Wednesday, November 07, 2018

The Boring, Ponderous Text to the Recreational Marihuana Bill Approved by Michigan Voters 6 November 2018


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 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. The people of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.

Sec. 2. The purpose of this act 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. The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older; remove the commercial production and distribution of marihuana from the illicit market; prevent revenue generated from commerce in marihuana from going to criminal enterprises or gangs; prevent the distribution of marihuana to persons under 21 years of age; prevent the diversion of marihuana to illicit markets; ensure the safety of marihuana and marihuana-infused products; and ensure security of marihuana establishments. To the fullest extent possible, this act shall be interpreted in accordance with the purpose and intent set forth in this section.

 

Sec. 3. As used in this act:

(a) "Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.

(b) "Department" means the department of licensing and regulatory affairs.

(c) "Industrial hemp" means a plant of the genus cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.

(d) "Licensee" means a person holding a state license.

(e) "Marihuana" means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include:

(1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;

(2) industrial hemp; or

 

(3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products. (f) "Marihuana accessories" means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.

(g) "Marihuana concentrate" means the resin extracted from any part of the plant of the genus cannabis.

(h) "Marihuana establishment" means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department.

(i) "Marihuana grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.

(j) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

(k) "Marihuana microbusiness" means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.

(l) "Marihuana processor" means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

(m) "Marihuana retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

(n) "Marihuana secure transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

(o) "Marihuana safety compliance facility" means a person licensed to test marihuana, including certification for potency and the presence of contaminants.

(p) "Municipal license" means a license issued by a municipality pursuant to section 16 of this act that allows a person to operate a marihuana establishment in that municipality.

(q) "Municipality" means a city, village, or township.

(r) "Person" means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.

 

(s) "Process" or "Processing" means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.

(t) "State license" means a license issued by the department that allows a person to operate a marihuana establishment.

(u) "Unreasonably impracticable" means that the measures necessary to comply with the rules or ordinances adopted pursuant to this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment.

Sec. 4. 1. This act does not authorize:

(a) 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 marihuana or marihuana accessories to a person under the age of 21;

(c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;

(d) separation of 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 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 21 years of age;

(f) 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 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 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. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan 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. 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. 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. All other laws inconsistent with this act do not apply to conduct that is permitted by this act.

Sec. 5. 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 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 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 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 another person who is 21 years of age or older in any of the acts described in this section; and

(d) 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 21 years of age or older, as long as the transfer is not advertised or promoted to the public.

2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person 21 years of age or older and the distribution or sale of marihuana accessories to a person 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. 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.

Sec. 6. 1. Except as provided in section 4, a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries. Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488.

2. A municipality may adopt other ordinances that are not unreasonably impracticable and do not conflict with this act or with any rule promulgated pursuant to this act and that:

(a) establish reasonable restrictions on public signs related to marihuana establishments;

(b) regulate the time, place, and manner of operation of marihuana establishments and of the production, manufacture, sale, or display of marihuana accessories;

(c) authorize the sale of marihuana for consumption in designated areas that are not accessible to persons under 21 years of age, or at special events in limited areas and for a limited time; and

(d) designate a violation of the ordinance and provide for a penalty for that violation by a marihuana establishment, provided that such violation is a civil infraction and such penalty is a civil fine of not more than $500.

3. A municipality may adopt an ordinance requiring a marihuana establishment with a physical location within the municipality to obtain a municipal license, but may not impose qualifications for licensure that conflict with this act or rules promulgated by the department.

4. A municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality.

5. A municipality may not adopt an ordinance that restricts the transportation of marihuana through the municipality or prohibits a marihuana grower, a marihuana processor, and a marihuana retailer from operating within a single facility or from operating at a location shared with a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.

Sec. 7. 1. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. The department shall employ personnel and may contract with advisors and consultants as necessary to adequately perform its duties. No person who is pecuniarily interested, directly or indirectly, in any marihuana establishment may be an employee, advisor, or consultant involved in the implementation, administration, or enforcement of this act. An employee, advisor, or consultant of the department may not be personally liable for any action at law for damages sustained by a person because of an action performed or done in the performance of their duties in the implementation, administration, or enforcement of this act. The department of state police shall cooperate and assist the department in conducting background investigations of applicants. Responsibilities of the department include:

(a) promulgating rules pursuant to section 8 of this act that are necessary to implement, administer, and enforce this act;

(b) granting or denying each application for licensure and investigating each applicant to determine eligibility for licensure, including conducting a background investigation on each person holding an ownership interest in the applicant;

