All 3 Bill Signed By The Gov

[beourbud]

Caregivers should have unlimited patients.

Patients should have unlimited caregivers.

Right On

[blackhorse]

This is in 4209:

 

PART 6. TAXES AND FEES
Sec. 601. (1) A tax is imposed on each provisioning center at the rate of 3% of the provisioning center’s gross retail receipts. By 30 days after the end of the calendar quarter, a provisioning center shall remit the tax for the preceding calendar quarter to the department of treasury accompanied by a form prescribed by the department of treasury that shows the gross quarterly retail income of the provisioning center and the amount of tax due, and shall submit a copy of the form to the department. If a law authorizing the recreational or nonmedical use of marihuana in this state is enacted, this section does not apply beginning 90 days after the effective date of that law.

 

So, is this saying that if recreational or nonmedical use of marihuana is enacted, the 3% tax is no longer collected?

[bobandtorey]

IMHO the tax will stay once the State starts getting money it won't stop $$$$

 

Is how they look at it

[blackhorse]

Reason I asked the question is if a township allows a grow operation, they are to get part of the 3% tax. Then by Sec. 601, if recreational or nonmedical is approved then this section does not apply.

 

Confusing to me.

[bax]

This is in 4209:

 

PART 6. TAXES AND FEES

Sec. 601. (1) A tax is imposed on each provisioning center at the rate of 3% of the provisioning center’s gross retail receipts. By 30 days after the end of the calendar quarter, a provisioning center shall remit the tax for the preceding calendar quarter to the department of treasury accompanied by a form prescribed by the department of treasury that shows the gross quarterly retail income of the provisioning center and the amount of tax due, and shall submit a copy of the form to the department. If a law authorizing the recreational or nonmedical use of marihuana in this state is enacted, this section does not apply beginning 90 days after the effective date of that law.

 

So, is this saying that if recreational or nonmedical use of marihuana is enacted, the 3% tax is no longer collected?

looks like it. 4209 only requires 51% to change so they can change it quickly.

[+Malamute]

The tax issue was actually a heavy debate.  This was the compromise basically.  Ok, small tax now,... when market opens to everyone, we do not tax patients(directly) except for fee's(taxes) and front end taxes and fees on producers and wholesalers.

[blackhorse]

The tax issue was actually a heavy debate.  This was the compromise basically.  Ok, small tax now,... when market opens to everyone, we do not tax patients(directly) except for fee's(taxes) and front end taxes and fees on producers and wholesalers.

 

Since 4209's approval, townships are looking to change their zoning to include producers. This will create revenue for the township, but if the 3% tax stops after legalization where is advantage for allowing the grows?

 

With legalization a tax could be included to replace this lost money for townships, but no guarantees.

 

Or am I reading too much into this?

[Restorium2]

Since 4209's approval, townships are looking to change their zoning to include producers. This will create revenue for the township, but if the 3% tax stops after legalization where is advantage for allowing the grows?

 

With legalization a tax could be included to replace this lost money for townships, but no guarantees.

 

Or am I reading too much into this?

They just make it the way they want it if any legalization ever comes along. The only gaurantee is the intent of our law makers as a whole. 

[+Malamute]

I am sure the recreational sales tax will be higher. at least 6% obviously, plus any backside fees, regulatory assessments, fines and excise taxes.  The rec. market will likely be 90% of the total market, so the 3% lost on the front side for patients only will be minimal. It will be encouragement to localities to allow their retail stores to shift into recreational.

[Restorium2]

How serious do we have to take these 'township zonings' of grows? It seems to me they shouldn't have any say if you are State legal to begin with.

 

And further;

 

if the 3% tax stops after legalization where is advantage for allowing the grows?

 

Is pandering to them, ignoring the basic right to grow anywhere you want to legally per the MMMA, going to help or hurt the ability to produce unfettered?

[Restorium2]

Caregivers, servicing their 5 patients, can still grow anonymously anywhere they want to and disregard any township ordinance? Just mind your own business, follow the State law, and continue to grow ignoring the ordinances?

[bax]

ter beek v wyoming as decided by the mich supreme court:

 http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/13-14-Term-Opinions/145816%20Opinion.pdf

 

A direct conflict exists when “the ordinance permits what the statute

prohibits or the ordinance prohibits what the statute permits.” Id. at 322 n 4. Here, the

Ordinance directly conflicts with the MMMA by permitting what the MMMA expressly

prohibits—the imposition of a “penalty in any manner” on a registered qualifying patient

whose medical use of marijuana falls within the scope of § 4(a)’s immunity.

 

The scope of § 4(a)’s immunity, however, is not

similarly circumscribed; in prohibiting certain individuals from being “subject to . . .

penalty in any manner,” § 4(a) draws no distinction between state and local laws or

penalties.

 

The Ordinance directly conflicts with the MMMA not because it generally pertains to

marijuana, but because it permits registered qualifying patients, such as Ter Beek, to be

penalized by the City for engaging in MMMA-compliant medical marijuana use. Section

4(a) of the MMMA expressly prohibits this. As such, the MMMA preempts the

Ordinance to the extent of this conflict.

any local ordinance cannot impose any penalty, fine, civil infraction, misdemeanor or felony for the compliant section 4 mmma registered patient or caregiver.

 

 

all of these ordinances stem from the 9th footnote at the end of the mich supreme court opinion

 

 

9 Contrary to the City’s concern, this outcome does not “create a situation in the State of

Michigan where a person, caregiver or a group of caregivers would be able to operate

with no local regulation of their cultivation and distribution of marijuana.” Ter Beek

does not argue, and we do not hold, that the MMMA forecloses all local regulation of

marijuana; nor does this case require us to reach whether and to what extent the MMMA

might occupy the field of medical marijuana regulation.

which is one of the marital aid republican judges saying that this opinion does not block all ordinances, just the ones which conflict with the MMMA.

 

they could have worded the footnote better by saying local cities could adopt penalties for mmma violations. but they didnt, because the mich supreme court justices are cunts. (yay, cunts , i found a new unblocked word today.)

 

i am no lawyer do not take this as legal advice.

Edited November 16, 2016 by bax

[blackhorse]

I was referring to 4209 and the 1500 plant grows. The townships have to approve before they are allowed a license.

 

Not talking about the caregiver or patient grows.

[Restorium2]

With the timing of this it seems like the two issues are, or could be, related;

 

Lansing may require some marijuana growers to register with the city

http://michiganradio.org/post/lansing-may-require-some-marijuana-growers-register-city

Edited November 16, 2016 by Restorium2

[blackhorse]

I need to check electric bills to see how much electricity is being used. Sounds like the average grower will not be affected. (in Lansing)

 

We still should not have to call for inspections. Overkill in my opinion.

[blackhorse]

Just checked bill and most is 1400 kwh for 2 - 600 watt, 3 - 6 bulb T8, fans, air conditioner, etc.

 

But then, I am a small time grower.

[Restorium2]

Just checked bill and most is 1400 kwh for 2 - 600 watt, 3 - 6 bulb T8, fans, air conditioner, etc.

 

But then, I am a small time grower.

One thousand watt bulb uses 1 KW an hour. 12 hours a day on flower. 30 days a month. 360 KW.  Most people use 300 - 500 a month normally. So you would need to run a dozen 1000 lights to hit the 5000 mark.

 

Even though it's not going to effect most growers the idea behind it is really bad. 

[Highlander]

My mom lives east of Lansing in Meridian Twp. She likes to keep her bathroom warm so she uses a 1500 watt electric heater in the bathroom. So maybe the government officials should start investigating old ladies who use electric heaters.