INITIATION OF LEGISLATION An initiation of legislation to legalize and regulate marihuana and hemp cultivation, production, testing, sale, distribution, possession, and use for medical and nonmedical purposes; to provide for licensing of certain marihuana establishments; to provide certain rights to persons with a doctor’s recommendation for the use of marihuana; to authorize collection of fees; to allow an excise tax on marihuana transfers at the point of sale; to provide for the powers and duties of certain state and local governmental officers and agencies; to authorize local units of government to adopt limited regulation of marihuana facilities and stores; and to require the promulgation of rules. This proposal is to be voted on in the November 8, 2016 General Election. THE FULL TEXT OF THE LEGISLATION TO BE INITIATED APPEARS ON THE REVERSE SIDE OF THIS PETITION. We, the undersigned qualified and registered electors, residents in the county of ______, State of Michigan, respectively petition for initiation of legislation. WARNING – A person who knowingly signs this petition more than once, signs a name other than his or her own, signs when not a qualified and registered elector, or sets opposite his or her signature on a petition, a date other than the actual date the signature was affixed, is violating the provisions of the Michigan election law. DATE OF SIGNING INDICATE CITY OR TOWNSHIP IN WHICH REGISTERED TO VOTE SIGNATURE PRINTED NAME STREET ADDRESS OR RURAL ROUTE ZIP CODE MO DAY YEAR CITY OF  1. ______TOWNSHIP OF  CITY OF  2. ______TOWNSHIP OF  CITY OF  3. ______TOWNSHIP OF  CITY OF  4. ______TOWNSHIP OF  CITY OF  5. ______TOWNSHIP OF  CITY OF  6. ______TOWNSHIP OF  CITY OF  7. ______TOWNSHIP OF  CITY OF  8. ______TOWNSHIP OF  CITY OF  9. ______TOWNSHIP OF  CITY OF  10. ______TOWNSHIP OF 

CERTIFICATE OF CIRCULATOR The undersigned circulator of the above petition asserts that he or she is 18 years of age or older and a United States citizen; that each signature on the petition was signed in his or her presence; that CIRCULATOR – Do not sign or date certificate he or she has neither caused nor permitted a person to sign the petition more than once and has no knowledge of a person signing the petition more than once; and that, to his or her best knowledge and until after circulating petition. belief, each signature is the genuine signature of the person purporting to sign the petition, the person signing the petition was at the time of signing a registered elector of the city or township indicated preceding the signature, and the elector was qualified to sign the petition. / /  If the circulator is not a resident of Michigan, the circulator shall make a cross or check mark in ______the box provided, otherwise each signature on this petition sheet is invalid and the signatures will not (Signature of Circulator) (Date) be counted by a filing official. By making a cross or check mark in the box provided, the undersigned circulator asserts that he or she is not a resident of Michigan and agrees to accept the jurisdiction of this ______state for the purpose of any legal proceeding or hearing that concerns a petition sheet executed by the (Printed Name of Circulator) circulator and agrees that legal process served on the secretary of state or a designated agent of the secretary of state has the same effect as if personally served on the circulator. ______(Complete Residence Address (Street and Number or Rural Route)) Do not enter a post office box WARNING – A circulator knowingly making a false statement ______Paid for with regulated funds by in the above certificate, a person not a circulator who signs as (City or Township, State, Zip Code) Michigan Comprehensive Cannabis Law Reform Committee a circulator, or a person who signs a name other than his or ______P.O. Box 1358, East Lansing, MI 48826 her own as circulator is guilty of a misdemeanor. (County of Registration, if Registered to Vote, of a Circulator who is not a Resident of Michigan) INITIATION OF LEGISLATION An initiation of legislation to legalize and packaging, transporting, or possessing mar- marihuana products shall be in a container regulate marihuana and hemp cultivation, ihuana or marihuana products, or delivering that is child-resistant. Child resistant pack- production, testing, sale, distribution, pos- or transferring marihuana or marihuana prod- aging shall be re-closable if not intended session, and use for medical and nonmedical ucts to or from a marihuana establishment, for single use. Single-serving edible retail purposes; to provide for licensing of certain if the person conducting any activity under marihuana products that are packaged in marihuana establishments; to provide certain this subdivision has obtained a current, valid child-resistant