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Michigan Marijuana Law, Regulation, Penalties, Attornies & Congressman

Michigan Marijuana Law, Regulation, Penalties, Attornies & Congressman

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

  • Michigan Code Section 333.7212
  • Michigan Code Section 333.7403(d)
  • Michigan Code Section 333.7404(d) 
  • Michigan Code Section 333.7410a 
  • Michigan Code Section 333.7411 

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

  • Michigan Code Section 333.7401(2)(d) 
  • Michigan Code Section 333.7410 

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

  • Michigan Code Section 333.7401 

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.

See

  • Michigan Code § 333.7106 
  • People v. Campbell, 72 Mich App. 411 (1977)

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) 
  • Gauthier v. Alpena County Prosecutor, 267 Mich.App. 167, 703 N.W.2d 818 (MI Ct. App. 2005)

Miscellaneous

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

See

  • Michigan Code § 257.319e
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.

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.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. 

Michigan Drugged Driving

In Michigan, a person is guilty of DUI if (1) he or she operates a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, a controlled substance, or a combination of alcoholic liquor and a controlled substance, (2) the owner of a vehicle permits the vehicle to be operated by a person whose ability to operate the motor vehicle is visibly impaired due a controlled substance, or a combination of alcohol and a controlled substance, OR (3) the person has in his or her body any amount of a schedule I controlled substance*. Mich. Comp. Laws Ann. §§ 257.625(1)(a), (8) (West 2010).

*NOTE: The Michigan Supreme Court has found that inert metabolites of marijuana do not constitute schedule I controlled substances. The court found that natural byproducts created by body during break down of THC were not derivative of marijuana. Inert metabolites do not constitute schedule I controlled substance, in part because they do have any known pharmacological effect, relate to level of THC-related impairment, and do not have potential for abuse and dependence. People v. Feezel, 783 N.W.2d 67(2010).

The Michigan Supreme Court has separately determined that the protections of the state’s medical marijuana act trump the state’s zero tolerance per se law for the presence of THC in blood. This means that qualified patients may not be charged under the state’s zero tolerance per se DUI statute. Rather, the state would have to show prrof of impairment in order to gain a DUI drug conviction. This zero tolerant standard does apply to non-patients. People v. Koon, 2013.

Implied Consent

  • A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine. Mich. Comp. Laws Ann. § 257.625c(1) (2010).
  • If a person refuses the request of a peace officer to submit to a chemical test, a test shall not be given without a court order, but the officer may seek to obtain the court order. Id. § 257.625d(1).
  • A person’s refusal to submit to a chemical test is admissible in a criminal prosecution for a crime only to show that a test was offered to the defendant, but not as evidence in determining the defendant’s innocence or guilt. The jury shall be instructed accordingly. Id. § 257.625a(9).
  • Accused has the right to demand that a person of his or her own choosing administer the chemical tests, and accused is responsible for obtaining a chemical analysis of a test sample obtained at his or her own request. Id. § 257.625a(6)(b).
  • Accused is allowed a phone call to consult attorney about taking chemical tests after arrest. Hall v. Secretary of State,231 N.W.2d 396(1975).

Penalties

  • First offense – One or more of the following – community service for not more than 360 hours; imprisonment for not more than 93 days; fine of not more than $300. Mich. Comp. Laws Ann. § 257.625(9)(a).
  • Second offense (w/i 7 years) – fine of not less than $200 or more than $1,000; one or more of the following – imprisonment for not less than 5 days or more than 1 year, community service for not less than 30 days nor more than 90 days. Id. § 257.625(9)(b).
  • Third and subsequent offense (w/i 7 years) felony – fine of not less than $500 or more than $5,000; either of the following – imprisonment for not less than 1 year or more than 5 years; probation with imprisonment for not less than 30 days or more than 1 year with community service for at least 60 days, but less than 180 days. Id. § 257.625(9)(c).

Sobriety Checkpoints

In Michigan, sobriety checkpoints are deemed illegal under state Constitution.

Upon remand from the U.S. Supreme court, the Michigan Supreme court found that Michigan’s state constitution did not permit sobriety checkpoints in Sitz v. Mich. Dept. of State Police, 506 N.W.2d 209 (Mich. 1993).