(c) ensuring compliance with this act and the rules promulgated thereunder by marihuana establishments by performing investigations of compliance and regular inspections of marihuana establishments and by taking appropriate disciplinary action against a licensee, including prescribing civil fines for violations of this act or rules and suspending, restricting, or revoking a state license;

(d) holding at least 4 public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to administration of this act;

(e) collecting fees for licensure and fines for violations of this act or rules promulgated thereunder, depositing all fees collected in the marihuana regulation fund established by section 14 of this act, and remitting all fines collected to be deposited in the general fund; and

(f) submitting an annual report to the governor covering the previous year, which report shall include the number of state licenses of each class issued, demographic information on licensees, a description of enforcement and disciplinary actions taken against licensees, and a statement of revenues and expenses of the department related to the implementation, administration, and enforcement of this act.

Sec. 8. 1. The department shall promulgate rules to implement and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, including:

(a) procedures for issuing a state license pursuant to section 9 of this act and for renewing, suspending, and revoking a state license;

(b) a schedule of fees in amounts not more than necessary to pay for implementation, administration, and enforcement costs of this act and that relate to the size of each licensee or the volume of business conducted by the licensee;

(c) qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment, provided that a prior conviction solely for a marihuana-related offense does not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor;

(d) requirements and standards for safe cultivation, processing, and distribution of marihuana by marihuana establishments, including health standards to ensure the safe preparation of marihuana-infused products and prohibitions on pesticides that are not safe for use on marihuana;

 

(e) testing, packaging, and labeling standards, procedures, and requirements for marihuana, including a maximum tetrahydrocannabinol level for marihuana-infused products, a requirement that a representative sample of marihuana be tested by a marihuana safety compliance facility, and a requirement that the amount of marihuana or marihuana concentrate contained within a marihuana-infused product be specified on the product label;

(f) security requirements, including lighting, physical security, and alarm requirements, and requirements for securely transporting marihuana between marihuana establishments, provided that such requirements do not prohibit cultivation of marihuana outdoors or in greenhouses;

(g) record keeping requirements for marihuana establishments and monitoring requirements to track the transfer of marihuana by licensees;

(h) requirements for the operation of marihuana secure transporters to ensure that all marihuana establishments are properly serviced;

(i) reasonable restrictions on advertising, marketing, and display of marihuana and marihuana establishments;

(j) a plan to promote and encourage participation in the marihuana industry by people from communities that have been disproportionately impacted by marihuana prohibition and enforcement and to positively impact those communities; and

(k) penalties for failure to comply with any rule promulgated pursuant to this section or for any violation of this act by a licensee, including civil fines and suspension, revocation, or restriction of a state license.

2. In furtherance of the intent of this act, the department may promulgate rules to:

(a) provide for the issuance of additional types or classes of state licenses to operate marihuana-related businesses, including licenses that authorize only limited cultivation, processing, transportation, delivery, storage, sale, or purchase of marihuana, licenses that authorize the consumption of marihuana within designated areas, licenses that authorize the consumption of marihuana at special events in limited areas and for a limited time, licenses that authorize cultivation for purposes of propagation, and licenses intended to facilitate scientific research or education; or

(b) regulate the cultivation, processing, distribution, and sale of industrial hemp.

3. The department may not promulgate a rule that:

(a) establishes a limit on the number of any type of state licenses that may be granted;

(b) requires a customer to provide a marihuana retailer with identifying information other than identification to determine the customer's age or requires the marihuana retailer to acquire or record personal information about customers other than information typically required in a retail transaction;

(c) prohibits a marihuana establishment from operating at a shared location of a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower, marihuana processor, or marihuana retailer from operating within a single facility; or

 

(d) is unreasonably impracticable.

Sec. 9. 1. Each application for a state license must be submitted to the department. Upon receipt of a complete application and application fee, the department shall forward a copy of the application to the municipality in which the marihuana establishment is to be located, determine whether the applicant and the premises qualify for the state license and comply with this act, and issue the appropriate state license or send the applicant a notice of rejection setting forth specific reasons why the department did not approve the state license application within 90 days.

2. The department shall issue the following state license types: marihuana retailer; marihuana safety compliance facility; marihuana secure transporter; marihuana processor; marihuana microbusiness; class A marihuana grower authorizing cultivation of not more than 100 marihuana plants; class B marihuana grower authorizing cultivation of not more than 500 marihuana plants; and class C marihuana grower authorizing cultivation of not more than 2,000 marihuana plants.

