Michigan Marijuana Laws

Michigan voters spoke, and Michigan officials listened. Medical marijuana and adult-use recreational marijuana became legal after ballot initiatives.

Proposal 1 in 2008 approved marijuana for medical use, although a working system for dispensaries didn’t happen until 2016. Recreational cannabis became legal via Proposal 1 in 2018, and the Michigan Regulation and Taxation of Marihuana Act (MRTMA) led to sales beginning in 2019.

While cannabis use is legal in Michigan, there are restrictions in place. In this article, we’ll examine the Michigan cannabis laws you’re likely to encounter and show how to stay on the right side of law enforcement. You’ll learn about possession limits, grower rights, and what it means if a municipality has opted out of the MRTMA.

Ready for a better understanding of Michigan marijuana laws? Let’s dive in.

Michigan Cannabis Laws and How They Work

Before digging into Michigan marijuana laws, it’s important to know federal law. As of May 2024, marijuana is still a Schedule I drug at the federal level, as per the Controlled Substances Act (CSA). This means you may be subject to severe penalties for marijuana offenses on federal lands such as national parks, military bases, and federal courthouses. While reclassification seems imminent, nothing is certain until new laws get passed.

The Michigan Cannabis Regulatory Agency (CRA) regulates marijuana businesses and oversees both medical and recreational use. It licenses all dispensaries in the state. Statewide delivery of marijuana products is also allowed.

In most circumstances, the State of Michigan laws on marijuana sanction only private use of cannabis. It’s legal to have up to 2.5 ounces of marijuana flower or its equivalent in marijuana products.

Public use of any marijuana product in Michigan is illegal unless it’s at a licensed cannabis event or an approved consumption lounge, which is like a bar but with cannabis products instead of alcohol. For unlawful public use, you face up to a $100 fine as a civil infraction.

Some jurisdictions have more ordinances. For example, Ann Arbor decriminalized cannabis with a $5 civil infraction in 1974. But, marijuana of any type is illegal on the University of Michigan campus.

More than 1,300 of Michigan’s 1,773 municipalities, including many of Detroit’s communities, have opted out of the MRTMA. You can still use marijuana in these communities, but you can’t buy it there. Marijuana paraphernalia is legal in Michigan. Adults can buy, sell, and gift paraphernalia to other adults.

With knowledge of basic Michigan cannabis laws, let’s take a look at the differences between the two types of marijuana available: medical and recreational.

Michigan Medical Marijuana Laws

The Michigan Medical Marijuana Program (MMMP) is the state registry program in the CRA. Qualified patients can apply for the program to get their patient registry ID card. To be eligible for the program, patients must be over 18 and have a doctor’s written confirmation of their ailment. Qualifying medical conditions include suffering from one or more of the following:

• Cancer
• Glaucoma
• HIV/AIDS
• Hepatitis C
• Amyotrophic lateral sclerosis (ALS)
• Crohn’s disease
• Agitation of Alzheimer’s disease
• Nail-patella syndrome
• Post-traumatic stress disorder (PTSD)
• Obsessive-compulsive disorder
• Arthritis
• Rheumatoid arthritis
• Spinal cord injury
• Colitis
• Inflammatory bowel disease
• Ulcerative colitis
• Parkinson’s disease
• Tourette’s syndrome
• Autism
• Chronic pain
• Cerebral palsy
• A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
  • Cachexia or wasting syndrome
  • Severe and chronic pain
  • Severe nausea
  • Seizures (including but not limited to those characteristic of epilepsy)
  • Severe and persistent muscle spasms (including but not limited to those characteristic of multiple sclerosis)

If your condition isn’t listed here, speak to your doctor or contact the CRA. You can apply online for new accounts and renewals. If you have a caregiver, your application must be mailed. The cost for a new account and a renewal (every two years) is $40.

With your patient registry ID card and another government-issued ID card, you can make medical cannabis purchases at a dispensary or have an order delivered. You have a daily purchase and possession limit of 2.5 ounces of usable marijuana in any combination of the following:

• Cannabis flower
• 15 grams of cannabis concentrate
• Edibles (16 ounces of edible equals 1 ounce of flower)
• Tinctures, topicals, and liquids (36 ounces equals 1 ounce of flower)
• Gaseous form (7 grams equals 1 ounce of flower)

Medical marijuana users can only buy and have at home 10 ounces of cannabis each month. While patients still have to pay the 6% state sales tax, they do not have to pay the 10% cannabis excise tax.

Adults over 21 can grow up to 12 cannabis plants at their homes for personal use. Patients with a caretaker can cultivate and process an extra 12 plants. These plants must be in a locked enclosure and not visible from public places. Caretakers can have five patients at a time.

Michigan shares medical marijuana reciprocity with some other states. Visiting qualified patients with a medical marijuana card and photo ID can make purchases under the MMMP.

Michigan Recreational Use Marijuana Laws

Many of the rules for the MMMP apply to recreational cannabis purchases. With a government-issued photo ID, adult-use customers can buy and have any combination of marijuana THC products at or below a 2.5-ounce limit:

• Cannabis flower
• 15 grams of cannabis concentrate
• Edibles (16 ounces of edible equals 1 ounce of flower)
• Tinctures, topicals, and liquids (36 ounces equals 1 ounce of flower)
• Gaseous form (7 grams equals 1 ounce of flower)

Recreational cannabis purchases are subject to a 10% cannabis excise tax besides the 6% state sales tax.

Recreational users can have up to 10 ounces of usable marijuana at their homes. They may also grow and process up to 12 marijuana plants at home but are still subject to the 10-ounce possession limit. It’s suggested that growers stagger their plants so that some are immature while others are flowering.

Michigan Marijuana Laws and Expungement

When recreational marijuana became legal, a good number of people had marijuana convictions on their records. With HB 4982 in 2020, Gov. Gretchen Whitmer rectified the situation by offering expungement for certain marijuana-based offenses.

This led to Michigan’s 2021 Clean Slate legislation. If you need help expunging an old marijuana charge, talk to a Michigan drug crimes attorney.

Michigan Marijuana Law Penalties

Violating Michigan marijuana laws can be life-altering. For example, operating a motor vehicle under the influence of marijuana carries the same penalties as an alcohol-caused DUI. The onus is on the prosecution to prove you were impaired, but the potential punishments are severe.

The table below recaps what you’ve learned above while adding detailed explanations of marijuana crimes and the possible penalties you’ll face.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify Michigan state laws.

Michigan Marijuana Laws: Related Resources

• Cannabis Law
• Medical Marijuana — An Overview
• CRA – Enforcement Division
• Marijuana Decriminalization and Legalization
• Official State Codes
• Michigan Legal Research

Get Legal Help With Your Marijuana Case in Michigan

Remember, not all Midwest states allow recreational use of marijuana. Although Michigan’s marijuana laws include the legal use of marijuana, you can still get into legal difficulty for violating the possession of marijuana limits. If you’re facing marijuana charges in Michigan or elsewhere, reach out to a local drug crime lawyer to discuss your case.