Case Law

People v. Koon (2013) — “The MMMA [Michigan Medical Marihuana Act] does not define what it means to be ‘under the influence,’ but the phrase clearly contemplates something more than having any amount of marijuana in one’s system and requires some effect on the person. Thus, the MMMA’s protections extend to a registered patient who internally possesses marijuana while operating a vehicle unless the patient is under the influence of marijuana. The immunity from prosecution provided under the MMMA to a registered patient who drives with indications of marijuana in his or her system but is not otherwise under the influence of marijuana inescapably conflicts with MCL 257.625(8) [the state’s zero tolerance per se DUI law], which prohibits a person from driving with any amount of marijuana in her or system.”

People v. Feezel, 783 N.W.2d 67(2010) — The Michigan Supreme Court has found that inert metabolites of marijuana do not constitute schedule I controlled substances. The court found that natural byproducts created by body during break down of THC were not derivative of marijuana. Inert metabolites do not constitute schedule I controlled substance, in part because they do not have any known pharmacological effect, relate to level of THC-related impairment, and do not have potential for abuse and dependence.

People v. Mayhew, 600 N.W.2d 370 (1999) — Accused who was treated at hospital for injuries arising from an automobile accident had no expectation of privacy. A urine test performed on him at hospital which revealed presence of THC was admissible, despite objections based on 4th amendment protections.

Per Se Drugged Driving Laws

Michigan has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances. Cannabis metabolites are excluded under the law MCL 257.625(8)

Community service for not more than 360 hours or/and Imprisonment for not more than 93 days or/and A fine of not less than $100.00 or more than $500.00.

If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following: Imprisonment for not less than 5 days or more than 1 year and/or Community service for not less than 30 days or more than 90 days.

If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following: Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years and/or Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days.

The court may order vehicle immobilization for not more than 180 days.

Michigan Hemp Law

Year Passed: 2014
Summary: The Industrial Hemp Research Act of 2014 authorizes a “department or a college or university” to “grow or cultivate, or both, industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research project.”
Statute: Mich. Comp. Laws § 286.843 (2014)

Michigan Medical Marijuana Law

Status

 

Operational

Law Signed:

 2008

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/

 