3. Except as otherwise provided in this section, the department shall approve a state license application and issue a state license if:

(a) the applicant has submitted an application in compliance with the rules promulgated by the department, is in compliance with this act and the rules, and has paid the required fee;

(b) the municipality in which the proposed marihuana establishment will be located does not notify the department that the proposed marihuana establishment is not in compliance with an ordinance consistent with section 6 of this act and in effect at the time of application;

(c) the property where the proposed marihuana establishment is to be located is not within an area zoned exclusively for residential use and is not within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12, unless a municipality adopts an ordinance that reduces this distance requirement;

(d) no person who holds an ownership interest in the marihuana establishment applicant: (1) will hold an ownership interest in both a marihuana safety compliance facility or in a marihuana secure transporter and in a marihuana grower, a marihuana processor, a marihuana retailer, or a marihuana microbusiness;

(2) will hold an ownership interest in both a marihuana microbusiness and in a marihuana grower, a marihuana processor, a marihuana retailer, a marihuana safety compliance facility, or a marihuana secure transporter; and

(3) will hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness, except that the department may approve a license application from a person who holds an ownership interest in more than 5 marihuana growers or more than 1 marihuana microbusiness if, after January 1, 2023, the department promulgates a rule authorizing an individual to hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness.

4. If a municipality limits the number of marihuana establishments that may be licensed in the municipality pursuant to section 6 of this act and that limit prevents the department from issuing a state license to all applicants who meet the requirements of subsection 3 of this section, the municipality shall decide among competing applications by a competitive process intended to select applicants who are best suited to operate in compliance with this act within the municipality.

5. All state licenses are effective for 1 year, unless the department issues the state license for a longer term. A state license is renewed upon receipt of a complete renewal application and a renewal fee from any marihuana establishment in good standing.

6. The department shall begin accepting applications for marihuana establishments within 12 months after the effective date of this act. Except as otherwise provided in this section, for 24 months after the department begins to receive applications for marihuana establishments, the department may only accept applications for licensure: for a class A marihuana grower or for a marihuana microbusiness, from persons who are residents of Michigan; for a marihuana retailer, marihuana processor, class B marihuana grower, class C marihuana grower, or a marihuana secure transporter, from persons holding a state operating license pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801; and for a marihuana safety compliance facility, from any applicant. One year after the department begins to accept applications pursuant to this section, the department shall begin accepting applications from any applicant if the department determines that additional state licenses are necessary to minimize the illegal market for marihuana in this state, to efficiently meet the demand for marihuana, or to provide for reasonable access to marihuana in rural areas.

7. Information obtained from an applicant related to licensure under this act is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Sec. 10. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act or the rules promulgated thereunder, 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) a marihuana grower or an agent acting on behalf of a marihuana grower who is 21 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 receiving compensation for goods or services;

(b) a marihuana processor or agent acting on behalf of a marihuana processor who is 21 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 receiving compensation for goods or services;

(c) a marihuana secure transporter or an agent acting on behalf of a marihuana secure transporter who is 21 years of age or older, possessing or storing marihuana; transporting marihuana to or from a marihuana establishment; or receiving compensation for services;

(d) a marihuana safety compliance facility or an agent acting on behalf of a marihuana safety compliance facility who is 21 years of age or older, testing, possessing, repackaging, or storing marihuana; transferring, obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for services;

(e) a marihuana retailer or an agent acting on behalf of a marihuana retailer who is 21 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; selling or otherwise transferring marihuana to a person 21 years of age or older; or receiving compensation for goods or services; or

(f) a marihuana microbusiness or an agent acting on behalf of a marihuana microbusiness who is 21 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 21 years of age or older; or receiving compensation for goods or services.

(g) leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under this act;

(h) enrolling or employing a person who engages in marihuana-related activities allowed under this act;

(i) possessing, cultivating, processing, obtaining, transferring, or transporting industrial hemp; or

(j) 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 under 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 governmentissued 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 be enforceable.

Sec. 11. (a) A marihuana establishment may 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.

(b) A marihuana establishment may not cultivate, process, test, or store marihuana at any location other than a physical address approved by the department 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.

(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 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.

(d) No marihuana establishment may refuse representatives of the department the right during the hours of operation to inspect the licensed premises or to audit the books and records of the marihuana establishment.

(e) No marihuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment.

(f) No marihuana establishment may sell or otherwise transfer marihuana that was not produced, distributed, and taxed in compliance with this act.

(g) A marihuana grower, marihuana retailer, marihuana processor, marihuana microbusiness, or marihuana testing facility or agents acting on their behalf may not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at one time.

