Phun Pharmacy Phacts for March 2019 - Lewis and Clark and Calomel

(cc) The Animating Apothecary


http://www.lulu.com/shop/jim-middleton/uncle-stans-profusely-illustrated-world-no-2/paperback/product-22507271.html

Isopropanol swabs for nausea - wait, that sounds like a bumper sticker....

OK, here's a note from JAMA Surgery online, via one of those Rx newsletters that I really do read now and then:

A small study - 120 ER patients - reviewed three treatments for nausea and vomiting:
(1) taking 4mg of Zofran (ondansetron) while sniffing an isopropanol pad (one of those little wrapped alcohol wipes used to scrub the skin before an injection);
(2) sniffing the isopropanol pad while taking a placebo tablet; and
(3) sniffing a pad soaked in salt water while taking a 4mg Zofran tablet.

They used a 100 point nausea scale to rank the results.
(1) Zofran/alcohol wipe - nausea down by 30 points
(2) Placebo/alcohol wipe - nausea down by 32 points
(3) Zofran/saline wipe - nausea down by 9 points.

Alcohol wipes outperform a placebo and a gold-standard prescription medication for treatment of nausea and vomiting.

They may be on to something.... hmmmm.... (link below from March, 2018)

https://www.jwatch.org/na46286/2018/03/09/inhaled-isopropyl-alcohol-superior-oral-ondansetron

A Romantic Moment for Valentine's Day...

(cc) Animating Apothecary, Jim Middleton

Osiris Posited in 2009

From Awakening Osiris: The Egyptian Book of the Dead, a translation of texts by Normandi Ellis

A lively "Book of the Dead"

From Awakening Osiris: The Egyptian Book of the Dead, a translation of texts by Normandi Ellis, with these gems that leap from the page:


“My body is but wax and wick for flame. When the candle burns out, the light shines elsewhere.”      

“Not a perfect soul, I am perfecting. Not a human being, I am a human becoming.”  

“Name yourself in your heart and know who you are.”  

“In the beat of a heart, the suck of a breath, you are the universe.”  

“In my heart are the deeds my body has done and my heart has been weighed in the balance.”  

“Mine is a heart of carnelian, crimson as murder on a holy day.”

And a section of 21 rather deadly apres-vie "ladies of the ether." They deserve one's respect, yes, ma'am!

ASIFA Central Meeting Notes - 4 February 2019

ASIFA Board Agenda and Meeting - February 4, 2019, a Conference Call Collossus!

Chatting up a storm, after a storm, waiting for the thermal inversions to make a mockery of Monday moodiness and frigid fiasca.  Bleary-eyed participants dialed in at 8pm, Monday, February 4.  
A proper communion of puppetry began the celebration of new home ownership, knotty pines, radiation survival, and film stripping.  
Present: Deanna, Gretchen, Julie (her first time as setting up!), Chuck, Chris, Brad, Bob S, and some half-blind pharmacist in Battle Creek

Topics:
ASIFA IAD Central Review
From 50 attendants in 2017 to 125 in 2018; from 2 screening sites in 2017 to 7 in 2018.  26 chapters participated in the IAD, and 15 chapters exchanged film reels for the occasion.  By 2020, ASIFA Central will spread animation to all corners of the globe! Well, a globe by definition doesn’t really have any corners, does it?  That would be squaring the circle, which ignores pi, and a culture that ignores pi can only find culture in yogurt, which is not an ideal animation medium.
President Brad has been musing on the timing for future IAD showings, namely by pulling submission deadlines to the first of June, with this first challenge representing a best of compilation from the hours of material on the 15 programs already exchanged by the international chapters.  Then, by 2020, the reset schedule should allow for plenty of programming without the current concerns about last minute arrangements, which can contribute to a low level of animator and audience participation.

The new! Improving! ASIFA Website has some needs, mainly technical, with challenges on viewing the site based on the browser used (clipping on Firefox, trimming on Opera, and who knows what Netscape thinks of it).   Julie is working on links, Jim is prepping some mp3s to flood the fields of public domain (1924 - “Rhapsody in Blue” is up for grabs, and how one can salivate...), until then, some nice Edison masters of Felix Arndt.   Brad is working on the main header for the site.

