Michigan Laws and Penalties
Possession for Personal Use
Sale or Distribution
Hash & Concentrates
Under Michigan law marijuana is listed as a Schedule I controlled substance.
An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be marijuana concentrate.
Within a residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana cultivated on the premises.
An adult who possesses more than 2.5 ounces of marijuana within a residence must store the excess amount in a secure container. Possession of more than 2.5 ounces of marijuana and up to 5.0 ounces of marijuana is a civil infraction punishable by a maximum fine of $500 and forfeiture of the marijuana for a first offense.
Possession of more than 5.0 ounces of marijuana is a misdemeanor. No term of imprisonment will be imposed unless the possession involved violence or was “habitual, willful and for a commercial purpose.”
Possession in or within 1,000 feet of a park is either a felony or a misdemeanor, based on the judge’s discretion, and is punishable by a maximum of 2 years imprisonment and a maximum fine of $2,000.
- Michigan Code Section 333.7212 Web Search
- Michigan Code Section 333.27955, Sec. 5.1 (a) Web Search
- Michigan Code Section 333.27955, No. 1, Sec. 5.1 (b) Web Search
- Michigan Code Section 333.2754, No. 1, Sec. 4.1 (i) Web Search
- Michigan Code Section 333.27965, Sec 15.2(a) Web Search
- Michigan Code Section 333.27955, No. 1, Sec 15.4 Web Search
- Michigan Code Section 333.7410a Web Search
- Michigan Code Section 333.7411 Web Search
Sale or Distribution
An adult may transfer up to 2.5 ounces of marijuana to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public. Distribution of less than 5 ounces without remuneration is a civil infraction with no incarceration possible and a maximum $500 fine.
The sale of less than 5 kilograms is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.
The sale of 5 kilograms – 45 kilograms is a felony, which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.
The sale of 45 kilograms or more is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.
- Michigan Code Section 333.27955, Sec. 5.1 (d) Web Search
- Michigan Code Section 333.7401(2)(d) Web Search
- Michigan Code Section 333.7410 Web Search
An adult may grow up to 12 marijuana plants at the adult’s residence for personal use.
An adult may not grow marijuana plants “if the plants are visible from a public place” or if the plants are growing outside of a secure area. A violation of this section is punishable as a civil offense with a fine not to exceed $100 and forfeiture of the marijuana.
The cultivation of up to 24 plants for personal use is a civil infraction with no incarceration and maximum $500 fine.
The cultivation of 25 – 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”
The cultivation of more than 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”
- Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
- Michigan Code Section 333.27954, Sec. 4.1 (f) Web Search
- Michigan Code Section 333.27965, Sec. 15.1 Web Search
- Michigan Code Section 333.7401 Web Search
Hash & Concentrates
In Michigan, marijuana and hashish are punished in the same manner. The statutory definition of “marihuana” includes “all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.” Hashish, hashish oil, and extracts clearly fall under this definition. Please see the marijuana penalties section for further details on Michigan’s criminal sanction on cannabis.
An adult may possess up to 15 grams of marijuana concentrate.
An adult may transfer up to 15 grams of marijuana concentrate to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public.
- Michigan Code § 333.7106 Web Search
- People v. Campbell, 72 Mich App. 411 249 N.W.2d 870 (1977). Web Search
- Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
- Michigan Code Section 333.27955, Sec. 5.1(b) Web Search
An adult may buy and use marijuana paraphernalia and may sell marijuana paraphernalia to another adult..
- Michigan Code Section 333.27955, Sec. 5.2 Web Search
Any conviction will result in a driver’s license suspension for 6 months.
- Michigan Code § 257.319e Web Search
In Ann Arbor, the penalty for being caught with marijuana is a $25 fine for the first offense, $50 for the second, and $100 for the third offense. Marijuana is not decriminalized on the University of Michigan’s campus.
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have their record expunged.
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
Michigan Laws and Penalties Possession for Personal Use Sale or Distribution Cultivation Hash & Concentrates Paraphernalia Miscellaneous Penalty Details Possession Under
Growing marijuana in Michigan: Here’s what to know about the law
You can grow up to 12 plants indoors
Dave Bartkowiak Jr., Digital Managing Editor
DETROIT – As of Dec. 6, 2018 it is legal to grow your own marijuana in the state of Michigan.