packaging may be sold in a rights to persons with a doctor’s recommen- license to operate a marihuana establishment larger package that is not child-resistant. dation for the use of marihuana; to authorize or is acting in his or her capacity as an owner, (b) Proper labeling must include the follow- collection of fees; to allow an excise tax on employee, or agent of a licensed marihuana ing statements: “There may be health risks marihuana transfers at the point of sale; to establishment where such activity is allowed. associated with the consumption of this prod- provide for the powers and duties of certain (i) Leasing or otherwise allowing the use uct.”; “This product is intended for use by state and local governmental officers and of property owned, occupied, or controlled adults 21 years and older. Keep out of reach agencies; to authorize local units of govern- by any person, corporation, or other entity of children.”; “This product may be unlawful ment to adopt limited regulation of marihuana for any of the activities conducted lawfully in outside the State of Michigan.”; “This prod- facilities and stores; and to require the prom- accordance with subdivisions (a) to (c). uct contains or is infused with marihuana.”; ulgation of rules. Sec. 4. Any hemp, marihuana, marihuana and “Do not drive a motor vehicle or operate THE PEOPLE OF THE STATE OF MICHIGAN accessory, marihuana product, or licit prop- heavy machinery while using marihuana.” ENACT: erty that is possessed, owned, or used (c) Proper labeling also must include the Sec. 1. This act shall be known and may incidental to or in connection with activity as following information if applicable: Name and be cited as the “Michigan marihuana legaliza- allowed under this act shall not be seized or address of the marihuana establishment that tion, regulation and economic stimulus act.” forfeited. sold the marihuana product to the consumer, Sec. 2. As used in this act, and unless the Sec. 5. (a) A person may engage in hemp and the date of the sale; Name and address context otherwise requires: cultivation, acquisition, transfer and exchange of the marihuana product manufacturing (a) “Consumer” means an individual 21 of seeds, delivery, processing, manufacture, and/or testing facility; List of solvents used to years of age or older, or a person with a sale and export of products for commercial produce any marihuana concentrates; List of physician’s recommendation for the use of purposes and research. All products made all ingredients; Production date, batch num- marihuana, or a person who is registered in from hemp may be possessed or traded for ber, and expiration date, if any; and whether any governmental medical marihuana pro- remuneration without the possessor or trader refrigeration is required. gram. being subject to arrest, prosecution, or pen- (d) Any ingestible product also requires (b) “Hemp” means a plant of the genus alty in any manner or denied any right or a nutrition fact panel conforming to FDA Cannabis and any part of that plant, whether privilege. requirements, and listing the number of milli- growing or not, with a delta-9 tetrahydrocan- (b) The department of agriculture and rural grams of THC per serving and the statement: nabinol concentration that is less than 1.0% development may adopt rules to facilitate “The intoxicating effects of this product may on a dry weight basis, or as allowed by state and provide for the implementation of this be delayed by two or more hours.” or federal regulation. provision. The department shall not adopt (e) All packaging must state whether test- (c ) “License”, “licensed”, or “licensure” a rule that would prohibit a person from ing was performed and if so, the results of means an exemption, or exempted from pen- growing hemp based on the legal status of those tests. alty in any manner under state and local law, hemp under federal law, or which creates an (f) All ingestible products shall be labeled for specific conduct related to marihuana. unreasonably impracticable burden upon a with the number of 10 mg tetrahydrocannab- (d) “Locality” means a city, village, or town- Michigan farmer. inol servings, or fractions thereof, contained ship, or federally regulated tribe. Sec. 6. Marihuana or marihuana products within the product. (e) “Marihuana” means any part of the sold or otherwise transferred by a marihuana Sec. 11. Localities may adopt rules neces- plant of the genus Cannabis whether grow- establishment to a consumer are subject to sary to implement this act and may allow or ing or not, the resin extracted from any part an excise tax of 10%, paid by the consumer prohibit the operation of marihuana estab- of the plant, and every compound, manu- and collected by the marihuana establish- lishments. The rules shall not