Michigan Verified Marijuana / Cannabis Attorney / Lawyers

Maurice Davis

248-469-8501

Maurice Davis

The Davis Law Group, PLLC
27600 Northwestern Hwy. Suite 215

SouthfieldMI 48034

www.michigancriminallawyer.com

Phone: 248-469-8501

Daniel W Grow

269-519-8222

Daniel W Grow

Daniel W. Grow, PLLC
800 Ship Street Suite 110

Saint JosephMI 49085

www.growdefense.com

Phone: 269-519-8222

David M Clark

517-347-6900

David M Clark

The Clark Law Office
4121 Okemos Road Suite 13

OkermosMI 48864

theclarklawoffice.com

Phone: 517-347-6900

Joshua Marlin Covert

517-512-8364

Joshua Marlin Covert

Covert Law Firm
1129 N Washington Ave

LansingMI 48906

www.nicholslawyers.com

Phone: 517-512-8364

Brandon Gardner

616-717-5656

Brandon Gardner

Grand Rapids Cannabis Attorneys
250 Monroe Avenue NW Suite 400

Grand RapidsMI 49503

Phone: 616-717-5656

Bruce Alan Block

616-676-8770

Bruce Alan Block

Bruce Alan, Block PLC
1155 East Paris Ave. S.E., Ste. 300

Grand RapidsMI 49546

www.brucealanblock.com

Phone: 616-676-8770

Jeffrey Buehner

248-865-9640

Jeffrey Buehner

 
31700 W. 13 Mile Road Suite 96

Farmington HillsMI 48334

www.attorneywebsite.com

Phone: 248-865-9640

Michael J Nichols

517-432-9000

Michael J Nichols

 
3452 East Lake Lansing Rd

East LansingMI 48823

www.nicholslawyers.com

Phone: 517-432-9000

Tiffany DeBruin

517-324-4303

Tiffany DeBruin

DeBruin Law PLLC
221 W Lake Lansing Rd 200

East LansingMI 48823

www.lansingattorney.com

Phone: 517-324-4303

Mary Chartier

517-885-3305

Mary Chartier

Chartier & Nyamfukudza, P.L.C.
1905 Abbot Road Suite 1

East LansingMI 48823

www.cndefenders.com

Phone: 517-885-3305

Thomas M.J. Lavigne

313-446-2235

Thomas M.J. Lavigne

Cannabis Counsel, PLC
2930 E Jefferson Ave

DetroitMI 48207

www.cannabiscounsel.com

Phone: 313-446-2235

William W Swor

313-967-0200

William W Swor

William W. Swor & Associates
645 Griswold St Suite 3060

DetroitMI 48226

www.sworlaw.com

Phone: 313-967-0200

Shyler Engel

586-739-2000

Shyler Engel

Shyler Engel, PLLC
50346 Van Dyke Ave

Shelby TownshipMI 48317

shylerlaw.com

Phone: 586-739-2000

Shaun A. Mansour

586-630-3701

Shaun Mansour

 
38550 Garfield Rd Suite A

Clinton TownshipMI 48038

Phone: 586-630-3701

Brian Peter Fenech

734-786-0719

Brian Peter Fenech

Law Office of Brian P. Fenech, PLLC.
P.O. Box 2088

Ann ArborMI 48106

www.fenech-law.com

Phone: 734-786-0719

Barton W Morris Jr.

248-541-2600

Barton W Morris

Cannabis Legal Group
520 N. Main

Royal OakMI 48067

cannabislegalgroup.com

Phone: 248-541-2600

Matthew R Abel

313-446-2235

Matthew R Abel

Cannabis Counsel, PLC
2930 E Jefferson Ave

DetroitMI 48207

www.cannabiscounsel.com

Phone: 313-446-2235

Jessica L Spiro

248-224-1815

Jessica L Spiro

6817 Cedarbrook Dr

Bloomfield HillsMI48301

www.michigan-marijuana-lawyer.com

Phone: 248-224-1815
 
 
 

Michigan Congressman

Senators

 

Gary Peters (D)

MICHIGAN

 Grade: D

Votes

 

No sponsorships or comments

Debbie Stabenow (D)

MICHIGAN

Grade: D

Votes

 

No sponsorships or comments

 

House of Representatives

John Conyers (D)

MICHIGAN

Grade: B+

Votes

 

Cosponsor

H.R. 1538: CARERS
H.R. 1774: Compassionate Access Act

Justin Amash (R)

MICHIGAN

Grade: B

Votes

 

Cosponsor

*H.R. 1940: Respect State Marijuana Laws Act of 2015
HR 1538: CARERS Act of 2015
*H.R. 525: Industrial Hemp Farming Act of 2015
*H.R. 667: Veterans Equal Access Act
*H.R. 3518: Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act of 2015

Dan Benishek (R)

MICHIGAN

Grade: B

Votes

 

Cosponsor

H.R. 525 Industrial Hemp Farming Act of 2015

Deborah (Debbie) Dingel (D)

MICHIGAN

Grade: B

Votes

 

No sponsorships or comments

Dan Kildee (D)

MICHIGAN

Grade: B

Votes

 

No sponsorships or comments

Brenda Lawrence (D)

MICHIGAN

Grade: B

Votes

 

Cosponsor

H.R. 1635: Charlotte’s Web Medical Access Act of 2015

Fred Upton (R)

MICHIGAN

Grade: B

Votes

 

No sponsorships or comments

Mike Bishop (R)

MICHIGAN

Grade: D

Votes

 

No sponsorships or comments

Bill Huizenga (R)

MICHIGAN

Grade: D

Votes

 

No sponsorships or comments

John Moolenaar (R)

MICHIGAN

Grade: D

Votes

 

No sponsorships or comments

Dave Trott (R)

MICHIGAN

Grade: D

Votes

 

No sponsorships or comments

Tim Walberg (R)

MICHIGAN

Grade: D

Votes

 

No sponsorships or comments

Sander (Sandy) Levin (D)

MICHIGAN

Grade: D-

Votes

 

Comments

“I met with Oakland County high school students a month ago (in Birmingham), and they said marijuana was available to them anytime, anywhere, even in school. That’s when I decided: We really need to take this on,” Levin said” 4/29/2013 (Link)

Candice Miller (R)

MICHIGAN

Grade: D-

Votes

 

Comments

“The recent arrests of 29 Canadian men accused of smuggling drugs such as ecstasy, marijuana and methamphetamine across Lake Huron into Sanilac County show that efforts to further secure our border are working. This bust was a result of incredible cooperation between federal, state, local and Canadian law enforcement partners. The recent arrests of 29 Canadian men accused of smuggling drugs such as ecstasy, marijuana and methamphetamine across Lake Huron into Sanilac County show that efforts to further secure our border are working. This bust was a result of incredible cooperation between federal, state, local and Canadian law enforcement partners.” 12/30/2010 (Link)