Michigan Marijuana Laws

Did you know that Michigan is one of the only states to have separate laws for the possession of and use of marijuana?  Residents of The Great Lakes State should become familiar with paraphernalia laws so they can avoid fines and possible jail time.

Michigan Marijuana Attorneys

The following Michigan lawyers are actively involved in the practice of cannabis law:

Michigan_rudoilaw

LAW BREAKDOWN

Marijuana is legal in Michigan, but only for medical use. Patients are allowed to grow for themselves and in some cases may use caregivers, but there are no large collectives or retail cannabis stores. Any other possession, sale, or cultivation is illegal. Unusually, Michigan also explicitly prohibits use of the drug. Penalties are relatively harsh, and include a six-month driver’s license suspension on any conviction.

Possession

Possessing any amount marijuana is a misdemeanor in Michigan, punishable by up to one year in jail and $2,000 in fines. Possession in a park or other restricted area is either a misdemeanor or felony and carries a maximum sentence of two years in prison and $2,000 in fines.

Use of cannabis is also prohibited and is treated as a misdemeanor. Users who test positive for the drug face a maximum term of 90 days in jail, plus a top $100 fine.

Sale

It is a misdemeanor to gift small amounts of marijuana if nothing else of value changes hands, and the top penalty is one year in jail and $1,000 in fines. Sale of less than 5 kilograms is a felony and carries a top penalty of 4 years in prison and $20,000 in fines.

Sale of between 5 and 45 kilograms, meanwhile, comes with a maximum penalty of seven years in prison and a fine of $500,000. If the weight is 45 kilograms or more, the top prison term is 15 years while the top fine is a massive $10 million.

Cultivation

It is a felony to grow marijuana plants for non-medical purposes in Michigan. Growing fewer than 20 plants is punishable by up to four years in prison and $20,000. Cultivating between 20 and 200 plants carries a maximum penalty of seven years in prison and $500,000 in fines. And cultivation of 200 or more plants is punished by up to 15 years in prison and $10 million in fines.

Hash and Concentrates

Cannabis concentrates, including hashish, are treated the same as marijuana flower under Michigan statutes. This means there are no extra penalties and the same weight limits apply.

Paraphernalia

Cannabis paraphernalia is also illegal in Michigan. Paraphernalia includes any items intended for use with the growing, harvesting, analysis, testing, enhancing, storage, or use of marijuana.

Sale and distribution. Sale of drug paraphernalia is a misdemeanor and comes with a top penalty of 90 days in jail plus $5,000 in fines.

Sale to a minor. Penalties increase when delivering drug paraphernalia to a minor. A person aged 18 or over who distributes paraphernalia to a person less than 18 years of age is also guilty of a misdemeanor. However, penalties can be up to one year in jail, a fine of no more than $7,500, or both.

Local Laws

Roughly a dozen Michigan municipalities have decriminalized marijuana under local ordinance. In these cities, which include Ann Arbor and Lansing, simple possession is treated as a minor civil infraction and is punishable only by a small fine.

MEDICAL MARIJUANA

Michigan allows qualifying patients to use marijuana to treat a list of medical conditions.

Qualifying conditions – Alzheimer’s disease, Amyotrophic lateral sclerosis, Cachexia/wasting syndrome, Cancer, Chronic pain, Crohn’s disease, Glaucoma, HIV/AIDS, Hepatitis C, Nail-patella syndrome, Nausea, Post-traumatic stress disorder (PTSD), Seizures, Severe and persistent muscle spasms

Patient possession limits – Two and a half ounces of usable marijuana

Home cultivation – Yes. No more than 12 marijuana plants are allowed in an enclosed, locked facility. Outdoor plants are allowed, and must not be “visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure” and must be “grown within a stationary structure that is enclosed on all sides except the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached or affixed to the ground, located on land that is owned, leased or rented” by the registered grower and restricted to that grower’s access.

State-licensed dispensaries – No

Caregivers – Yes. A primary caregiver is a person who is designated to assist a qualifying patient with the medicinal use of marijuana. Caregivers must be aged 21 or older and must never have been convicted of a drug-related felony, any felony within the last ten years, or any violent felony ever. Each patient is only permitted to have one caregiver, and caregivers are permitted to assist up to five patients at one time.

Reciprocity – Yes. Any other state, district, territory, commonwealth or insular possession of the U.S. must also offer reciprocity to have reciprocity in Michigan.

Contact information

Michigan Medical Marihuana Program (MMMP)
Michigan.gov/mmp

Michigan Medical Marijuana Association
http://michiganmedicalmarijuana.org/

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Any amount Misdemeanor 1 year $ 2,000
In a park Misdemeanor or Felony 2 years $ 2,000
Use of marijuana Misdemeanor 90 days $ 100

Sale

Sale without remuneration Misdemeanor 1 year $ 1,000
Less than 5 kg Felony 4 years $ 20,000
5 – less than 45 kg Felony 7 years $ 500,000
45 kg or more Felony 15 years $ 10,000,000

Cultivation

Less than 20 plants Felony 4 years $ 20,000
20 – less than 200 plants Felony 7 years $ 500,000
200 plants or more Felony 15 years $ 10,000,000

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Sale of paraphernalia Misdemeanor 90 days $ 5,000

Miscellaneous

In Ann Arbor N/A N/A $ 100
Any conviction will result in a driver’s license suspension for 6 months.