make their facture, salt, derivative, extract, mixture, or ment. The legislature may reduce this rate operation unreasonably impracticable. The preparation of or from the plant, its resin, or but may not increase it. The department of rules shall include: any other concentrate. Marihuana does not treasury shall establish procedures for col- (a) Procedures for issuing, renewing, sus- include hemp, nor does it include the seed lecting the excise tax by February 1, 2017. pending, or revoking any license. of the plant, fiber produced from the stalk, The net proceeds shall be used as follows: (b) A schedule of application, licensing, oil, or cake made from the seed of the plant, 40% to the department of transportation, and renewal fees. An application fee shall not or the weight of any other ingredient that 40% to the school aid fund, and 20% to the exceed $5,000.00. A renewal fee shall not is combined with marihuana or marihuana locality where the marihuana establishment exceed $500.00, unless the locality deter- products. is located. Marihuana or marihuana products mines that a greater fee is necessary to (f) “Marihuana accessory” means any equip- transferred to a person with a physician’s rec- administer this act. ment, product, or material of that is used, ommendation for the use of marihuana, or (c) Qualifications for licensure directly and intended, or designed for use in planting, with proof of registration in any governmen- demonstrably related to operation of a mari- propagating, cultivating, curing, delivering, tal medical marihuana program, are exempt huana establishment. drying, growing, harvesting, composting, from all excise tax under this Section. The (d) Security requirements for marihuana manufacturing, compounding, converting, sale of hemp and hemp-derived products is establishments. producing, processing, preparing, testing, not subject to excise tax. (e) Rules to prevent sale or diversion of analyzing, packaging, repackaging, storing, Sec. 7. (a) A locality may enact an ordi- marihuana and marihuana products to indi- transferring, transporting, vaporizing, or con- nance or regulation that does not conflict with viduals under the age of 21. taining marihuana, or for ingesting, inhaling, this act or any administrative rules, and which (f) Health and safety regulations and stan- or otherwise introducing marihuana into the may govern the time, place, manner, type, dards. human body. and number of marihuana establishments and (g) Regulations for advertising and display- (g) “Marihuana establishment” means a may establish civil sanctions for violations. A ing marihuana and marihuana products. marihuana product manufacturing facility, a locality may allow or prohibit the operation Sec. 12. Notwithstanding any other pro- marihuana testing facility, or a marihuana of marihuana establishments by ordinance. vision of law, a violation of this act or rules store. If a locality does not allow the operation of implementing this act or performance of an (h) “Marihuana product manufacturing marihuana establishments by June 1, 2017, action involving marihuana not authorized by facility” means a person or entity licensed an initiated or referred measure to allow or this act, except for operating any motor vehi- to cultivate, acquire, manufacture, prepare, prohibit the operation of marihuana estab- cle, aircraft, or motorboat under the influence package or transfer marihuana or marihuana lishments may be submitted to the voters at of marihuana, shall be exclusively punishable products to other marihuana establishments. a general election under processes substan- as follows: A violation may only be issued as (i) “Marihuana products” include marihuana tially similar to the provisions with regard to a civil infraction, with any fine not to exceed or marihuana with other ingredients and the amendment by initiatory petition of city $100.00, except that distributing marihuana intended for human consumption or use. charters set forth in the home rule city act. If or marihuana products to a person who is (j) “Marihuana testing facility” means an the locality is not governed by the home rule between the age of 18 and 21, who does not entity licensed to analyze and certify the city act, then the measure shall require 5% of have the recommendation of a physician to safety and quality of marihuana. qualified elector signatures and substantially use medical marihuana may incur a civil fine (k) “Marihuana store” means a person or comply with said provisions. This Section of $500.00, and any person over the age entity licensed to acquire and sell marihuana does not allow any locality to infringe the of 18 years distributing marihuana or mar- or marihuana products to consumers or to rights of any persons under this act. Nothing ihuana products