Michigan Marijuana Laws: Is Marijuana Legal in Michigan?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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Possession of adult-use marijuana is now legal in Michigan and is no longer contingent on whether or not you have a debilitating medical condition. Recreational cannabis products can be purchased by adults 21-years and older. Adult recreational users can possess up to 2.5 ounces at any given time.

However, marijuana is still illegal under federal law, regardless of medical need. Thus, even if the state of Michigan does not arrest, prosecute, or convict people for possessing medicinal marijuana, the federal legal system still has the authority to do so. Michigan statutes use the spellings “marijuana” and “marihuana” interchangeably.

What are the penalties for the possession of marijuana in Michigan?

If you are arrested for possession of more than 2.5 ounces of cannabis in Michigan and do not have a debilitating medical condition, the penalties you face will depend on your intent in possessing the marijuana. Marijuana penalties in the state of Michigan can include incarceration and fines depending on the violation.

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Where is the consumption of marijuana legal in Michigan?

You can only consume recreational marijuana on private property. Since marijuana for adult use is still illegal on the federal level, you can be charged with a felony if you possess or consume it on federal land. However, if you consume marijuana in public, you’ll only face a small fine and possibly a misdemeanor charge.

How many cannabis plants is it legal to own or cultivate on private property?

In Michigan, you can own and grow up to 12 cannabis plants and any given time on your own private property. It is illegal to grow marijuana plants on federal or public property.

How many ounces of marijuana can I possess?

Michigan state law allows for its citizens a possession limit of up to 2.5 ounces of cannabis on their person while in public and up to ten ounces on private property. Therefore, the purchase limit is no more than 2.5 ounces per recreational sale. However, each municipality can choose to make marijuana illegal, so it’s a good idea to find out the laws in your area.

Below is a breakdown of the limits regarding the possession of recreational cannabis:

  • Up to 2.5 ounces away from home
  • Up to 10 ounces at home (and any marijuana produced by the plants cultivated on the premises).
  • No more than 15 grams of cannabis concentrates
  • Up to 12 cannabis plants

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Is the private selling of marijuana illegal in Michigan?

It does not take being caught in the act of selling marijuana and marijuana products to be charged with attempted distribution of marijuana. Just possessing a large amount of marijuana and affiliated paraphernalia such as measuring equipment or baggies can be enough evidence to support a charge of attempted distribution. The Michigan Marijuana Penalties Table below highlights the different levels of penalties for acts related to the illegal possession, cultivation, and distribution of marijuana under Michigan law. There are also separate penalties for marijuana possession under federal law. Specific penalties in your case will vary depending on your particular circumstances. (Michigan Public Health Code Section 333.74).

Laws around the medical marijuana industry constantly change. If you have questions about the cannabis industry, consult an experienced Michigan marijuana lawyer or Michigan criminal attorneys to find out more.

Michigan Marijuana Penalties Table

Activity Amount Incarceration (max) Fine (max) Charge
Use Any 90 days $100 Misdemeanor
Possession Any 1 year $2,000
Gifting Any 1 year $1,000
Sale* or Cultivation Under 5 kg or 20 plants 2 years $2,000 Felony
5 kg up to 45 kg or 20 plants up to 200 plants 4 years $20,000
At least 45 kg or 200 plants 15 years $10 million

*Maximum penalties are doubled within 1,000 feet of a school or library.

There was a study conducted where the results showed that there was an increased risk of danger for drivers who used alcohol and drugs not related to cannabis.

How can I apply for a medical marijuana card?

  • Provide a statement from your doctor
  • A valid form of ID (Michigan, or out of state)
  • Medical marijuana program (completed application)

A doctor with the Cannabis Counsel can recommend cards and medical dispensaries to medical marijuana patients.

Sale of Marijuana

In 2017, medical cannabis sales neared $9 billion. As such, laws were changing that allowed an adult to possess a certain amount of ounces of marijuana.

In 2020, a new record for recreational marijuana sales was up 482% compared to the previous year. The recreational market did extremely well thanks to the various coronavirus lockdowns.

The legislature was unsure about taking up the issue of the legalization of marijuana; however, on the ballot, in 2018, was legal weed. Michigan was the first Midwest state linked to marijuana legalization, specifically recreational marijuana via a ballot initiative.

Follow this link for more information about Michigan Marijuana Laws and Michigan Medical Marijuana Laws

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