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Wayne State On Marijuana Legalization : TO: Faculty, Staff and Students FROM: Louis Lessem, Vice President and General Counsel SUBJECT: Proposal 18-1, Recreational Marijuana DATE: November 13, 2018 As you know, the voters of the State of Michigan recently voted for Proposal 18-1, and made Michigan the first Midwestern state to legalize the use of recreational marijuana. While the proposal changes State law, it has no affect at all on Federal law. Marijuana remains unlawful and its use, possession, or sale is still a crime under Federal law. On November 8, the United States Attorneys in Michigan issued a statement that they ‘will continue to approach “the investigation and prosecution of marijuana crimes” as they do other Federal crimes. Wayne State University complies with both Federal law and State law, and like other Michigan educational institutions, Wayne State remains bound by the commitments that have been made to the Federal government. We have established a working group to review Proposal 18-1 for its day to day impact – in the interim, Wayne State has not changed University policies regarding the use or possession of marijuana. The Student Code of Conduct, Section 4.8, and Board of Governors policy WSUCA, 2.20.04, continue to prohibit the unlawful possession, use, distribution sales, or manufacture or drugs or alcohol on university premises and university worksites. Because the law will affect our campus community both on and off campus, it’s important to know what the change in law does and does not do. These are some of the main points: After the law takes effect, likely in December, it will no longer be a crime under Michigan law for someone 21 years of age or older to use and possess up to 2.5 ounces of marijuana to cultivate up to 12 marijuana plants in his or her private residence; or to have up to 10 ounces in a locked container in his or her private residence. These same activities still will violate Federal law. It will not be legal to: a) publicly consume marijuana, b) drive under the influence of marijuana, or c) provide marijuana to anyone under 21. The law does not prevent an employer from disciplining an employee for violating a workplace drug policy or for working under the influence. A landlord may bar marijuana growing and smoking from its property. Thank you for your attention. - Full Article

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