HB 5107 — Marihuana: penalties and remedies; marihuana for personal use and possession; modify allowable amounts of. Amends secs. 5 & 15 of 2018 IL 1 (MCL 333.27955 & 333.27965). TIE BAR WITH: HB 5105'25

SUBSTITUTE FOR HOUSE BILL NO.

5107 OctoberA 22,bill 2025,to Introducedamend 2018 IL 1, entitled "Michigan Regulation and Taxation of Marihuana Act," by Reps.amending sections 5 and 15 (MCL 333.27955 and 333.27965).

Hoadley, Aragona, Borton, Fairbairn, Wozniak and Neyer and referred to Committee on Regulatory Reform.

A bill to amend 2018 IL 1, entitled "Michigan Regulation and Taxation of Marihuana Act," by amending sections 5 and 15 (MCL 333.27955 and 333.27965).

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 who is 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, BJH H04433'25_HB5107_INTR_1 5gs2c4 1 and are not grounds to deny any other right or privilege:

(a) except as permitted by Subject to subdivision (b), possessing, using or consuming, internally possessing, purchasing, BJH H04433'25 (H-1) jhk5d3 1 transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of the marihuana may be in the form of marihuana concentrate.

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 BJH H04433'25_HB5107_INTR_1 5gs2c4 1 person who is 21 years of age or older and the distribution or sale of marihuana accessories to a person who is 21 years of age or older is authorized, is not unlawful, is not an offense, is not BJH H04433'25 (H-1) jhk5d3 1 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.

Except for a person who engaged in conduct described in BJH H04433'25_HB5107_INTR_1 5gs2c4 1 section 4, a person who possesses not more than twice 2 times the amount of marihuana allowed by section 5, cultivates not more than twice 2 times the amount of marihuana allowed by section 5, BJH H04433'25 (H-1) jhk5d3 1 delivers without receiving any remuneration to a person who is at least 21 years of age or older not more than twice 2 times the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice 2 times the amount of marihuana allowed by section 5, may be punished as follows:

or (B) (2) if If the person is at least 18 years of age or older, BJH H04433'25_HB5107_INTR_1 5gs2c4 1 by a fine of not more than $100 $100.00 and forfeiture of the marihuana.

(ii) (b) for For a second violation, the person is responsible BJH H04433'25 (H-1) jhk5d3 1 for a civil infraction and may be punished as follows:

Except for a person who engaged in conduct described in section 4, a person who possesses more than twice 2 times or more of the amount of marihuana allowed by section 5 but less than 1017.5 kilograms of marihuana or less than 11.75 kilogramkilograms of marihuana concentrate, cultivates more than twice 2 times or more of the amount of marihuana allowed by section 5 but fewer than 5035 marihuana plants, or delivers without receiving any remuneration to a person who is at least 21 years of age or older more than twice or older 2 times or more of the amount of marihuana allowed by section 5, shall be is responsible for is guilty of a misdemeanor , but shall is not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.violence.punishable by 1 or both of the following:

(i) Imprisonment for not more than 93 days if either of the following conditions is met:

(A) The person was convicted of a violation of this subdivision, subdivision (e), or section 7401 of the public health code, 1978 PA 368, MCL 333.7401, during the 7-year period immediately preceding the date of the violation.

(B) The person has been convicted of 2 or more violations of any combination of this subdivision, subdivision (e), or section BJH H04433'25 (H-1) jhk5d3 1 7401 of the public health code, 1978 PA 368, MCL 333.7401.

(ii) A fine of not more than $10,000.00.

(e) Except for a person who engaged in conduct described in section 4, a person who possesses 17.5 kilograms or more but 25 kilograms or less of marihuana, possesses 1.75 kilograms or more but 2.5 kilograms or less of marihuana concentrate, or cultivates 35 or more but 50 or fewer marihuana plants is guilty of a misdemeanor punishable by 1 or both of the following:

(i) Imprisonment for not more than 180 days if either of the following conditions is met:

(A) The person was convicted of a violation of this subdivision, subdivision (d), or section 7401 of the public health code, 1978 PA 368, MCL 333.7401, during the 7-year period immediately preceding the date of the violation.

(B) The person has been convicted of 2 or more violations of any combination of this subdivision, subdivision (d), or section 7401 of the public health code, 1978 PA 368, MCL 333.7401.

(ii) A fine of not more than $20,000.00.

5105 (requestof no.the 103rd Legislature is enacted into law.

H04432'25)Final ofPage theBJH 103rdH04433'25 Legislature(H-1) isjhk5d3 enacted into law.

Final Page BJH H04433'25_HB5107_INTR_1 5gs2c4