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Saturday, March 23, 2019
Home Marijuana Laws by State Michigan Marijuana Laws

Michigan Marijuana Laws

Use and possession of marijuana is legal in Michigan for both medical and recreational purposes. Possession limits are relatively high, home cultivation is permitted, and marijuana will be available from licensed dispensaries across the state.

Michigan Marijuana Attorneys

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

LAW BREAKDOWN

Marijuana is legal in Michigan for both medical and recreational use. Adults are permitted to cultivate their own cannabis at home, and will be able to purchase it from licensed dispensaries across the state.

Possession

It is legal for adults to possess up to 2.5 ounces of marijuana in public in Michigan, with no more than 15 grams being cannabis concentrate. Michiganders are also permitted to possess the harvest of plants cultivated at home.

Possession limits are a little different when at one’s own residence. Residents are allowed to possess up to 10 ounces at home, with amounts larger than 2.5 ounces being required to be kept inside locked containers.

There are penalties for possession of amounts exceeding these limits.

Sale

Adults in Michigan are permitted to transfer up to 2.5 ounces of marijuana to another adult, as long as nothing else of value changes hands and the transfer is not advertised to the public.

Selling any amount of marijuana is a felony. The sale of less than five kilograms is punishable by up to four years in prison and a maximum fine of $20,000.

Sale of between five 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 legal to cultivate marijuana in Michigan, up to a maximum of 12 plants per person. Those cultivating are also permitted to possess the harvest from those plants. Growing marijuana is not permitted “if the plants are visible from a public place”, or if they are not in a secure location. Violating this section is a civil offense punishable by a fine not exceeding $100, plus forfeiture of the marijuana.

Growing between 12 and 20 plants is a felony punishable by up to four years in prison and a potential fine of $20,000.

If the amount cultivated is between 20 and 200 plants, the maximum penalty is seven years imprisonment and up to $500,000 in fines.

Cultivation of 200 or more plants is punished by up to 15 years in prison and $10 million in fines.

Hash and Concentrates

It is legal to possess up to 15 grams of marijuana concentrate in Michigan.  Adults are also permitted to transfer up to 15 grams of concentrates to another adult, as long as the transaction is not advertised to the public and there is no remuneration.

Paraphernalia

It is legal for adults in Michigan to buy and use paraphernalia, and to sell paraphernalia to another adult.

MEDICAL MARIJUANA

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

Qualifying conditions

  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis
  • Arthritis
  • Austism
  • Cachexia or wasting syndrome
  • Cancer
  • Colitis
  • Chronic pain
  • Crohn’s disease
  • Glaucoma
  • HIV or AIDS
  • Inflammatory Bowel Disease
  • Hepatitis C
  • Nail patella
  • Nausea
  • Obsessive compulsive disorder (OCD)
  • Parkinson’s
  • Post-traumatic stress disorder (PTSD)
  • Rheumatoid arthritis
  • Seizures
  • Severe and persistent muscle spasms
  • Spinal cord injury
  • Tourette’s syndrome
  • Ulcerative colitis

Patient possession limits – 2.5 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 – Yes. Regulators are establishing rules governing the licensing of dispensaries in the state.

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.

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession for Personal Use

Up to 2.5 oz No Penalty None $ 0
Up to 10 oz in the home No Penalty None $ 0
More than 2.5 oz up to 5 oz (first offense) No Penalty None $ 500
More than 5 oz (first offense) Misdemeanor None $ 500

Sale or Distribution

Less than 2.5 oz without remuneration No Penalty None $ 0
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 12 plants for personal use No Penalty None $ 0
12 – 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.
Possession of up to 15 g No Penalty None $ 0
Distribution of up to 15 g without remuneration No Penalty None $ 0

Paraphernalia

Sale of paraphernalia No Penalty None $ 0

Miscellaneous

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