And an earlier release of the IAD poster can improve participation (and again, reduce the rushed sense of wrapping up rapt contributions).  This year, Saturday February 23 begins ANI-JAM 19! The Grand Rapids Community Media Center will host, or members can participate via SKYPE at 1:00 EST.
Brad offered the following notes for the ANI-JAM:
Crazy idea 1: Proliferation and exuberance of life! 
Pitch: The landscape constantly scrolls belching out strange bugs till the last bug (the one on the poster appears)
Rules ideas:
One person creates the rolling landscape (it just scrolls)
The amount of landscape depends on the number of participants.
Each person gets a copy of their portion of the rolling landscape. The landscape scrolls 3 sec per person
Each person can make the animated belching bug volcanos act as they desire but the must keep moving at the same pace and match up with the next segment of the scroll. In other words during the 3 seconds, much can happen but the landscape must move consistently to the pace that you were given, and your end volcanos and holes must match the start of the next volcanos and holes. 
You can interpret the scrolling landscape in other mediums keeping consistent colors and basic shapes. (stop-motion, 3D, paint, etc.)
Within your 3 seconds you can go wild with creative insects
animators can combine their segments to make larger segments and have interaction between their bugs and interpretations of the world
Specifics will be worked out before the 23rd day of February gets nibbled away.

Deanna Morse also let slip that she is one of four new ASIFA International vice presidents.  She discussed her projects for the newly repurposed website, with US chapter profiles, overviews of ASIFA prize recipients for the past 20 years, and a celebration of ASIFA’s 60th anniversary.  Deanna wants writers to sharpen their pencils on behalf of the projects, offering prize money to stimulate the process.  April submissions with September deadlines for those projects.  Deanna and Brad will continue discussions between ASIFA Central conference calls.
Here is her official "release" - 

Elected (re-elected) as a V.P. for ASIFA International, 3 year term. Working with Sayoko Kinoshita (President, Japan), VPs: Johnchill Li (China), Mohamed Ghazala (Egypt), Thomas Rendolder (Austria), and the many ASIFA chapter representatives around the globe. Working for peace and mutual understanding, connecting through our shared love of the art of animation. Celebrating 60 years in 2020 for this organization. 

And a preliminary discussion for this year’s ASIFA Central retreat focused on St. Louis, Missouri for the location, with details being sent “to committee” for the next meeting.  A July 20 weekend is being proposed for the retreat, to allow for scheduling access to other summer events.  We understand St. Louis in July is a specialized treat for those who enjoy heat and humidity on a professional scale.  RETREAT Committee: Chris, Gretchen, Bob; with  details by next meeting

ASIFA Central is a non-profit group, and as a non-profit, members may be able to take advantage of certain special considerations for software access and promotional partnerships.  Nina Paley’s creative-commons “Seder Masochism” is certainly worthy of an afternoon showing and discussion in its own right.

The Ann Arbor film festival is also slated for March 26-31, with at least one major session concentrating on animation, with other films being scattered among the competitors.  Other local retreats were discussed, based on availability of material, topics, and creators.  Those, too, went into a committee for consideration.

Jim Middleton
ASFIA Central Secretary

Regarding that New "New Math"

With all the talk of New "New Math," I thought a glimpse of an 1882 guide on the subject might be worth a look.  I'm still trying to work through the "tutorial." From "Parson's Hand-Book of Forms," published in Battle Creek by J. E. White of 5 West Main Street:



...and just wait for the piece on fractions...

Phun Pharmacy Phacts for February 2019

Well, maybe a fantasy, after all.  Pharmacists are prone to fantasy, you know, like lunchtime.


http://www.lulu.com/spotlight/UncleStan

Phun Pharmacy Phacts for January 2018

http://www.lulu.com/spotlight/UncleStan

Don't Be Nervous (1929) - clip demonstrating sound technique

1929 wasn't a good year for movies that moved.  Sound generally meant a camera bolted in place, boxed to create a quiet camera and dehydrated cameraman.  And for the sound itself, it wasn't high fidelity - it practically had to fight to get onto the soundtrack.  Watch The Broadway Melody (1929) to track MGM's learning curve (spoiler alert - it isn't too curvy), or examine the Marx Brothers in their first film for Paramount, The Coconuts, to observe the direct method to prevent crackly paper from destroying a take.