(h) A marihuana secure transporter may not hold title to marihuana.

(i) No marihuana processor may process and no marihuana retailer may 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.

(j) No marihuana retailer may sell or otherwise transfer marihuana that is not contained in an opaque, resealable, child-resistant package designed to be significantly difficult for children under 5 years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995), unless the marihuana is transferred for consumption on the premises where sold.

(k) No marihuana establishment may sell or otherwise transfer tobacco.

Sec. 12. In computing net income for marihuana establishments, deductions from state taxes are allowed for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying out a trade or business.

Sec. 13. 1. In addition to all other taxes, an excise tax is imposed on each marihuana retailer and on each marihuana microbusiness at the rate of 10% of the sales price for marihuana sold or otherwise transferred to anyone other than a marihuana establishment.

2. Except as otherwise provided by a rule promulgated by the department of treasury, a product subject to the tax imposed by this section may not be bundled in a single transaction with a product or service that is not subject to the tax imposed by this section.

3. The department of treasury shall administer the taxes imposed under this act and may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328 that prescribe a method and manner for payment of the tax to ensure proper tax collection under this act.

Sec. 14. 1. The marihuana regulation fund is created in the state treasury. The department of treasury shall deposit all money collected under section 13 of this act and the department shall deposit all fees collected in the fund. The state treasurer shall direct the investment of the fund and shall credit the fund interest and earnings from fund investments. The department shall administer the fund for auditing purposes. Money in the fund shall not lapse to the general fund.

2. Funds for the initial activities of the department to implement this act shall be appropriated from the general fund. The department shall repay any amount appropriated under this subsection from proceeds in the fund.

3. The department shall expend money in the fund first for the implementation, administration, and enforcement of this act, and second, until 2022 or for at least two years, to provide $20 million annually to one or more clinical trials that are approved by the United States food and drug administration and sponsored by a non-profit organization or researcher within an academic institution researching the efficacy of marihuana in treating the medical conditions of United States armed services veterans and preventing veteran suicide. Upon appropriation, unexpended balances must be allocated as follows:

(a) 15% to municipalities in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the municipality;

(b) 15% to counties in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the county;

(c) 35% to the school aid fund to be used for K-12 education; and

(d) 35% to the Michigan transportation fund to be used for the repair and maintenance of roads and bridges.

Sec. 15. A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law:

1. Except for a person who engaged in conduct described in sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), a person who possesses not more than the amount of marihuana allowed by section 5, cultivates not more than the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than the amount of marihuana allowed by section 5, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana.

2. Except for a person who engaged in conduct described in section 4, a person who possesses not more than twice the amount of marihuana allowed by section 5, cultivates not more than twice the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice the amount of marihuana allowed by section 5:

(a) for a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana;

 

(b) for a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana;

(c) for a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.

3. Except for a person who engaged in conduct described by section 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:

(a) for a first violation, is responsible for a civil infraction and may be punished as follows:

(1) if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or

(2) if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana.

(b) for a second violation, is responsible for a civil infraction and may be punished as follows:

(1) if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling; or

(2) if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana.

4. Except for a person who engaged in conduct described in section 4, a person who possesses more than twice the amount of marihuana allowed by section 5, cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by section 5, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.

Sec. 16. 1. If the department does not timely promulgate rules as required by section 8 of this act or accept or process applications in accordance with section 9 of this act, beginning one year after the effective date of this act, an applicant may submit an application for a marihuana establishment directly to the municipality where the marihuana establishment will be located. 2. If a marihuana establishment submits an application to a municipality under this section, the municipality shall issue a municipal license to the applicant within 90 days after receipt of the application unless the municipality finds and notifies the applicant that the applicant is not in compliance with an ordinance or rule adopted pursuant to this act.

3. If a municipality issues a municipal license pursuant to this section:

(a) the municipality shall notify the department that the municipal license has been issued;

(b) the municipal license has the same force and effect as a state license; and

(c) the holder of the municipal license is not subject to regulation or enforcement by the department during the municipal license term.

