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Michigan Laws & Penalties
| 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 |
| * Michigan voters approved Proposal 1 permitting adults to grow and possess personal use quantities of cannabis. The law will take effect 10 days following the certification of the 2018 election results. | |||
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
**Fifty-six percent of Michigan voters approved Proposal 1, which permits adults to legally grow (up to 12 plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to 2.5 ounces of flower and/or up to 15 grams of concentrates) while also licensing commercial cannabis production and retail sales. The new law will take effect 10 days following the certification of the 2018 election results.**
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
**Fifty-six percent of Michigan voters approved Proposal 1, which permits adults to legally grow (up to 12 plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to 2.5 ounces of flower and/or up to 15 grams of concentrates) while also licensing commercial cannabis production and retail sales. The new law will take effect 10 days following the certification of the 2018 election results.**
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.
Local Decriminalization
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
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.
Legalization
This state has legalized marijuana for personal use.
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: Medical Use.
