2.6Michigan Regulation and Taxation of Marihuana Act (Recreational Marijuana)
Effective December 6, 2018, Initiated Law 1 of 2018, MCL 333.27951 et seq., created the Michigan Regulation and Taxation of Marihuana Act (MRTMA), the purpose of which “is to make marihuana legal under state and local law for adults 21 years of age or older, to make industrial hemp legal under state and local law, and to control the commercial production and distribution of marihuana under a system that licenses, regulates, and taxes the businesses involved.” MCL 333.27952.
Notwithstanding these purposes, the MRTMA “allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of 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.” MCL 333.27954(4).1
1 For additional information on the MRTMA, see the Michigan Judicial Institute’s Controlled Substances Benchbook, Chapter 8.