According to the new Michigan law, a person who is at least 21 years old is allowed no more than 2.5 ounces of marijuana within his or her place of residence unless any excess marijuana is stored in a container or area equipped with locks “or other functioning security devices that restrict access to the contents of the container or area.”
That’s how the law reads.
Of course, while growing and using is legal, law enforcement officials are reminding residents that marijuana will be treated like alcohol: You can’t drive while under the influence, and using it openly in public can get you arrested.
But how much can you grow and where can you grow it?
Legal adults in Michigan are allowed to grow up to 12 marijuana plants inside their residence. That’s according to the proposal language that was approved.
According to the new law, individuals are not allowed to grow marijuana:
- if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids;
- or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area.
That means you’re going to want to be growing indoors, or outside in a shed or grow house. Keep in mind this is Michigan — the weather changes rapidly.
Meanwhile, medical marijuana caregivers in Michigan are still allowed up to five patients registered to him or her and can grow up to 12 plants for each of them. If the caregiver is also a patient and has five patients, he or she can grow up to 72 marijuana plants. Medical marijuana growers will emphasize the importance of having enough plants to serve a patient, or multiple patients, adequately with the correct strains at the correct times. This is where it can get complicated. Moreover, if you ever hear a grower use the term “cloning,” then you know they’ve been through the process extensively.
Michigan is first in Midwest
Michigan is the first state in the Midwest to legalize recreational marijuana. Here are the other states where recreational marijuana is legal and when it was made legal:
- Alaska (2014)
- California (2018)
- Colorado (2012)
- Maine (2016)
- Massachusetts (2016)
- Nevada (2016)
- Oregon (2015)
- Vermont (2018)
- Washington (2012)
- *District of Columbia (legal, but not for commercial sales — 2014)
Growing marijuana in Michigan compared to other states
Michigan is one of only two states, the other being Alaska, where households are allowed to grow 12 marijuana plants. Most of those states listed above allow only six plants per household.
In Alaska, households are allowed to grow 12 plants if at least two adults (21 and older) live in the household. In Michigan, any household with at least one adult 21 and older is allowed to grow 12 plants.
That makes Michigan’s household marijuana cultivation law the least strict out of all of the states.
State issues marijuana sales licenses
The state’s Department of Licensing and Regulatory Affairs (LARA) needs to issue the appropriate licenses for anyone who wants to start a recreational marijuana business.
Here are the license types that are offered:
- Marijuana retailer
- Marijuana safety compliance facility
- Marijuana secure transporter
- Marijuana processor
- Marijuana microbusiness
- Class A marijuana grower authorizing cultivation of not more than 100 marijuana plants
- Class B marijuana grower authorizing cultivation of not more than 500 marijuana plants
- Class C marijuana grower authorizing cultivation of not more than 2,000 marijuana plants
If you’re looking to grow some plants at your house for you, then you’re looking for the Class A license.
By the way . here’s why you may see the state spell marijuana as ‘marihuana’
LARA offers the following explanation for why you may see the department refer to marijuana as “marihuana,” substituting the “j” for an “h”:
The spelling of marijuana has a long history in the United States. Michigan’s history primarily starts from the spelling that was chosen for the Marihuana Tax Act of 1937. Michigan adopted its statutory definition of marijuana in the Public Health Code, utilizing the then current federal spelling, marihuana.
As governing state laws spell marihuana with an “h,” BMR legal communication and references to statutes in relation to the Michigan Medical Marihuana Act or the Michigan Medical Facilities Licensing Act or the Michigan Regulation and Taxation of Marihuana Act – and the corresponding administrative rules will use an “h” in the spelling of Marihuana. In non-formal communication, “j” will generally be used.
An act of the Michigan Legislature would be required in order to change the spelling of marijuana in the Michigan statutes, such as the Public Health Code or the newer marijuana laws.
For more coverage of marijuana in Michigan, go here.
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As of Dec. 6, 2018 it is legal to grow your own marijuana in the state of Michigan.