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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) No Penalty None $ 500
More than 5 oz (first offense) Misdemeanor None $ 500

Sale or Distribution

Less than 2.5 oz without remuneration No Penalty None $ 0
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 12 plants for personal use No Penalty None $ 0
12 - 20 plants Felony 4 years $ 200,000
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.
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 containerPossession 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 renumeration and the transfer is not advertised or promoted to the public.

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

  • 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 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

  • 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 renumeration 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.