Michigan Marijuana Laws: Is Marijuana Legal in Michigan?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 15, 2021

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Possession of marijuana is illegal in Michigan unless you have a debilitating medical condition. However, marijuana is still illegal under federal law, regardless of medical need. Thus, even if the state of Michigan does not arrest, prosecute, or convict people for possessing medicinal marijuana, the federal legal system still has the authority to do so. Michigan statutes use the spellings “marijuana” and “marihuana” interchangeably.

What are the penalties for the possession of marijuana in Michigan?

If you are arrested for possession of marijuana in Michigan, and do not have a debilitating medical condition, the penalties you face will depend on your intent in possessing the marijuana. Marijuana penalties in the state of Michigan can include incarceration and fines. Under Michigan law, possession of even the smallest amount of marijuana can result in substantial jail time. People charged with growing marijuana, possessing large amounts, or intending to sell marijuana face even steeper penalties.

It does not take being caught in the act of selling to be charged with attempted distribution of marijuana. Just possessing a large amount of marijuana and affiliated paraphernalia such as measuring equipment or baggies can be enough evidence to support a charge of attempted distribution. The Michigan Marijuana Penalties Table below highlights the different levels of penalties for acts related to the illegal possession, cultivation, and distribution of marijuana under Michigan law. Of note, and not covered in the table, is that synthetic marijuana (tetrahydrocannabinol) is also illegal under Michigan law. There are also separate penalties for marijuana possession under federal law. Specific penalties in your case will vary depending on your particular circumstances. (Michigan Public Health Code Section 333.74).

Laws around the medical marijuana industry constantly change. If you have questions about the cannabis industry, consult an experienced Michigan marijuana lawyer or Michigan criminal attorneys to find out more.

Michigan Marijuana Penalties Table

Activity Amount Incarceration (max) Fine (max) Charge
Use Any 90 days $100 Misdemeanor
Possession Any 1 year $2,000
Gifting Any 1 year $1,000
Sale* or Cultivation Under 5 kg or 20 plants 2 years $2,000 Felony
5 kg up to 45 kg or 20 plants up to 200 plants 4 years $20,000
At least 45 kg or 200 plants 15 years $10 million

*Maximum penalties are doubled within 1,000 feet of a school or library.

There was a study conducted where the results showed that there was an increased risk of danger for drivers who used alcohol and drugs not related to cannabis.

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How can I apply for a medical marijuana card?

  • Provide a statement from your doctor
  • A valid form of ID (Michigan, or out of state)
  • Medical marijuana program (completed application)

A doctor with the Cannabis Counsel can recommend cards to medical marijuana patients.

Sale of Marijuana

In 2017, legal weed sales neared $9 billion. As such, laws were changing that allowed an adult to possess a certain amount of ounces of marijuana.

Legislature was unsure about taking up the issue of the legalization of marijuana; however, on the ballot, in 2018, was legal weed. Michigan was the first Midwest state linked to marijuana legalization, specifically recreational marijuana via a ballot initiative.

Follow this link for more information about Michigan Marijuana Laws and Michigan Medical Marijuana Laws

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