to a person who is under other marihuana establishments. A mari- in this act shall be construed to prohibit either the age of 18 years and who does not have juana product manufacturing facility may the legislature or a locality of this state the the recommendation of a physician to use also be a marijuana store if allowed by the authority to license other private clubs, non- medical marihuana shall be guilty of a misde- locality. profit entities, or commercial enterprises to meanor punishable by a fine of not more than (l) “Physician’s recommendation” means effectuate the purpose of this act. $1,000.00 and imprisonment for not more that a physician has stated in his or her pro- (b) A locality shall not require a consumer than 60 days for a first offense, a fine of not fessional opinion, a person is likely to receive to provide a marihuana establishment with more than $2,500.00 and imprisonment for therapeutic or palliative benefit from the personal information other than govern- not more than 90 days for a second or sub- medical use of marihuana to treat or alleviate ment-issued identification to determine the sequent offense, and community service. An the person’s medical condition or associated consumer’s age and shall not require a mar- individual under the age of 18 who violates symptoms. If a person is under the age of ihuana establishment to acquire or record any Section of this act may be issued a civil 18, in addition to a written recommendation personal information about consumers other infraction with a civil fine of up to $500.00. If from a physician, the person’s parent or legal than information required in a financial trans- a violation of this act occurs on school prop- guardian shall consent in writing to allow action conducted at a typical retail store. Any erty as defined in this act, a person may be the person’s medical use of marihuana and person claiming a tax exemption for medical punished by a fine by not more than three control the acquisition of the marihuana, the purposes must provide a physician’s recom- times the amount otherwise authorized by dosage, and the frequency of the medical use mendation or proof of registration in any this act, or for a criminal violation of this of marihuana. governmental medical marihuana program. act, by a term of imprisonment for not more (m) “School property” means a building, Sec. 8. (a) Each application for a license than 120 days for a first offense, a fine of playing field, or property used for school to operate a marihuana establishment or not more than $5,000.00 and imprisonment purposes regularly to impart instruction to renewal thereof shall be submitted to the for not more than 180 days for a second or children in grades kindergarten through 12, relevant locality. The locality shall begin subsequent offense, and community service. when provided by a public or private school, accepting and processing applications on Sec. 13. This act supersedes any conflicting except those buildings used primarily for June 1, 2017, and shall issue a license to state statute, administrative rule, local char- adult education or college extension courses. the applicant between 45 and 90 days after ter, ordinance, or resolution. (n) “Under the influence of marihuana” receipt of an application unless the locality Sec. 14. This act shall be considered reme- means that because of using or consuming finds good cause for denial. dial in nature and shall be liberally construed. marihuana, a person’s ability to operate a (b) To ensure a secure, reliable, and Sec. 15. A consumer or person who uses motor vehicle in a normal manner is substan- accountable system for the operation of a marihuana or marihuana products for per- tially lessened. marihuana establishment, a locality may use sonal use or owns or works at a marihuana (o) “Unreasonably impracticable” means relevant applicable criteria in evaluating any establishment shall not be denied custody that the measures necessary to comply application for a license under this act. or visitation of a minor unless the person’s with the regulations require such a high (c) If the locality does not issue a license behavior is such that it creates an unreason- risk or investment of money, time, or any under this Section, it shall promptly notify the able danger to the minor that can be clearly other resource or asset so as to discourage applicant in writing of the specific reason. An articulated and substantiated. a reasonably prudent business person from applicant has the right to appeal to the circuit Sec 16. Possession of marihuana, mari- engaging in the operation of a marihuana court of the county of the applicant within 45 huana accessories, or marihuana products establishment or hemp businesses. days of receipt of notice of