Ever-changing marijuana laws seems to be all over the news lately. Between legalization, decriminalization, and medical marijuana, it can be difficult to keep track of which laws apply where. The same is true for our Great Lake State, with Michigan having legalized recreational use of marijuana through a 2018 ballot initiative.
What follows is a brief summary of the current state of Michigan marijuana laws.
Marijuana Under Michigan Law
While marijuana remains illegal under federal law, a growing number of states have approved its use for medical purposes. This tension between federal and state laws has shifted back and forth over the years. For now, Michigan marijuana laws treat possession of any amount as a misdemeanor, punishable by up to one year in prison and/or a fine of up to $2,000. But this will change after the voter-approved Proposal 1 is certified.
Adults 21 and older will be able to possess, transport, use, and even grow marijuana in late 2018 (based on the certification date for the vote). Within about two years, the state will implement licensing procedures for recreational producers, vendors, and other players in the market.
Michigan also allows the medical use of marijuana by approved patients.
Michigan Marijuana Statutes
The basics of Michigan marijuana laws are listed in the following table. Check back later for updates as Michigan's cannabis legalization law takes effect.
| Code Section | |
| Possession | Misdemeanor with penalty of 1 yr. and/or $2000 |
| Sale | Felony: less than 5 kg. or 20 plants: up to 4 yrs. and/or $20,000; 5-45 kg. or 20-200 plants: up to 7 yrs. and/or $500,000; Over 45 kg. or over 200 plants: up to 15 yrs. and/or $10,000,000; Sale to minor or near school property: up to double penalties |
| Trafficking | - |
| Medical Marijuana | Patients with a valid doctor's recommendation may possess up to 2.5 oz. of usable marijuana and may cultivate up 12 marijuana plants for personal use. |
Regardless of what any state’s marijuana laws says, the possession and sale of marijuana remains illegal under federal law by way of the Controlled Substance Act. And where state and federal law conflict, federal law always trumps.
To date, federal law enforcement agencies have not shown much interest in interfering with states’ handling of most marijuana cases. However, the federal government still has the power to penalize everything from the manufacturing and cultivation to the trafficking and distribution, as well as the possession of marijuana.
Michigan Marijuana Laws: Related Resources
As noted above, state marijuana laws are constantly changing. You can contact a Michigan drug crimes attorney in your area if you would like legal assistance regarding a drug case, or if you would like to know your rights. You can also conduct more of your own legal research by visiting FindLaw's drug charges section for additional articles and resources.
Get Legal Help with Your Marijuana Case in Michigan
Although Michigan's marijuana laws include legal medical marijuana, you can still get into legal difficulty for violating the law. If you're facing marijuana charges in Michigan, it's a good idea to reach out to a local drug crime lawyer to discuss your case.
