Marijuana possession and use has been legal in Michigan since December 2018. On December 1, 2019 Michigan allowed its first adult recreational use marijuana purchase from a marijuana store. But it is not a free for all law allowing you to have as much marijuana in your possession as you want. There are limits. In addition you must be an adult i.e. age 21 and above to grow, possess, transport and use marijuana recreationally in Michigan.
Under Michigan Recreational Marijuana Law people age 21 and above can possess up to 10 ounces of marijuana in their homes and can possess up to 2.5 ounces while traveling. Adults in Michigan may grow up to 12 marijuana plants so long as they are not visible to the public.
Current Violations of Michigan Marijuana Law and Penalties
Possession and/or use of marijuana in public:
Using or possessing marijuana in public in Michigan is a civil infraction punishable by a fine of no more than $100.00.
Failure to store marijuana properly at your home or allowing your marijuana plants to be publicly visible are civil infractions punishable by a fine of no more than $100.00
Minors in possession of marijuana:
Minors in possession of marijuana in Michigan may be charged with violation of a civil infraction and a potential fine of $100.00 and forfeiture of the marijuana. If the minor is under the age of 18 you will also be required to participate in 4 hours of drug education or counseling.
Minors in possession of marijuana in Michigan after an initial conviction may be charged with violation of a civil infraction and a potential fine of $500.00 and forfeiture of the marijuana. If the minor is under the age of 18 you will also be required to participate in 8 hours of drug education or counseling.
Distribution of Marijuana:
Michigan prohibits distribution of marijuana in any amount to any person in exchange for money or other value. Violation will result in a felony with the following penalties:
Less than 5 kilograms: Maximum 4 years incarceration and/or Fine in the amount of $20,000.00;
5 to 45 kilograms: Maximum 7 years incarceration and/or up to maximum fine in the amount of $500,000.00
Greater than 45 kilograms: Maximum 15 years incarceration and/or up to maximum $10,000,000.00 fine
Operating a motor vehicle while under the influence of marijuana in Michigan:
Fine up to $250.00, 360 hours of community service, 30 restricted license and 4 points on your Michigan Driving record
Fine up to $500.00, 60 days of community service, 93 days incarceration and suspension of driver’s license for 1 to 7 years and 4 points added to Michigan Driving record.
Manufacture, Delivering or Possessing with Intent to Deliver Marijuana:
If the circumstances of your crime warrant a charge of manufacturing, delivering or intent to deliver marijuana you are facing much harsher penalties than a simple possession charge. You can be charged with intent to distribute for almost any amount of marijuana. However, if you are caught with larger quantities, the potential penalties and sentences are much higher.
|Marijuana Quantity||Marijuana Penalties|
|More than 45 kilograms or more than 200 plants||Up to 15 years in prison and $10 million in fines.|
|More than 5 kilograms but less than 45, or more than 20 plants but less than 200||Up to 7 years in prison and $500,000 in fines.|
|Less than 5 kilograms||Up to 4 years in prison and $20,000 in fines|
What if I was convicted of a marijuana crime before marijauna was legalized:
Since recreational marijuana was legalized in Michigan there has been talk about Governor Whitmer pardoning particular degrees of marijuana convictions, mostly minor possessions that were not subject to 7411 or HYDA deferments. To date those convictions remain on the books.
However, you may find relief from seeking an expungement of your recorded convictions. If 5 years have lapsed since you completed your sentence from the last conviction and you have only one felony and/or two misdemeanor convictions on your record you may be eligible to seek expungement.
Whether you are facing 1 or 20 years in prison, or even just a permanent criminal record, you can’t afford to make a mistake with your life and your future. Get a legal consultation today.