Michigan Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession for Personal Use

Up to 2.5 ozNo PenaltyNone$ 0
Up to 10 oz in the homeNo PenaltyNone$ 0
More than 2.5 oz up to 5 oz (first offense)Civil InfractionNone$ 500
More than 5 oz (first offense)MisdemeanorNone$ 500

Sale or Distribution

Distribution of less than 2.5 oz without remunerationNo PenaltyNone$ 0
Distribution of less than 5 oz without remunerationCivil InfractionNone$ 500
Sale of less than 5 kgFelony4 years$ 20,000
Sale of 5 kg - 45 kgFelony7 years$ 500,000
45 kg or moreFelony15 years$ 10,000,000

Cultivation

*A term of imprisonment may be imposed if "the violation was habitual, willfull, and for a commercial purpose or the violation involved violence."
Less than 12 plants for personal useNo PenaltyNone$ 0
12 - 24 plants for personal useCivil InfractionNone$ 500
25 - 200 plants for personal useFelonyNone*$ 0 / $ 500,000
More than 200 plants for personal useFelonyNone*$0 / $ 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 gNo PenaltyNone$ 0
Distribution of up to 15 g without remunerationNo PenaltyNone$ 0

Paraphernalia

Sale of paraphernaliaNo PenaltyNone$ 0

Miscellaneous

In Ann ArborN/AN/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.

  • Michigan Code Section 333.7212 Web Search
  • Michigan Code Section 333.27955, Sec. 5.1 (a) Web Search
  • Michigan Code Section 333.27955, No. 1, Sec. 5.1 (b) Web Search
  • Michigan Code Section 333.2754, No. 1, Sec. 4.1 (i) Web Search
  • Michigan Code Section 333.27965, Sec 15.2(a) Web Search
  • Michigan Code Section 333.27955, No. 1, Sec 15.4 Web Search
  • Michigan Code Section 333.7410a Web Search
  • Michigan Code Section 333.7411 Web Search

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.

  • Michigan Code Section 333.27955, Sec. 5.1 (d) Web Search
  • Michigan Code Section 333.7401(2)(d) Web Search
  • Michigan Code Section 333.7410 Web Search

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 for personal use is a civil infraction with no incarceration and maximum $500 fine.

The cultivation of 25 – 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”

The cultivation of more than 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”

  • Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
  • Michigan Code Section 333.27954, Sec. 4.1 (f) Web Search
  • Michigan Code Section 333.27965, Sec. 15.1 Web Search
  • Michigan Code Section 333.7401 Web Search

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.

  • Michigan Code § 333.7106 Web Search
  • People v. Campbell, 72 Mich App. 411 249 N.W.2d 870 (1977). Web Search
  • Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
  • Michigan Code Section 333.27955, Sec. 5.1(b) Web Search

Paraphernalia

An adult may buy and use marijuana paraphernalia and may sell marijuana paraphernalia to another adult..

  • Michigan Code Section 333.27955, Sec. 5.2 Web Search

Miscellaneous

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

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.

More Information

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

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Legalization

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

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.