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Michigan  Marijuana Laws

Penalty Details
Possession
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.

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.

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 – 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.

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.

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.”

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.

Michigan Medical Marijuana Laws

QUALIFYING CONDITIONS
Alzheimer’s disease
Amyotrophic Lateral Sclerosis
Cachexia or wasting syndrome
Cancer
Chronic pain
Crohn’s disease
Glaucoma
HIV or AIDS
Hepatitis C
Nail patella
Nausea
Post-traumatic stress disorder (PTSD)
Seizures
Severe and persistent muscle spasms
PATIENT POSSESSION LIMITS
Two and one-half ounces of usable marijuana

HOME CULTIVATION
Yes, no more than 12 marijuana plants kept in an enclosed, locked facility. OR, outdoor plants must not be “visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure” and must be “grown within a stationary structure that is enclosed on all sides, except the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached or affixed to the ground, located on land that is owned, leased, or rented” by the registered grower and restricted to that grower’s access.

STATE-LICENSED DISPENSARIES ALLOWED
Yes, under a package of new laws that took effect December 20, 2016, regulators must now establish rules governing the licensing of dispensary operators.

MEDICAL MARIJUANA STATUTES
Mich. Comp. Law § 333.26424(j) (2008)
Mich. Comp. Law §§ 333.26423; 333.26426(d) (2008)
Public Acts 281-283 of 2016

CAREGIVERS
Yes, primary caregiver is a person who has agreed to assist with a patient’s medical use of marijuana. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a felony involving illegal drugs, or must not have been convicted of any felony within the last ten years, or any violent felony ever.. Each patient can only have one primary caregiver. The primary caregiver may assist no more than 5 qualifying patients with their medical use of marijuana. State-qualified caregivers must not have been convicted of any felony within the last ten years, or any violent felony ever.

ESTIMATED NUMBER OF REGISTERED PATIENTS
218,556
Source: Michigan Department of Licensing and Regulatory Affairs

RECIPROCITY
Yes, other state, district, territory, commonwealth, or insular possession of the U.S. must offer reciprocity to have reciprocity in Michigan.