Lloyd Hamilton, himself

So for a two-reeler from Educational Pictures in 1929 to not only handle sound pretty well, but to add a split-screen AND interactive soundtrack is pretty amazing.  Lloyd Hamilton, generally unknown today, was appreciated by his contemporaries (Buster Keaton particularly among them), provided this example of how he handled "the talkies."  I know I was rather stunned - from Don't Be Nervous, directed by William Watson. 

The whole thing is here:
https://archive.org/details/DONTBENERVOUSLloydHamiltonTalkie

Christmas Movie Memories from 2018 - The Holly and the Ivy (1952)

Couldn’t make it all the way through “The Holly and the Ivy” on its Turner broadcast, even with a mild distraction of a jigsaw puzzle. It began interestingly enough, with some banter among two ladies trying to share the same train compartment, but having to adjust for one’s first class vs second class carriage, setting the stage for a class division between them. Then it comes to Ralph Richardson’s house and becomes a completely set stage. Lots of quiet talk, quiet outrage, quiet disappointment, restrained dismay, revelation of atheism as The Holiday service approaches, and an overarching impression that father has been more interested in his career than his own family. He prefers the abstract assistance over the concrete concern, seems mildly surprised that his family has all these stressors. Ultimately, Michael Gregory chucks it all to go to America, changes his name to Marcus Brody and becomes dean of students for Marshall college in Connecticut, only to be sobered up and perpetually frustrated by one of his professors, Henry Walton Jones, Jr. At least that’s what I remembered. The egg nog that evening was fantastic.  Sparrow agreed.

Old School Prescribing - An Example from 1888

Morphine for cough, with other goodies.  J. J. Spieker, Dispensing Chemist, corner of 6th and K Streets, Sacramento, California.

It's Linear Acceleration Time!

Tuesday, January 8, 1pm:  The mask was tight, the radiation sensor put a bit of pressure on the eye, and the accelerator also seemed to move the table ever so slightly.  The set up was about 15 minutes, and the intense blue light that followed was not uncomfortable, but it did seem to bring up the image of the "star baby" from 2001 in my mind.  A slight blurriness to the left eye due to the pressure from the sensor.  Seven hours later, a warm sensation to the left side of the face, and a mild sinus headache, but that's not uncommon this time of January, especially on a day whose temperature bounced between 37 and 53 degrees within a 20 mile range.  I am told I can keep the mask once this three week cycle is complete.  Woop.  More notes to follow.  System employed: Truebeam "advanced image-guided radiation therapy" (IGRT)

The mask for all 14 treatments - so tight I could hardly swallow, and don't even think of having a conversation!

A German radiological oncologist - this lymphoma doesn't stand a chance!

8am, January 9:  Mask and fitting in place quickly, about 3 minutes in set up, two runs of blue illumination running about 15-20 seconds each.  It felt warm this time.  Visuals that appeared were primarily reflective of the intense light - white semi-circles along the lower left visual field.  Warmth was slightly pronounced this visit, as if a 200 watt bulb had been moved around that side of the face.  No blurring this time, but a small white pulsing image in the upper right field appeared, synchronized with my heartbeat.  Fourteen runs are currently scheduled, not the original plan of 15, nor a local clinic's plan of 18 before second opinions were obtained.



8am, January 10:  Another 3 minute set up, with two runs of blue illumination, less intense, and of 20-25 second durations.  No burning sensation at the end of treatment this time.  I suspect the pulsing will be an alternate day thing, with weekends without therapies being bracketed by the more intense treatment.  Nevertheless, at 1.8 Gray units per treatment, the 14 sessions will represent a total of 25.2 Gray units, which is right in the middle of the 20-30 Gray recommendation for this procedure. 

On the way out, an inmate from the local state penitentiary was being escorted in, literally in chains.  I wonder if that counts as lead shielding. 

8am, January 11:  Longer irradiation (about 40+ seconds this time) at a further distance, with the same 1.8 shades of Gray.  Observed that the left eye had improved reading-distance vision without glasses the night before.  No other effects after this encounter.  Progress report with clinician set for next session.

