Michigan Cannabis Laws

Offense Penalty Incarceration   Max. Fine

Possession

Any amount Misdemeanor 1 year $ 2,000
In a park Misdemeanor or Felony 2 years $ 2,000
Use of marijuana Misdemeanor 90 days $ 100

Sale

Sale without remuneration Misdemeanor 1 year $ 1,000
Less than 5 kg Felony 4 years $ 20,000
5 – less than 45 kg Felony 7 years $ 500,000
45 kg or more Felony 15 years $ 10,000,000

Cultivation

Less than 20 plants Felony 4 years $ 20,000
20 – less than 200 plants Felony 7 years $ 500,000
200 plants or more Felony 15 years $ 10,000,000

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Sale of paraphernalia Misdemeanor 90 days $ 5,000

Miscellaneous

In Ann Arbor N/A N/A $ 100
Any conviction will result in a driver’s license suspension for 6 months.

Penalty Details

Possession

Under Michigan law marijuana is listed as a Schedule I controlled substance.

Possession of any amount is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. A conditional discharge is possible.

Use of marijuana is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $100.

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.

See

Sale

Sale without remuneration is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

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 – less than 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.

See

Cultivation

The cultivation of fewer than 20 plants is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The cultivation of 20 – less than 200 plants is a felony, which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The cultivation of more than 200 plants is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

See

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.

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Paraphernalia

The sale of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $5,000. Bongs, dugouts, and pipes are exempted from the definition of paraphernalia, however.”

See

  • Michigan Code § 333.7453(1) Web Search
  • Gauthier v. Alpena County Prosecutor, 267 Mich.App. 167, 703 N.W.2d 818 (MI Ct. App. 2005) Web Search

Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

See

Ann Arbor

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.

CONDITIONAL RELEASE

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.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. 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. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

MEDICAL MARIJUANA
QUALIFYING CONDITIONS
  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis
  • Cachexia or wasting syndrome
  • Cancer
  • Chronic pain
  • Crohn’s disease
  • Glaucoma
  • HIV or AIDS
  • Hepatitis C
  • Nail patella
  • Nausea
  • Post-traumatic stress disorder (PTSD)
  • Seizures
  • Severe and persistent muscle spasms
PATIENT POSSESSION LIMITS

Two and one-half ounces of usable marijuana

HOME CULTIVATION

Yes, no more than 12 marijuana plants kept in an enclosed, locked facility. OR, outdoor plants 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 ALLOWED

Yes, under a package of new laws that took effect December 20, 2016, regulators must now establish rules governing the licensing of dispensary operators.

MEDICAL MARIJUANA STATUTES
  • Mich. Comp. Law § 333.26424(j) (2008)
  • Mich. Comp. Law §§ 333.26423; 333.26426(d) (2008)
  • Public Acts 281-283 of 2016
CAREGIVERS

Yes, primary caregiver is a person who has agreed to assist with a patient’s medical use of marijuana. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a felony involving illegal drugs, or must not have been convicted of any felony within the last ten years, or any violent felony ever.. Each patient can only have one primary caregiver. The primary caregiver may assist no more than 5 qualifying patients with their medical use of marijuana. State-qualified caregivers must not have been convicted of any felony within the last ten years, or any violent felony ever.

ESTIMATED NUMBER OF REGISTERED PATIENTS
RECIPROCITY

Yes, other state, district, territory, commonwealth, or insular possession of the U.S. must offer reciprocity to have reciprocity in Michigan.

CONTACT INFORMATION

Michigan Medical Marihuana Program (MMMP)
Michigan.gov/mmp

Michigan Medical Marijuana Association
http://michiganmedicalmarijuana.org/

Thank you, NORML.ORG for this comprehensive look at Michigan’s cannabis laws.