By. K.D. Norris
ken@wktv.org
Contrary what you might have recently smelled at local concert venues, if not on the main streets of Michigan, smoking marijuana is legal but — currently — not if you bought it or if you are lighting it up in public.
Didn’t know those facts? Don’t feel alone.
With extensive government regulation and rules still being written, it still a little cloudy on the laws surrounding the Michigan Regulation and Taxation of Marijuana Act, which Michigan voters approved last fall and which legalized adult recreational marijuana use.
To find out just what is legal and what is not, currently and possibly in the future, WKTV sat down with Christopher R. Becker, Kent County Prosecuting Attorney. And from what he said, smokers are not the only ones a little hazy on the subject — to some Michiganders it is unclear if legal marijuana use it is actually the law of the land already.
“Legalization actually went into effect in December (2018), just about a month from it being passed,” said Becker, who was elected to the position in 2016 and leads the prosecutor’s office team of more than 30 attorneys. “The best description would probably be that it is in a transition stage right now.”
As far as the current laws governing several situations of illegal use and possession, Becker said, “for the vast majority of cases it is a civil infraction … There are some unique things, criminally. But then for the rest, the infrastructure if you will, the dispensary, the system to distribute it … the state is still working through getting that all set up right now.”
The Michigan Department of Licensing and Regulatory Affairs (LARA) is the government body drafting the state’s rule and regulations. But at this point, it is legal to possess marijuana but there is no place to buy it — legally.
“Essentially, that is what it is,” Becker said. “If you are over 21, you can have it in your possession, you can smoke it in your own house, you can share it — and that is a very important term. … (selling it, or supplying it ‘with remuneration’) is still illegal.”
Becker, in the WKTV Journal In Focus interview, also went on to detail the current laws of public consumption, the evolving laws — and flaws in the laws— associated with driving in possession and while under the influence, and other current and possible legal aspects of legal recreational marijuana.
In the interview, Becker also talked about his office’s work with new and innovative justice system programs in Kent County, including Restorative Justice for Juveniles, and courthouse therapy dogs for children and vulnerable adult victims.
He also addressed recent criticism of Michigan’s prosecutors from the Michigan ACLU, associated with the group’s Smart Justice Campaign, focused on the rights of poor and minority persons charged with crimes but not convicted. See a WKTV story on the ACLU’s Smart Justice campaign here.
Background on MRTMA and local reaction
On Nov. 6, 2018, Michigan voters approved Proposal 18-1, which created the Michigan Regulation and Taxation of Marijuana Act (MRTMA) and legalized adult marijuana use for recreational purposes. This law automatically “opts-in” all municipalities, but each municipality can decide the extent to which it may limit or prohibit state-licensed recreational marijuana establishments prior to a December 2019 deadline.
Many municipalities across the state are waiting on their “opt-in or opt-out” decision until the state finishes writing the rules for the new adult-use marijuana industry, expected to be in draft form in June. But Wyoming and Kentwood did not wait around.
The City of Kentwood City Commission, in November of 2018, just after the proposal was approved, voted in favor of an amendment to the city code to prohibit marijuana establishments within the city, according to media reports.
The City of Wyoming’s City Council, in December of 2018, adopted a pair of ordinance amendments: one prohibits the operation of both recreational marijuana establishments and medical marijuana facilities; a second updates the city’s guidelines on recreational marijuana so that is might be regulated the same as alcohol in the future.
