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Michigan Laws & Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession for Personal Use | |||
| Up to 2.5 oz | No Penalty | None | $ 0 |
| Up to 10 oz in the home | No Penalty | None | $ 0 |
| More than 2.5 oz up to 5 oz (first offense) | Civil Infraction | None | $ 500 |
| More than 5 oz (first offense) | Misdemeanor | None | $ 500 |
Sale or Distribution | |||
| Distribution of less than 2.5 oz without remuneration | No Penalty | None | $ 0 |
| Distribution of less than 5 oz without remuneration | Civil Infraction | None | $ 500 |
| Sale of less than 5 kg | Felony | 4 years | $ 20,000 |
| Sale of 5 kg - 45 kg | Felony | 7 years | $ 500,000 |
| 45 kg or more | Felony | 15 years | $ 10,000,000 |
Cultivation | |||
| Less than 12 plants for personal use | No Penalty | None | $ 0 |
| 12 - 24 plants | Civil Infraction | None | $ 500 |
| 25 - 200 plants | Felony | 7 years | $ 500,000 |
| More than 200 plants | 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. | |||
| Possession of up to 15 g | No Penalty | None | $ 0 |
| Distribution of up to 15 g without remuneration | No Penalty | None | $ 0 |
Paraphernalia | |||
| Sale of paraphernalia | No Penalty | None | $ 0 |
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.
An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be marijuana concentrate.
Within a residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana cultivated on the premises.
An adult who possesses more than 2.5 ounces of marijuana within a residence must store the excess amount in a secure container. Possession of more than 2.5 ounces of marijuana and up to 5.0 ounces of marijuana is a civil infraction punishable by a maximum fine of $500 and forfeiture of the marijuana for a first offense.
Possession of more than 5.0 ounces of marijuana is a misdemeanor. No term of imprisonment will be imposed unless the possession involved violence or was "habitual, willful and for a commercial purpose."
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
- I.L. 2018, No. 1, Sec. 5.1 (a)
- I.L. 2018, No. 1, Sec. 5.1 (b)
- I.L. 2018, No. 1, Sec. 4.1 (i)
- I.L. 2018, No. 1, Sec 15.2(a)
- I.L. 2018, No. 1, Sec 15.4
- Michigan Code Section 333.7410a
- Michigan Code Section 333.7411
Sale or Distribution
An adult may transfer up to 2.5 ounces of marijuana to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public. Distribution of less than 5 ounces without remuneration is a civil infraction with no incarceration possible and a maximum $500 fine.
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 - 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
- I.L. 2018, No. 1, Sec. 5.1 (d)
- Michigan Code Section 333.7401(2)(d)
- Michigan Code Section 333.7410
Cultivation
An adult may grow up to 12 marijuana plants at the adult's residence for personal use.
An adult may not grow marijuana plants "if the plants are visible from a public place" or if the plants are growing outside of a secure area. A violation of this section is punishable as a civil offense with a fine not to exceed $100 and forfeiture of the marijuana.
The cultivation of up to 24 plants is a civil infraction with no incarceration and maximum $500 fine.
The cultivation of 25 - 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
- I.L. 2018, No. 1, Sec. 5.1(a)
- I.L. 2018, No. 1, Sec. 4.1 (f)
- I.L. 2018, No. 1, Sec. 15.1
- 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.
An adult may possess up to 15 grams of marijuana concentrate.
An adult may transfer up to 15 grams of marijuana concentrate to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public.
See
- Michigan Code § 333.7106
- People v. Campbell, 72 Mich App. 411 249 N.W.2d 870 (1977).
- I.L. 2018, No. 1, Sec. 5.1(a)
- I.L. 2018, No. 1, Sec. 5.1(b)
Paraphernalia
An adult may buy and use marijuana paraphernalia and may sell marijuana paraphernalia to another adult..
See
- I.L. 2018, No. 1, Sec. 5.2
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.
ASPEN LEGAL SEMINAR
5/30/2019