denial. The circuit shall not constitute probable cause or reason- Sec. 3. A consumer shall not be subject to court may order the issuance of a license. able suspicion, nor shall it be used to support arrest, prosecution, or penalty in any manner, Sec. 9. This act does not: the search of the person or property of the or denied any right or privilege, for commit- (a) Authorize operating any motor vehicle, person, or otherwise subject any person or ting any of the following acts: aircraft, or motorboat under the influence of property of to inspection by any local, county (a) Acquiring, possessing, internally pos- marihuana. The state and any locality are or state governmental agency. sessing, using, or transporting marihuana, prohibited from using any per se limit of tet- Sec. 17. Any Section of this act being held marihuana products, or marihuana accesso- rahydrocannabinol as criteria to determine invalid shall not affect the application of any ries. whether the operator of a motor vehicle is other (b) Cultivating, growing, harvesting, under the influence of marihuana; Section of this act that can be given full effect. possessing, propagating, processing, or (b) Authorize the transfer of marihuana or Sec. 18. This act does not preempt, pre- transporting 12 or fewer marihuana plants, marihuana products to an individual under vent, or obstruct federal enforcement of each of which is at least 12 inches high or the age of 21 without the recommendation federal law. 12 inches in diameter, and possessing the of a physician, or allow an individual under Sec. 19. No contract is unenforceable on marihuana derived from those plants. The the age of 21 to purchase, possess, use, the basis that marihuana is prohibited by fed- plants must be grown in a manner so as to transport, grow, or consume marihuana or eral law. reasonably prevent unauthorized access to or marihuana products without the recommen- Sec. 20. An insurable interest is granted to harvesting of the plants, and the marihuana dation of a physician; marihuana establishments, marihuana, mar- produced from the plants must not be made (c) Prohibit a person or any entity that ihuana products, and marihuana accessories available for sale. occupies, owns, or controls a property from to the extent that the interest is lawful under (c) Possessing, growing, processing, or prohibiting or otherwise regulating any activ- this act. transporting any number of marihuana plants ity involving marihuana on or in that property Sec. 21. A person, individual, or corporate or their parts that are smaller than those or in the course of business; entity including but not limited to a person described in subdivision (b). The plants must (d) Limit any privileges or rights of a med- who uses marihuana or marihuana products be grown in a manner so as to reasonably ical marihuana patient, caregiver, or licensed for personal use or owns or works at a mar- prevent unauthorized access to or harvesting entity as provided in Michigan law or the laws ihuana establishment, shall be presumed to of the plants, and the marihuana produced of any other unit of government; be engaging in activities made legal by this from the plants must not be made available (e) Allow a person under the age of 18 to act, and shall not be subject to disciplinary for sale. use or possess marihuana products without action, search, seizure of property, arrest, (d) Transferring 2.5 ounces or less of mari- a written physician’s recommendation for the prosecution, any criminal or civil penalties, huana without remuneration to a consumer. medical use of marihuana and written paren- nor be denied any right or privilege including (e) Consuming marihuana on private prop- tal consent to control the acquisition, dosage, but not limited to education, child custody, erty, or on public property as otherwise and frequency of the medical use of mari- health care, public assistance, organ trans- allowed by law. huana; plant, purchase and possession of firearms (f) Assisting another consumer in any of (f) Allow a person under the age of 21 to and ammunition, access to any banking or the acts described in subdivisions (a) to (e). transfer marihuana to any person; financial services, the right to vote or to serve (g) Manufacturing, acquiring, or possessing (g) Discharge a state department, agency, on a jury, or disciplinary action by a busi- marihuana or marihuana products or acces- board, or commission from any statutory or ness or occupational or professional licensing sories, or selling marihuana or marihuana constitutional duty to regulate medical mari- board or bureau. products or accessories to a consumer. huana. Enacting Section 1. This act takes effect (h) Cultivating, harvesting, processing, Sec. 10. (a) Upon sale to a consumer, all March 1, 2017.