Michigan Marijuana Laws
Residents and travelers that are 21 years and older can use and possess marijuana in quantities regulated by the state. Medical marijuana patients can purchase up to 2.5 ounces per day, not to exceed 10 ounces in a month. Adults are permitted to possess up to 2.5 ounces of cannabis with no more than 15 grams in concentrated form. Cultivation laws allow up to 12 cannabis plants to be grown at home and 10 ounces from harvest.
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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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) | Civil Infraction | None | $ 500 |
| More than 5 oz (first offense) | Misdemeanor | None | $ 500 |
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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.
Unlicensed sale of any amount of marijuana is a felony. The sale of less than 5 kilograms is punishable by up to 4 years in prison and a maximum fine of $20,000.
Sale of between 5 and 45 kilograms, meanwhile, comes with a maximum penalty of 7 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Distribution of less than 2.5 oz without remuneration | No Penalty | None | $ 0 |
| Distribution of less than 5 oz without remuneration | Civil Infraction | None | $ 500 |
| Sale of less than 5 kg | Felony | 4 years | $ 20,000 |
| Sale of 5 kg – 45 kg | Felony | 7 years | $ 500,000 |
| 45 kg or more | Felony | 15 years | $ 10,000,000 |
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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 24 plants is a civil infraction punishable by a fine of $500.
Cultivation of any more than 25 plants is a misdemeanor, and the potential jail term is dependent on whether “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Less than 12 plants for personal use | No Penalty | None | $ 0 |
| 12 – 24 plants | Civil Infraction | None | $ 500 |
| 25 – 200 plants | Misdemeanor | None* | $ 0 |
| More than 200 plants | Misdemeanor | None* | $ 0 |
| *A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.” | |||
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Concentrates
It is legal to possess up to 15 grams of marijuana concentrate in Michigan. Adults are also permitted to give 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 |
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Paraphernalia
It is legal for adults in Michigan to buy and use paraphernalia, and to sell paraphernalia to another adult.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Sale of paraphernalia | No Penalty | None | $ 0 |
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Miscellaneous
- In Ann Arbor, being caught with marijuana can lead to a $25 fine on a first offense, $50 fine on a second offense, and a $100 fine on a third offense.
- Any convictions will result in a driver’s license suspension for 6 months
Michigan Cannabis News
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
- Cerebral palsy
- 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.
Michigan Marijuana Attorneys
The following Michigan lawyers are actively involved in the practice of cannabis law:
