Michigan legalized recreational marijuana in December 2018. Since then, marijuana laws in Michigan have allowed residents over 21 to possess, purchase, and consume marijuana. Nevertheless, more than 600 communities have banned adult-use marijuana businesses.
While Marijuana laws list it as a Schedule I controlled substance, there are no penalties in Michigan for possession of marijuana for personal use. Under the new law, adults over 21 years of age may possess up to 2.5 oz. of marijuana for personal use, or up to 10 oz. in the home.
Possession of more than 2.5 oz. is a civil infraction punishable by a $500 fine for a first-infraction. Possession of more than 5 oz. of marijuana is a misdemeanor, punishable by a fine of $500 for a first offense, but there is no term of imprisonment unless violence was involved or the possession was “habitual willful and for a commercial purpose.”
Adults who possess more than 2.5 oz of marijuana in the home must store it in a secure container.
It is illegal to possess marijuana within 1,000 feet of a park and is punishable by up to 2 years in prison and a maximum fine of up to $2,000.
Adults may cultivate up to 12 marijuana plants at their residence for personal use, but may not grow plants that are “visible from a public place” or outside of a secure area. Violation of this provision is a civil offense with a fine of up to $100 and forfeiture of the marijuana.
Cultivation of more than 12 plants and less than 24 plants is a civil infraction with no jail time and a fine of up to $500.
Cultivation of 25 to 500 plants is a felony punishable by up to 7 years in prison and fine of up to $500,000.
There is no penalty for buying or using marijuana paraphernalia, and there is no penalty for selling paraphernalia to another adult.
In Ann Arbor, being caught with marijuana will result in a $25 fine for the first offense, $50 fine for the second offense, and $100 for the third offense. Marijuana has not been decriminalized on the University of Michigan campus.
Recreational marijuana sales were intended to mimic the medicinal marijuana market, but with fewer hurdles to starting a business, and more opportunities for social consumption.
Recreational marijuana businesses are intended to be easier to start than medicinal marijuana businesses, as regulators eliminated the need for recreational business applicants to show that they have funds to finance their enterprise.
To purchase marijuana, adults must present a valid state ID or driver’s license.
Marijuana sold in Michigan must pass a state-wide monitoring system. Edibles such as gummies and baked goods can have up to 10 milligrams per serving and 100 milligrams per container. Capsules and tinctures can have up to 10 milligrams per serving and 200 milligrams per container. Other products can have up to 10 milligrams per serving and 100 milligrams per container.
It is legal to sell medicinal and recreational marijuana in the same store. The products need to be separated, but the stores can use the same entrance and point-of-sale systems.
Industry experts anticipate special events and festivals for recreational marijuana consumption, as well as social smoking lounges and clubs; however, it will not be legal to sell alcohol or food in these establishments. Adult-users will soon be able to order home delivery, much the same way medicinal users currently can.
Even though marijuana has been decriminalized in Michigan, it is still illegal to drive under the influence of a controlled substance, including marijuana. These laws make it illegal to drive a vehicle with a detectable level of a controlled substance or drug metabolite, even if the compounds are not necessarily psychoactive themselves.
Even though Michigan has decriminalized marijuana, it remains illegal in other states and at the federal level. Currently, only ten other states have decriminalized marijuana for recreational use, including Alaska, California, Colorado, Maine, Massachusetts, Oregon, Nevada, Vermont, and Washington, as well as the District of Columbia.
Despite the laws in Michigan that has decriminalized marijuana, it is still illegal at the federal level, you can still be charged with a drug crime for possessing large amounts of marijuana or possessing marijuana for sale or distribution, and you can be charged with a DUI / OVI if you drive while under the influence of marijuana.
If you or someone you care about has been charged with a drug crime in Michigan, I’m here to help. Learn more about me, read reviews from former clients, and get answers to Frequently Answered Questions, then contact Elmen Legal today by calling (734) 707-8915, emailing robert@elmenlegal.com, or complete my online form.
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