The final recreational marijuana ballot language for Michigan is posted. The drafters of the ballot language have thoughtfully addressed numerous issues that have popped up in the frontier recreational states as they adopt permanent rules, which puts the power in the hands of the people rather than the state agency. The ballot language reduces legal risks faced by employers, landlords and parents by removing the uncertainty faced by them when interpreting other state statutes. The ballot also addresses recreational expansion roadblocks caused by municipality opt outs, which that are apparent in California and feed the growth in the black market. Highlights include:
Municipality Opt Out: Residents may petition for the adoption of a marijuana ordinance if the local government has decided to opt out. The lack of municipal opt ins has led to marijuana deserts in California, which has increased black market activity. This provision puts the power back into the hands of the individuals who pay the local counsel’s salaries and whose taxes may be reduced by the sale of recreational marijuana.
Local Ordinances: Local ordinances must stay within the four corners of the Ballot language. These provisions reign in municipalities that create a duplicative regulatory oversight and increase costs by drafting an onerous local ordinance.
Competing Applicants: Local municipalities will be charged with selecting when there are competing applicants for a limited number of licenses.
Microbusinesses: Microbusinesses are specifically authorized and may only be owned by Michigan residents.
Custodial Rights: Custody may not be denied or restricted for lawful marijuana consumption unless it the person’s behavior creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
Employer Rights: An employer are explicitly authorized to enforce its drug policy and take action against an individual who is using marijuana during work.
Landlord Rights: Landlords may prohibit tenants from smoking, consuming, growing, distributing, processing, selling, or displaying marijuana or accessories, except that tenant may lawfully possess and consume marijuana.