By now I’m sure you have heard all about the new Marijuana law that was passed, so what does this mean for you as a business owner and policy holder?
Well let’s start with the definition – according to the Michigan Regulation and Taxation of Marihuana Act; “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. “ *
OK, so what exactly does this mean? I broke down a couple sections in regards to operating vehicles, residential property as well as regarding employers. You may find full explanation of this law at legislature.mi.gov.
First of all, 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;*
I think that one is a given… but you know, full disclosure…
(d)Separation of plant resin by butane extraction or another method that utilizes a substance with a flash point below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure;*
You can’t separate the plant in any public place, motor vehicle, or within the curtilage of any residential structure.
(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;*
(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.*
- 1. (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;*
If you are a business owner:
- 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.*
Do you have a lot of “what if’s” going through your head? Check out the state website and google for yourself so you know exactly what the rules are. There are so many different scenarios and such that each answer regarding claims is usually a case by case basis.
If you do have a certain scenario or have a specific question regarding your business or home policy and this new marijuana law, please reach out to your insurance agent or attorney. Please note that I am not an attorney and am writing this post because we have been receiving a lot of questions concerning this new law that has passed.
If you are looking for an agency to assist you through setting up your business insurance portfolio we would be happy to help! Please contact Ron at RJaeck@millerschuring.com or call 269-381-9442.