, packaging, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for goods or services. |
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| 89 | 89 | | (c) For a marihuana secure transporter or an agent acting on behalf of a marihuana secure transporter who is 21 19 years of age or older, possessing or storing marihuana; transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for services. |
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| 90 | 90 | | |
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| 91 | 91 | | (d) For a marihuana safety compliance facility or an agent acting on behalf of a marihuana safety compliance facility who is 21 19 years of age or older, testing, possessing, repackaging, or storing marihuana; transferring, obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; or receiving compensation for services. |
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| 92 | 92 | | |
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| 93 | 93 | | (e) For a marihuana retailer or an agent acting on behalf of a marihuana retailer who is 21 19 years of age or older, possessing, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment or a tribal marihuana business; selling or otherwise transferring marihuana to a person who is 21 years of age or older; or receiving compensation for goods or services. |
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| 95 | 95 | | (f) For a marihuana microbusiness or an agent acting on behalf of a marihuana microbusiness who is 21 19 years of age or older, cultivating not more than 150 marihuana plants; possessing, processing, packaging, storing, or testing marihuana from marihuana plants cultivated on the premises; selling or otherwise transferring marihuana cultivated or processed on the premises to a person who is 21 years of age or older; or receiving compensation for goods or services. |
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| 96 | 96 | | |
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| 97 | 97 | | (g) For a tribal marihuana business or an agent acting on behalf of a tribal marihuana business who is 21 19 years of age or older, engaging in an activity the tribal marihuana business is authorized to engage in under an applicable agreement entered into under section 7(2)(b) that is in effect. |
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| 99 | 99 | | (h) Leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under this act. |
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| 100 | 100 | | |
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| 101 | 101 | | (i) Enrolling or employing a person who engages in marihuana-related activities allowed under this act. |
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| 102 | 102 | | |
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| 103 | 103 | | (j) Possessing, cultivating, processing, obtaining, transferring, or transporting industrial hemp. |
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| 104 | 104 | | |
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| 105 | 105 | | (k) Providing professional services to prospective or licensed marihuana establishments related to activity under this act. |
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| 107 | 107 | | (2) A person acting as an agent of a marihuana retailer who sells or otherwise transfers marihuana or marihuana accessories to a person who is younger than 21 years of age is not subject to arrest, prosecution, forfeiture of property, disciplinary action by a professional licensing board, denial of any right or privilege, or penalty in any manner, if the person reasonably verified that the recipient appeared to be 21 years of age or older by means of government-issued photographic identification containing a date of birth, and the person complied with any rules promulgated pursuant to this act. |
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| 108 | 108 | | |
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| 109 | 109 | | (3) It is the public policy of this state that contracts related to the operation of marihuana establishments or tribal marihuana businesses be enforceable. |
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| 110 | 110 | | |
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| 111 | 111 | | Sec. 11. (1) (a) A marihuana establishment may shall not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids. |
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| 112 | 112 | | |
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| 113 | 113 | | (2) (b) A marihuana establishment may shall not cultivate, process, test, or store marihuana at any location other than a physical address approved by the department cannabis regulatory agency and within an enclosed area that is secured in a manner that prevents access by persons not permitted by the marihuana establishment to access the area. |
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| 114 | 114 | | |
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| 115 | 115 | | (3) (c) A marihuana establishment shall secure every entrance to the establishment so that access to areas containing marihuana is restricted to employees and other persons permitted by the marihuana establishment to access the area and to agents of the department cannabis regulatory agency or state and local law enforcement officers and emergency personnel and shall secure its inventory and equipment during and after operating hours to deter and prevent theft of marihuana and marihuana accessories. |
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| 116 | 116 | | |
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| 117 | 117 | | (4) (d) No A marihuana establishment may shall not refuse representatives of the department cannabis regulatory agency the right during the marihuana establishment's hours of operation to inspect the licensed premises or to audit the books and records of the marihuana establishment. |
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| 118 | 118 | | |
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| 119 | 119 | | (5) (e) No A marihuana establishment may or tribal marihuana business shall not allow a person under 21 who is younger than 19 years of age to volunteer or work for the marihuana establishment or tribal marihuana business. A marihuana establishment or tribal marihuana business shall not allow a person who is 19 years of age or older but younger than 21 years of age to volunteer or work for the marihuana establishment or tribal marihuana business unless both of the following conditions are met: |
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| 120 | 120 | | |
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| 121 | 121 | | (a) An agent of the marihuana establishment or tribal marihuana business who is 21 years of age or older is present at the marihuana establishment or tribal marihuana business while the person is volunteering or working. |
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| 122 | 122 | | |
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| 123 | 123 | | (b) An agent of the marihuana establishment or tribal marihuana business who is 21 years of age or older directly supervises the person while the person is volunteering or working. |
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| 124 | 124 | | |
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| 125 | 125 | | (6) (f) No A marihuana establishment may shall not sell or otherwise transfer marihuana that was not produced, distributed, and taxed in compliance with this act. |
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| 126 | 126 | | |
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| 127 | 127 | | (7) (g) A marihuana grower, marihuana retailer, marihuana processor, marihuana microbusiness, or marihuana testing facility, or agents an agent acting on their its behalf, may not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at one 1 time. |
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| 128 | 128 | | |
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| 129 | 129 | | (8) (h) A marihuana secure transporter may not hold title to marihuana. |
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| 130 | 130 | | |
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| 131 | 131 | | (9) (i) No A marihuana processor may shall not process and no a marihuana retailer may shall not sell edible marihuana-infused candy in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marihuana. |
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| 132 | 132 | | |
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| 133 | 133 | | (10) (j) No A marihuana retailer may shall not sell or otherwise transfer marihuana that unless the marihuana is not contained in an opaque, resealable, child-resistant package designed to be significantly difficult for children under a child younger than 5 years of age to open and not difficult for a normal adults adult to use properly as defined by 16 C.F.R. 1700.20 (1995), unless the provided for under 16 CFR 1700.20. This subsection does not apply to marihuana that is transferred for consumption on the premises where it is sold. |
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| 134 | 134 | | |
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| 135 | 135 | | (11) (k) No A marihuana establishment may shall not sell or otherwise transfer tobacco. |
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