 

Sec. 17. This act shall be broadly construed to accomplish its intent as stated in section 2 of this act. Nothing in this act purports to supersede any applicable federal law, except where allowed by federal law. All provisions of this act are self-executing. Any section of this act that is found invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application

Friday, October 19, 2018

Marx Brothers, Streamlined - ongoing project





Their last group picture - Harpo, Zeppo, Chico, Groucho, and Gummo




They're practically part of my DNA, these four brothers, but I'm enough of a fan to appreciate that some of their films are challenging, and in the case of two of the MGM productions, not at a level I can share in public venues due to their 1930's-level of "appreciative stereotyping."
So.  I am working with the former Sony Vegas software and mp4 versions of their 13 films to do the unpardonable - I'm editing down Marx Brothers movies.
Many of them.  Some remain perfection on celluloid, and some (such as "Horse Feathers") could go on for another hour as far as I'm concerned. 
So, trimming out and adjusting pacing have given me the following projection times:




1929 - The Cocoanuts - from 96 to 78 minutes - most of the cuts involved excision of the songs "When My Dreams Come True" and "Monkey Doodle Doo."  "Monkey Doodle Doo" has a lot of fun lyrics, but my ears cannot take the performance. 


1930 - Animal Crackers - 98 minutes?  Make it 398 minutes - recreate the DuBarry scene, in synthetic 2-strip technicolor, please!  And someone find Lillian Roth outtakes, too!


1931 - Monkey Business - 77 minutes, still 77 minutes.  Love the opening credits - would have loved the ending to be in the original warehouse for the bootleggers - then it could have ended with the four barrels full of Marxes ready for their next adventure.


1932 - Horse Feathers - 68 minutes - oh please, some archive find and restore the apartment scene with Thelma Todd, and the extended dog catcher sequence.


1933 - Duck Soup - 68 minutes to 67 and 1/2 minutes - to permit showing at my current venue, I had to excise "...and that's why darkies were born."  Nobody understands George White's Scandals anymore in academe.


1935 - A Night at the Opera - 92 untouchable minutes - unless someone finds the excised references to Italy that MGM carved from the ORIGINAL NEGATIVE.  MGM does NOT "get" comedy.


1937 - A Day at the Races - 109 minutes down to 90 minutes - that Gabriel scene had to go, along with some other unnecessary exposition - the MGM bricks were falling on the brothers.  Much of the water carnival went to the editing bin, too. 


1938 - Room Service - 78 to 72 minutes - just trimmed out dead air - it seems slightly perkier.  The background dialog between Groucho and Chico while Harpo mastered the layered look lost all the dead space, and with the miracle of compression, I kept everything Harpo did, but about 20% faster.  A second set of great opening credits that will be unscathed. Near the end, when everyone is being so solemn around the author's fake suicide, you really notice that this isn't the usual Groucho - there'd be one zinger after another if it had been "Animal Crackers."


1939 - At the Circus - 87 minutes to 63 minutes - Out with Swingali, of course, but my stomach could not take any rendition of "Two Blind Loves," and it was an opportunity to slice back on Groucho's scene with Goliath.  Still couldn't do much with the continuity gaffe where Groucho suddenly appears on the train after being completely blocked by Chico at the station.  Best scene is still Harpo and Chico with Goliath, and the ending with Jardinet's orchestra floating out to sea remains intact and satisfying.  Wouldn't this film have been better if "Lydia" had been sung in the excised courtroom scene with Groucho, have Groucho run to the train after Chico's telegram, dive into a cab with Margaret Dumont, and then have Chico do a version of "Lydia," and then have Harpo do a version as well...


1940 - Go West - 80 minutes to 68 minutes - the temptation to slice out all except the opening and closing was strong, but I wanted to test how to do internal edits, such as speeding up the closing gag of the railroad official sliding into a prepared hole after he gets clobbered.  I may do another version, cutting out the reservation scene and putting back in "Ridin' the Range" - it would be a nice thing to think of the Kalmar and Ruby script - with "Go West" at the beginning, and Chico and Harpo being a pair of spies sent out to help Mr. Beecher with his greasy plans, so there could be a "Duck Soup-ish" spy update scene.


1941 - The Big Store - 83 minutes to 60 minutes - that "Tenement Symphony" is toast, and the bed scene is distilled to a single joke.  At 60 minutes, it amounts to some adequate Groucho time, and lots of music by Chico and Harpo.  I actually like "Sing While You Sell," with the Marxes making a transition to the 1940s-style of musical comedy, and Groucho can dance.


1946 - A Night in Casablanca - pending - maybe an opportunity to play with the pacing.  But they prove they could do better than Mervyn LeRoy at producing a Marx Brothers comedy.


1950 - Love Happy - an earlier experiment took the 85 minutes down to 60, but I'm looking for better pre-edit material (the Marilyn Monroe sequence is far too dark in my work print).