8am, January 14:  Two blue scans running about 25 seconds each, no adverse effects, a slight smell of ozone, again as if a 200 watt bulb had been positioned nearby.  Clinician will review progress in another week, suggesting a lifetime bedtime prescription of sterile Vaseline in the affected eye. Follow up oncology and ophthalmic appointments being confirmed with the referring university. The convict preceded me this time.  Chains to the left, unchained maladies to the right....

8am, January 15:  The most post-procedure redness yet, with two bursts, one about 25 seconds, the other 40 seconds or so.  The journey there and back, amid a mild round of iced rain, was the biggest challenge.  A Time magazine cover in the waiting room had a newborn on its cover with the caption: "The Future of Babies?" - If lucky, old age...

8am, January 16:  #7 - the halfway point!  Again, quickly processed, some post-procedure warmth and redness requiring a brief ice pack to prevent a state of constant blushing at work.  Two bursts again, one about 13 seconds, the other over 45 seconds.  Perhaps the gap is due to a need to recharge?  Need to research this.   Additional redness around the eye again, but no pain whatsoever.  The 90 mile round-trip journey was only occasionally slippery. 

Another magazine had an article on Chagas disease, clamping the stomach's cardiac sphincter in a condition known as achalasia, caused by the "kissing bug" Trypanosoma cruzi.  I thought it was an interesting discussion on esophageal nerve damage, and then wondered if it would be useful research in GERD treatments, since an open cardiac sphincter seems to be a powerful contributor to the condition. 

Here's an NCBI link - https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2797592/

I know it's a diversion from a MALT lymphoma posting, but it was nice to see something other than Guns N Macho and Us magazines to look at.  And don't even get me started on that odd dream about a rough landing from a space ride in the middle of a thunderstorm.

8am, January 17:  And a nice quick drive today, an early arrival despite two semi's enwrapped on the freeway, only to have a pause to the festivities with a slow startup on the linear accelerator.  One blast of 13 seconds, a couple of false starts, a repositioning of my arms, and then a final run of about 20 seconds.  Reports are that Mr. Lymphoma is looking smaller.  Some neural effects being noted - tingling along the left cheek and at the tip of the nose.  The eye is still responding well to bedtime sterile petrolatum. Consumer's Energy has its building lit on every floor, in every cubicle, visible on approach.  I guess they make the electricity, so they must have first dibs.

8am, January 18:  Did Consumer's read my post on day #8?  They had some darkened cubicles this morning!   I was greeted with a, "They're ready for you.  You know where to go, right?"

 "Yeah, I'll follow the cookie crumbs." Passed a door labeled "Pump Room" - it isn't where the water supply comes in.  Whoops.  Will knock before entering in the future, but may not be allowed unsupervised hallway wanderings...

A quick routine, 13 second/40 second scans of the blue beam.  The color blue lingered a minute or so  on in the retinal memory.  Dry roads, snowmageddon being predicted for the weekend.  It's Michigan, the house has plenty of tuna and TP, so bring it on!  Five treatments remain.  At the end of this one, a small discolored patch was visible on the external eyelid of my good eye.  Uh-oh.

en

8am, January 21:  A weekend of diminishing returns on the mercury, a "Super Blood Wolf Moon" entering into eclipse, a post-eclipse lunaration into the western office windows at 5:30am, the eastern sky beckoning with Venus and Jupiter in their orbital dance, and a temperature of -11F, then -15F, then -20F (and I do mean F) for the trip eastward.  The machines were adoze, and the waiting room was on the edge of discomfort.  However, the treatment began after an hour delay, with two runs of 30 seconds this time, a slight burning sensation afterwards to the treated eye, and the external eyelid of my good eye looking less discolored than swollen from frequent hot packs during the weekend.  

Also had a nice discussion on the physics of the photon, the theory of the proton's benefits, and the gradual demise of electron access when it comes to radiological oncology.  I kept the sketch:

One from me for clarity, perhaps...

Breakfast, and particularly a hot coffee cup to embrace, was especially welcome this morning.  

