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Are Cannabis Edibles Illegal in Michigan?

DISCLAIMER: Michigan-Edibles is not in any way, shape, or form lawyers. We are not giving out any legal advice on this blog post. We are giving general guidelines. Do not take any of this information as fact as only a Michigan cannabis lawyer will know the correct laws.

Are cannabis edibles illegal in Michigan? Believe it or not, asking this question is normal. It seems like every time I’m around my cannabis peers the topic of recreational edibles comes up. I thought it might be useful to combine some of the things I’ve learned over the years into one post.

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Since the beginning of legalization, Michigan marijuana edibles have been through a series of twists and turns.
 
As a result, it can be hard to understand when or even if you’re breaking the law while in possession of edible products. Let’s take a look through the history, laws, penalties, and limits behind edibles in Michigan.

Michigan Edibles History

From 2008 to 2018, Michigan cannabis-infused edibles could be GIVEN (no purchasing) to you from your primary caregiver. No caregiver / patient transaction can include cash. After this program started, some people opened dispensaries and defied the laws. They opened up and purchased caregiver ‘overages’ to sell to other patients. All cannabis operations shut down. They had to wait to get licensing while the government was writing up the new laws.

On November 6, 2018, Michigan voters passed Proposal 1, making Michigan the 10th state to legalize recreational marijuana. The law went into effect on December 6 2018. This means that adults 21 years or older can have and consume marijuana without a medical license.

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On Dec 6th, 2018 the CRA started giving out processing licenses in Michigan. The caregiver system remained unchanged.
 
Although the legalization of recreational marijuana is a major step forward for advocates of cannabis reform, there are still many gray areas when it comes to its sale and uses.

Cannabis Laws and Penalties

Michigan Cannabis Edible Legal Limits

Unfortunately, there isn’t a straightforward answer to the rules and laws and this might be up for debate. Please remember the disclaimer at the beginning of this post. WE ARE NOT LAWYERS. This information could be wrong.

But, if we use the concentrates limit, 15g, we can deduct that you can have up to 11,250 MG on you without penalty. That would be if the concentrate was to 75% THC. If you had 112, 100 MG edibles on you that would be the limit and you couldn’t get in any trouble. Allegedly in our opinion, of course. Please contact your lawyer for more information.

Federal Edible Cannabis Laws and Penalties

It is still illegal to have cannabis in any fashion unless it is under 0.3% THC in the laws of the Federal Government. This includes taking cannabis across state lines or mailing it. If you are caught with Michigan edibles out of state you could be in big trouble.

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Michigan state law allows for the buying and possession of marijuana edibles. But, under Federal law, cannabis is classified as an illegal and addictive drug. Its only use is therapeutic use in clinical trials.

In addition, although state law allows you to grow and consume marijuana-infused products in your home, there is currently no legal way to manufacture or distribute these products at the national level.

Congress is considering a bill to remove cannabis from the controlled substance list. H.R. 3617 is currently in the Senate but will most likely not pass.

So, are Cannabis Edibles Illegal in Michigan?

The short answer is no. But the long answer has many caveats.
 
  • You’re allowed to buy recreational marijuana in Michigan (i.e., if you’re 21 or older), and edibles are legal.
 
  • But, only licensed sellers can sell cannabis edibles (so no buying from your friend’s cousin’s friend’s uncle Keith).
 
  • Only state-licensed businesses can use weed for commercial sale and distribution—so if you have an idea for a cannabis bakery or candy store, make sure to read our post How to Legally Sell Edibles in Michigan

I hope this answered your question, and if not just contact us or provide your input in the comments below.

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