Formerly a controlled substance, marijuana, also known as “cannabis”, is now legal in the state of Michigan. The substance was decriminalized and officially taken off the controlled substance list after the Michigan Regulation and Taxation of Marihuana (MRTM) passed in 2018. Although marijuana can be used recreationally in Michigan, it’s still prohibited at the federal level. That means using or possessing cannabis in the federal jurisdiction such as a courthouse can result in a federal marijuana possession charge.
In addition, the state of Michigan does have laws that govern recreational marijuana use. Users must be over the age of 21 and using cannabis in a public place such as a park or street is illegal. Selling or transferring marijuana unlawfully can result in hefty fines and even a term of imprisonment. If you have been arrested for a marijuana related crime in the state of Michigan, we recommend you get in contact with J. Dallo of Dallo Law, P.C..
Marijuana Defense Attorney in Bloomfield Hills, MI
Dallo of Dallo Law, P.C. has years of experience defending clients from serious charges including those related to marijuana. His thorough understanding of Michigan’s recreational marijuana laws can be utilized to defend you and your right to possess or use cannabis. Get started on your defense as soon as possible and call J. Dallo at Dallo Law, P.C. today.
Set up your first consultation free with J. Dallo by calling his office at (248) 283-7000. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Clinton Township, Romeo, Fraser, New Baltimore, New Haven, Warren, Sterling Heights, Pontiac, Troy, Waterford Township, Clarkston, Southfield, Royal Oak, and Bloomfield Hills.
- Overview of Marijuana Possession in MI
- Selling or Distributing Marijuana Without a License
- Michigan Penalties for Illegally Cultivating Marijuana
- Additional Resources
Overview of Marijuana Possession in MI
Adults can possess marijuana legally in Michigan, but they can only possess a certain amount in public. An adult is allowed to possess up to 2.5 ounces of cannabis in public and no more than 15 grams of cannabis concentrate. In addition, Michigan residents can also possess the harvest of any plants they’ve cultivated in their home.
The limits for possession at one’s own residence are quite different. Michiganders can possess up to 10 ounces of cannabis in the home. However, any amount larger than 2.5 ounces must be kept inside a locked container. Exceeding either limits while out in public or in the home can result in an arrest and eventual conviction for possession.
Listed below are the penalties for unlawful possession of marijuana in Michigan.
- Possessing 2.5 to 5 ounces of marijuana outside the home – Punishable by a fine of up to $500 and forfeiture of cannabis for a first offense
- Possessing more than 5 ounces of marijuana outside your home – If convicted, the defendant will face a misdemeanor. However, no term of imprisonment will be imposed unless the violation was proven to be willful, habitual and for a commercial purpose. Imprisonment may also be imposed if the violation involved violence.
Selling or Distributing Marijuana Without a License in MI
No person can sell marijuana medically or recreationally without a valid license. They can, however, transfer up to 2.5 ounces of marijuana to another adult. The transfer is legal as long as nothing else of value is exchanged and the transfer is not advertised to the public.
Selling any amount of marijuana is a felony in Michigan. Selling less than 5 kilograms unlawfully is punishable by up to four years in prison with a maximum fine of $20,000. Illegal sales between 5 and 45 kilograms can yield the maximum penalty of up to seven years in prison and a fine of up to $500,000. If it’s found the defendant was selling up to 45 kilograms or more of marijuana, then they’ll face a prison sentence of up to 15 years as well as a fine maxing out at $100,000,000.
Penalties for Illegally Cultivating Marijuana in Michigan
Michigan residents can legally cultivate up to 12 marijuana plants in their homes according to MRTM. They can also possess any harvest that is produced by these plants. What Michigan residents cannot do is allow their plants to be “visible from a public place” or if they’re not in a secure location. Violation of this rule is a civil infraction punishable by a fine of no more than $100 and the eventual forfeiture of marijuana.
Cultivating marijuana is illegal in Michigan if more than 12 plants are being grown at one time. Anyone who cultivates between 12 and 24 plants may face a civil infraction with a maximum fine of $500. Those who cultivate between 25 and 200 plants for personal use will face a misdemeanor. The judge may impose a term of imprisonment if it’s found the violation was habitual, willful, and for a commercial purpose, or if the crime involved violence.
NORML | Michigan Marijuana Laws & Penalties – Visit the official website for NORML, an organization that is dedicated to reforming marijuana laws around the country. Access the site to learn more about the penalties for possession, cultivating, selling, or the possession or sale of THC concentrates.
MRA | Michigan Marijuana Regulatory Agency – Visit the official website for the Michigan government to learn more about the Regulatory Agency for Marijuana. Access the site to learn how you can obtain a license, the various types of licenses you can apply for, COVID-19 updates and information regarding the marijuana business and other relevant information.
Cannabis Defense Attorney in Oakland County, Michigan
Michigan recreational marijuana laws are complex and there are a lot of intricate rules surrounding possession, cultivation, or sale of cannabis. It can be especially hard to keep up with the evolving legislation especially if you’re running a cannabis related business. Thankfully, you have options if you’ve been accused or arrested for a marijuana crime by hiring Dallo Law, P.C..
Dallo of Dallo Law, P.C. not only has extensive experience with criminal defense but has assisted numerous people obtain licensure and start up their cannabusiness. His thorough understanding and insight behind Michigan’s marijuana business laws is a valuable asset and can be utilized for your case. Set up your first consultation now by calling Dallo Law, P.C. at (248) 283-7000.