This exercise is distraction is an extension of my experiments with the MGM Buster Keaton films.  With all the excellent raw material, even with Keaton's decline (horrifying in "What, No Beer!"), much better films could have emerged.  My video editing class showed that "Speak Easily" would have been a better, tighter film with the removal of about 6 minutes, and the consensus was that "Doughboys" (1930) would have been an ideal "part-talkie."  At class end, we had experimented with using "live" sound over a 20fps hand-crank conversion in various parts, and Keaton's traditional timing began to emerge.  MGM couldn't wrap its head around comedy.  Imagine how W. C. Fields would have fared under the umbrella of Leo beyond his "David Copperfield" appearance...


Sunday, August 26, 2018

And My Viewership is So Quirky!

A Friendly Russian Bear

Twice a month, there are mass visitations to this rather mundane, and generally unviewed, little blog of mine.  Each time, usually about the 5th or 20th of the month (this time the 24th), I get a sudden spike.

Blogger is nice enough to flag the points of origin, and it may come as no surprise that they have been - for the most part - from Mother Russia.

Lately, however, there has been a shift, as if the land of Vladdy Boy is attempting to obscure its inexplicable interest in these typings.

At first, it was obvious - Ukraine.  I suppose it's just to see if their absorbed servers there are working.

Then came, inexplicably - Brazil.  Now, I think Brazilians are monstrously cool, if only from my admiration of their gleeful attendance of Disney World in crisp uniforms and linear progression through the park.  I just wonder at their interest in a collection of doodles from a Michigan pharmacist.

And then, perhaps, not inexplicably -- unknown region.  Granted, until the US acknowledged China in the 1970s, it was considered a "big empty hole in the space," or some such phrase I vaguely recall from a period MAD issue.  Could that still be the attitude of Blogger?  Another quandary.

But tonight, 104 hits at 3am from, of all places, FRANCE! Now, I'm a bit of a francophile, I love me some croque monsieur whenever possible, but a trip to Montreal or Quebec is about as gallic an experience I've been able to muster since high school.  Edith Piaf and Maurice Chevalier rock my world, and I love mistranslating Jean Gabin into storyboards that'll never be produced due to copyright issues (I have learned from Nina Paley's encounters, so those guilty pleasures will remain for my eyes only).  But 104 folks simultaneously interested in me from France at 3am?  If I were in France at 3am, I wouldn't be interested in me, yet alone my blog!

Vive la France! Ooo La La!!!
Now, if Mother Russia is trying to boost my ego by artificially nudging my pandemic numbers, that's very flattering of her.  She already sends a surfeit of solemn bride material to my effectively  collapsed Instagram account, after all.  But my lovely wife is all the companionship I require, thank you, and if I need more hirsute experiences, I have an adoring dog who already lays claim to me as her human.  I admire your expanse of time zones, I respect your knowledge of transdermal chemical substances (at a safe distance), get a kick of of Shostakovich, and think vodka is the third best use of a potato, after French fries and potato chips.
Masters of Transdermal Compounding

Whoa - an epiphany - French fries! Maybe that's the French Connection!

Mother Russia - you're one clever mother!
My dog guards us diligently...

But, sometimes, at a distance
November 2018 update - now we can add the "United Arab Emirates" to the list of binge visitors!
November 2018 update #2 - and we can add OH CANADA!!!! as well....

Saturday, August 04, 2018

Pharmacies in Battle Creek - A BRIEF Historical Overview

last update: 5 August 2018

A Bit of Background

Before the creation of the FDA in 1906, there were no restrictions placed on what could be sold as medicine in the United States.  Morphine was a common ingredient in infant teething formulas, asparagus extract was sold as a urinary “purifier,” and even Grape Nuts was touted by C. W. Post as a treatment for appendicitis.  Further, no drug company was required to state the ingredients of its products.  Overdosing and addiction were common in those “good old days.”.   Battle Creek, because of its reputation for health, drew the attention of several companies that set up shop, or at least rented a post office box, to benefit from the distinction of being in the same city as Dr. Kellogg’s Sanitarium.

Until 1919, Michigan pharmacists were only required to have a 10th grade education and have two years apprenticeship before taking a licensing exam.  Licensing of individual drugstores was not required until 1921.  Until that time, opening a pharmacy required little more than the willingness to do so.  It wasn’t until 1929 that even a two-year college level training was required (present training takes six years).