Only four more to go!

leven

2pm, then 3pm, January 22:  A combination of -20 degrees and network failures (and my thick skull) resulted in the need for replacement parts for the linear accelerator.  Treatment #11 was delayed by six hours as a result.  Once there, another hour-long delay set in to work in all the back-logged patients.  I shared a waiting area with three gentlemen with full bladders waiting their turn for prostate treatments.  The session was quick, a full 60 seconds of blue light special exposure without an intermission.  The tear ducts were in full force and the ophthalmic vasodilation gave me the look of a pharmacist who has seen just a bit too much in his career.  And the weather broke forth with freezing rain, turning a 35 minute drive back into a 90 minute adventure of fishtailing vehicles along the Blue Highway alternative to I-94.  In keeping with the situation, the windshield wiper reservoir went dry.  Today's 3pm treatment will be followed by #12 at 8am tomorrow.

welve

8am, January 23 (skipped), then 8am, January 24:  The ice capade this morning was sponsored by Mother Nature.  Had to cancel this visit or brush up on my skating skills.  #12 will have to wait a day!  Now let's hope for less ice...

"The Next Morning" or "Came the Dawn" --

The roads are passable, so Off We Go!

A continuous 60 second exposure during this run, no breaks, with redness increasing from treatment #11 and a continuation of a ticklish tip of the nose as warmth and tenderness continue to grow along the facial nerve (at least that's my story).  The eyeball itself is redder with this and the treatments since #10, and sterile petrolatum is no listed as a 'drug shortage' from national wholesalers.  Sterile Vaseline isn't available?  Yep, we are quickly becoming an old Eastern European satellite.

An entertaining return ride from the treatment.

hirteen

8am, January 25:  An inch of snow, an undercoat of ice - and lo, a 35 mile drive becomes another backroads adventure taking an hour and a half.  The penultimate treatment was a 15 second/45 second phase, the surrounding tissue a beet red to supplement a winter's facial rosiness,  The patient immediately before me was contemplating this as his final visit, and his right eye and surrounding area was more purple than red.  I suspect more than an indolent lymphoma was being treated.

One treatment remains, with a weekend to rest beforehand. 

ourteen

8am, January 28:  After a weekend to recover from treatment #13 - it was a scorched sensation, and it responded well to ibuprofen and some dabs of Aquaphor - it was time for the final run, with a 20 second/40 second split in the mighty blue light, with the gentle ringing of a bell to mark the end of the treatments.  The mask was all mine after that, the bell a memento, and the discussion with the radiation oncologist surrounded the dramatic amount of shrinkage of the lymphoma, which should continue.  The visits will be every six months now with this radiation oncologist, the primary oncologist at the U of M, and the ophthalmologist at the Kellogg Eye Center to observe for any negative changes - but from the research I have uncovered, this should hold me for 7 - 10 years, not the 10 1/2 month average response to suffering through weekly Rituxan infusions.

A bit of a scorch after 14 treatments

The real news today was the weather - the ride to the clinic was a bit of a challenge at 7am, but by 9:00, the freeway was in a state of disarray with the snow and wind that we left for the "Blue Highways" paralleling I-94 for the return home.  Along the way, the phone began blowing up with news that WMU was closing at noon, sending all staff home at 3pm.  Since it would have been nearly 1pm by the time I could get there anyway, I called the clinic and begged off the day.  By 7pm, it is fairly clear in this neck of the where, with another inch being offered, but with dramatic snow and drifting and falling temperatures for the rest of the week.  In short, winter in Michigan.

Courtesy of my coworkers, worn the day of the final treatment.

Post Radiation day, #2

The challenge here was not the radiation, but the continuing weather situation.  The evening before, the blower on the furnace burned out.  Repairs were managed on this particular morning, but not before waking up to this reading on the thermostat:

The number on the right is the "goal" - the number on the left is the room's actual temperature.  It was -16F outside.

It took 7 hours to bring the temperature back to 67 degrees - and then, Consumers Energy had a fire at one of its storage stations, prompting a series of loud emergency announcements on phone and cable TV that all customers should dial down to 65 degrees to prevent supplies from becoming exhausted.

