Michigan: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

Possession
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 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 333.7403
• 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 kg is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The sale of 5 kg-45 kg 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 kg 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 333.7401(a)
• 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 20-200 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(2)(d)

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. 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.

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. For more information see NORML's Medical Marijuana section.

Source: NORML: Michigan Laws & Penalties

 

[Heather De Ath]

The Title says "Medical Marijuana Law Overview". Is this a misprint?

 

[Althegardener2]

UPDATE THIS PLEASE

 

[Althegardener2]

Can someone that has the actual new law available please update this?

 

[Althegardener2]

Here is a basic copy of the new Recreational and Medical Laws;

Under Proposal 1, adults 21 years of age or older are legally allowed to possess up to 2.5 ounces of cannabis outside of their home and up to 10 ounces in their home. Additionally, adults of age may possess and cultivate up to 12 cannabis plants in their home and possess no more than 15 grams of concentrate at any given time.

Michigan Recreational Cannabis Possession Limits:

• Up to 2.5 ounces away from home
• Up to 10 ounces at home
• No more than 15 grams of cannabis concentrates
• Up to 12 cannabis plants

Under the Michigan Medical Marijuana Act, qualifying patients suffering from a state-approved debilitating condition are allowed to possess up to 2.5 ounces of usable marijuana and usable marijuana equivalents.

Michigan Medical Marijuana Equivalents:

• 16 ounces of marijuana-infused products in solid form
• 7 grams of marijuana infused product in gaseous form
• 36 fluid ounces of marijuana-infused product in liquid form

Additionally, qualifying patients are also allowed to possess up to 12 marijuana plants, so long as they are kept in an enclosed, locked facility. If a qualifying patient specifies a primary caregiver upon registration into the program, then the specified caregiver would be allowed to possess 12 marijuana plants as well as 2.5 ounces of useable marijuana.

Incidental or minute amounts of stems, stalks, seeds and roots are not included in Michigan medical marijuana possession limits.

Purchasing
There is currently no legal place to purchase recreational cannabis in Michigan. The state's Department of Licensing and Regulatory Affairs is tasked with developing the legal framework for Michigan's recreational cannabis industry, which may take up to a year. Until then, no licenses for legal cannabis businesses will be granted. Initial reports predict the first recreational cannabis dispensaries in Michigan to open early 2020.

Under Senate Bill 660 and the Michigan Medical Marijuana Act, patients are not permitted to obtain more than 2.5 ounces of pharmaceutical-grade cannabis. Dispensaries reserve the right to limit sales to a patient based on laws and regulations of the local jurisdiction where the dispensary is located.