In the pre-FDA days, Battle Creek boasted over a dozen pharmacies, most of them concentrated around the center of town.  Many of them dispensed their prescriptions in elaborate monogrammed bottles, stoppered with the finest Portuguese cork, and sealed with paraffin.  The requirements for labeled ingredients imposed upon the patent medicines didn’t apply to compounded prescriptions; in fact, until as late as the mid-1960s it was still considered by many as a violation of the physician-pharmacist working relationship for a pharmacist to discuss medicine with the patient.

As chain pharmacies emerged, gaining strength with preferential pricing and agreements with insurance and drug companies, independent pharmacies found it increasingly difficult to remain competitive and still be profitable.  As a result, the baker’s dozen of independent pharmacies that existed in 1978 has dwindled to two in 2001.  Their legacy of treating the ill and serving their community will remain in our community’s collective memory.
Ahmberg and Murphy's Elegant storefront - Kellogg Foundation stands in this location

Some Random Notes on the Collection at the Kimball House Museum in Battle Creek, Michigan:

(note - this is far from a complete listing of Battle Creek pharmacies - this brochure was developed as a guide to selected artifacts at the museum put on brief display in 2001.  The legends surrounding Speaker's pharmacy could fill a book on its own.)

Log Cabin Sarsaparilla, of Rochester NY– sarsaparilla was a general tonic and “cure all” for digestive disorders; simple to make, it often contained high levels of alcohol to “enhance” its absorption and “preserve the ingredients.”  Dr. Guysott added yellow dock (then popular for jaundice or constipaton) to his preparation.

The “bitters” from Dr. Sawen’s and  Dr. Hostetter’s subscribed to the philosophy that medicine had to taste bad to be good.  It didn’t hurt that the compounds were usually 50 proof.  Dr. Hostetter made use of an annual almanac to promote his product.


Pine Tree Tar Cordial, again replete with a hefty dose of inebriants, would give the proper impression that the patient was drinking turpentine.

Lydia Pinkham’s Vegetable Compound was the grandmother of all patent medicines; her picture was common to nearly every typesetter’s box.  Her written advice to customers, however, was completely posthumous.  The product is still made today, although the “preservative” is at a lower concentration.

Buffalo Lithia water came from rich mineral springs during an era where drinking such water was an important part of taking “the cure.”  Contemporaries noted the best way to indulge was to “hold your nose and drink quickly.”

Vin Antimony, presented here in a pharmacy’s reagent bottle, was primarily put to use as a cathartic and emetic...for those with the “urge to purge.”  Also known as the “tartar emetic.”

The Old Indian Medicine Company, makers of Wa-Hoo Bitters, probably had nothing more than a post office box in Battle Creek.  It offered local residents the opportunity to try its concoction at a substantial discount.

Claude C. Jones ran a pharmacy in the old Bijou theatre arcade at 47 West Main (now Michigan) after trying out a location at 115 Calhoun.  When the Battle Creek Retail Druggists’ Association organized in 1928, he was its first president.
Bijou Theater Lobby

Bijou Theater becoming a historic parking lot


E. L. Jones, of 13 East Main, was a “manufacturing chemist” during the 1880s.

M. L. Pierce Palace Pharmacy was a new addition to 53 West Main by 1889.  Short-lived by comparison to most, his store didn’t survive to the turn of the century.  A similar fate met J. F. Halliday and Sons.

Will Phillips, of 38 East Main, then 10 West Main, then 53 West Main, had moved on completely by 1901.

J. E. Weeks, at 250 East Main, had his name on a pharmacy until at least 1916.

The Health Home Pharmacy was a fixture at 222 West Main for the last two decades of the 19th century.

Willard Drugs of 45 East Main remained in business until around World War I.

Larmour’s Drugs, founded by A. Fred Larmour, originated at 201 South Kendall before moving to Urbandale in the 1930s.  It remained the longest operating independent pharmacy in Battle Creek.

The Holton Brothers were doing business at 3 West Main in 1869.  A move to 19 East Main (the “Peninsular block”) came four years later.  They became Willard Drugs after moving to 45 East Main.

Grandine and Hinman (of 1883 vintage), of 6 East Main, changed billing from Andrus and Grandine, with its heritage also dating to at least 1869.  Hinman went off on his own in 1887 to 11 East Main, and the partnership site  went to E. J. Smith in 1889...busy pieces of real estate.

F. H. Boos, brewer of “Milwaukee Beer” found action as bottler of ginger ale during Prohibition.

R. W. Snyder had no local pharmacy, but prepared medical supplies (“Spirits of Camphor”) and through its successor, the Alden Brothers, produced “Orange Cider” and “Wild Cherry Phosphate.”  The labels are suitable for framing.