Post Radiation day, #5

Saturday, Ground Hog Day (watch the movie, don't read this babble, c'mon, really).  The conjunctival dryness is encroaching, taken to task by assorted over-the-counter ophthalmic lubricants, with a bedtime dose of some wildly overpriced (but briefly sterile, 'ere the application ensues) white petrolatum (aka "Vaseline" - truly, the insane inflation of all topical products over the past five years, aided by the FDA restriction on pharmacists being able to compound even the simplest of products, redefines usury), helps that factor.

However, the area beneath the eye is reddening beyond that of the time immediately following the final treatment.  This was predicted, and it is rather dramatic, with the overall impression of that area actually melting.  The skin tone, such as it ever was, is yielding to the forces of gravity. 

Thus far, five days out, there is no apparent loss of eyebrows or lashes.

Will augment with photographic evidence as time and technology permit.

Post Radiation day, #6

Sunday, 3 February - the conjunctival swelling continues to diminish, almost to the point of making sides of the eyeball itself visible further into the socket on all sides.  Rather an odd sensation.  Speaking of sensations, sterile petrolatum is still the main go-to for general relief, especially for moments when the eye feels like a hot sphere of sandpaper.

Post Radiation day, #9

Wednesday, 6 February - the eye is less painful, the surrounding skin somewhat dry and crackly, and there seems to be a slow erosion of the left eyebrow.  Simple eyedrops and evening petrolatum are working very fine.

Post Radiation day, #20

Sunday, 17 February - the irritated area immediately around the left tear duct has almost completely resolved.  The lymphoma continues to withdraw at this point, small enough to be unnoticeable to anyone not looking for the previous, ponderous tissue.  Energy level seems to be returning to "normal," which pretty much means I don't collapse when returning home from work.  Follow ups rescheduled for March, thanks to the effects of polar vortices on safe navigation upon Michigan interstates.  In the meantime, petrolatum and more petrolatum.

Post Radiation day, #27

Sunday, 24 February - Vision has made a shift - the radiated eye has become ever so slightly far-sighted, but with 20/400 to begin with, that's still not to be considered an improvement.  It may be an adjustment from the pressure exerted by the lymphoma during the several months before treatment.  Floating particles are appearing in the right eye now, some very small gnat-like bits that have me swatting at non-existent bugs, and one dark, dreamy comma that distracts from a clear view.

Also, the left eyebrow is about 1/4 gone at its distal edge at this point -- barely enough to comb.

Nose jokes stink, but eye jokes are cornea!

Post Radiation day, #48

Sunday, Erin Go Brach! - The particles still float in the right eye, and the left eye is doing well with evening sterile petrolatum and occasional artificial tears during the day.  The left eyebrow has not receded further, and in fact, is beginning to fill in a wee bit. Next adventures - revisits at U of M at the end of the month!

Post Radiation day, #88

Friday, April 26 - Radiation oncology says to buzz off, ophthalmology and oncology moved the every four month visits to every 6 months, which means I've got at last seven months left in me - 6 months to the appointment, 1 month for the check to clear!

The radiated eye received the lion's share of all electronic attention, with some light spillover to surrounding tissues.  The consequence of that is there is some cheekbone tenderness, as if a random bit of fisticuffs had transpired in the wee hours of the night. 

The vision in the left eye has improved considerably, even with the increased likelihood for cataracts - the prescription for that lens is about half of what it has been for most of the past 30 years...makes one wonder how long an "indolent" lymphoma can take its time growing.

Unless some major change emerges, these latest notes will be the last update to this particular blog entry.

And now, on to more interesting subjects. Well, other things I have typed, anyway.  Only the Russian bots seem to take note.

Phun Pharmacy Phacts for December #2

Benedict Arnold, a New Haven Connecticut pharmacist, became the first ultraconservative by switching loyalties to the British crown during the American Revolution.  On his deathbed, in 1801, his last words were, "At least I didn't have to deal with prescription insurances."

http://www.lulu.com/spotlight/UncleStan

Phun Pharmacy Phacts - December edition

If you wrapped every cough drop sold inside every condom sold at the pharmacy, you'd never get any droplets.

With injectable diabetes treatments, cherry flavoring is preferred to kiwi  by a factor of 12 to 1.

If you count your ADHD medications by threes instead of fives, your chances for OCD increase by 47.382%.

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

Here is the "Preamble" to the law:
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.