The Battle Creek Sanitarium Pharmacy was discreetly secreted into the depths of the San’s basement, emphasizing Dr. Kellogg’s philosophy that drugs were unnecessary in the world of “biologic living.”  One San pharmacist, Oscar Speaker, left in 1926 to begin a retail pharmacy at 22 East Main, a site that probably employed every pharmacist in the county at one time or another before it closed in the 1970s.
Bernard Swonk on the right - a longtime pharmaceutical presence in the cereal city





"For Lease" sign in the site of Speaker's Drugs (now demolished - site is "Mill Race" fountain wall)


2001 research for this project by Jim Middleton, one of the few pharmacists in Battle Creek who didn’t work at Speaker’s Drug Store....but nearly everyplace else that no longer exists.

Saturday, July 28, 2018

ASIFA CENTRAL ANIMATION RETREAT - GRAND RAPIDS, AUGUST 11 12

COMING SOON TO A WEALTHY STREET THEATER NEAR YOU! 

(ok, it's near you if you get to Grand Rapids, but keep reading!)
last update: Sunday 12:20 am, 12 August 2018




Connecting animators to animators! Celebrating the Art of Animation! Activities for ASIFA members include a hands-on animation workshop, multiple screenings and an animator’s picnic. An evening animation screening will be open to the public.

Events will be held August 11-12Saturday & Sunday, at the Community Media Center, 1110 Wealthy Street, Grand Rapids, MI. You are welcome to come, join, network, and delve into animation.

- We gather Saturday morning at 11:00 am. Brad Yarhouse, ASIFA Central President will then officially welcome folks and open the events. New members welcome! Come and join our group, and stay for the weekend.



- Join the animating workshop, noon - 3:00 pm, where we will have several animating stations to undertake a short joint project. Try your hand at various techniques, such as using sand, silhouette or 2D sketching! (Bring along your favorite supplies, if you wish.)

- From 3:00 - 5:00 pm (or so), it's "Show and Tell" - SEE the wonderful animation YOU helped to create at the workshop! BRING and SHOW your own projects you are working on right now! HEAR the wonderful stories, gasps of appreciation, and praises as we share our techniques and passions! We will Premiere the new ASIFA/Central Ani-Jam, inspired by the International Animation Day poster for 2018! For "Show and Tell" entries contact Jim Middleton at jim.middletonrx@gmail.com

- Then, it is time for dinner! Wonderful food emporia are located conveniently to the Retreat.




7:00 - 8:30 pm (or so): More animation! Bridging the past to the present, Chuck Wilson will present the amazing silhouette work of Lotte Reiniger, animation pioneer. Following, will be the Best of the Ottawa Animation Festival, celebrating new international animation curated by the top animation festival in North America. This inspiring screening is open to the public, bring a friend.

- Folks are invited to reconvene Sunday morning 11:00 am, for chatting, mingling, and our annual picnic. This event asks for a $5 participation fee to help cover costs. Picnic location will be at the north end of Riverside Park in Grand Rapids, near the Veteran's home on Monroe. The ASIFA Central Retreat then concludes around 2:00 pm.  There may be cake!

Retreat limited to ASIFA and CMC members only. Memberships available on site.

For more information you can reply to this post or contact Steve Leeper at steve@jsleeper.com


"Show and Tell" section on August 11 - thus far:

ASIFA CENTRAL “SHOW AND TELL” for August 11, 2018
3-4:30pm

Time Presenter                 Topic
3:00         Jim Middleton         Photoshopping Anijammery
3:15         Chris DeWitt         New member, new film
3:30         Dylan Shay         New member (the sequel), and film with friend
3:45         Chris Sagovac Drawn Film Project - 16mm analog experience!
4:00         Mackenzie Mayo Something Amazing This Way Comes
4:15         Lindsay Moore Pen Droppings and Inkish Behavior
4:30         Wrap up discussion (buffer time to 4:45 and next retreat production)

Times may be adjusted for content and space, in either direction!

Be ready to answer some questions -
1. Did you have a particular self-imposed restriction on this project (were you only going to use a specific software, this project being your self-grown tutorial)?
2. What technology(ies) did you use?  (Hardware, software, tablets, lighting systems)
3. What turned out to be your biggest challenge in this production (music rights? Software limitations?  Rendering challenges? Post production output decisions based on distribution platforms?)
4. How did you adapt to the needs of the workflow for the project?  (If it was bigger than you expected, how did you cut or create work-arounds?)
5. What turned out to be your most valuable resource?
6. And just what did you learn from all this?