Definitely! But only in certain cases, as certain regulations are strange. To be within the law in Michigan while using marijuana, make sure to read until the end. And I’ll do my best to answer “Is Weed Legal in Michigan?”, below in my non-legal fashion.
Remember I’m just a woman with a blog and a cannabis passion. Never take any of this as legal advice, always consult a lawyer.
Randi Bagley
United States Federal Law & Cannabis
Back in the day, the Marihuana Tax Act of 1937 essentially banned cannabis nationwide. Reefer Madness, a cautionary film released a year prior, warned parents that drug dealers would target teenagers by inviting them to jazz parties and introducing them to marijuana.
Because of the panic, our federal government completely banned weed with the Controlled Substances Act of 1970. That meant no more legal weed anywhere in the United States. And unfortunately, this act is still in effect.
So technically, weed isn’t legal anywhere in the US. Unfortunately, THC (and friends) are STILL a schedule 1 drug according to our federal government.
31 states have approved the limited use of marijuana, 38 states have legalized medical marijuana, and 21 states allow recreational marijuana use. (As of December 2022).
Of course, one of the recreational cannabis states is Michigan.
So why the hell is legal Michigan weed tolerated? I suggest reading A Cannabis Conflict of Law: Federal vs. State Law. Because like I said before, it’s all still a bit strange!
Michigan Cannabis State Laws History
So to explain why weed is actually legal in Michigan we can look at the state law history.
Back in 2008, Michigan voters approved the Michigan Medical Marihuana Act (yes they spelled it that way). We still have the patient/caregiver model even though it may seem nonexistent now.
2016 saw the introduction of the Michigan Marijuana Facilities and Licensing Act. This permits businesses to grow and distribute marijuana with permission from the state and local authorities.
Finally, on November 6, 2018, we voted for recreational weed! Michigan cannabis voters swarmed the booths and approved Ballot Proposal 18-1. The vote was 56% in favor and 44% opposed. Michigan became the first Midwest state to legalize recreational marijuana.
Michigan Regulation and Taxation of Cannabis
Now that we know some of the histories let’s see what the Department of Licensing and Regulatory Affairs deems legal in Michigan. There are three sets of rules for the personal and commercial use of legal weed in Michigan. Caregiver, personal recreational, and commercial.
Caregiver/Patient Medical Marijuana Laws
Despite the commercial marijuana industry, Michigan’s MMFLA still stands. Caregivers must be mindful of the law when providing marijuana to their patients, including any limits on possession, cultivation, and transportation.
To become a Michigan cannabis caregiver or patient, follow the rules and consider hiring a lawyer.
Personal Recreational Marijuana Laws
Adults over the age of 21 can participate in legal weed in Michigan under these rules:
- Marijuana can only be used and possessed by people over the age of 21. This includes out-of-state persons as long as they have an ID.
- Just remember it’s FEDERALLY ILLEGAL to transport marijuana across state lines.
- Marijuana can be transported and possessed by adults up to 2.5 ounces of marijuana at a time.
- Up to 10 ounces of marijuana can be kept at home by adults; amounts greater than 2.5 ounces must be locked away.
- 12 marijuana plants are what adults may grow at home.
- DO NOT bring weed onto Federal land. This is under federal law, and marijuana is still illegal. This is a felony punishable offense!
- No marijuana product can be sold without a license from Licensing and Regulatory Affairs (LARA). You cannot sell any weed or products without a license from LARA.
- Do not operate vehicles or other machinery under the influence of marijuana.
- If you have marijuana products in your car, hide them. Don’t let them be visible in a public place.
- Marijuana is still illegal under federal law. If you use it, please consider whether federal laws apply. You cannot transport it across state lines!!!!
- Don’t drive high: You cannot operate a vehicle or other machinery while under the influence.
- You cannot sell any weed without a license from LARA. See Commerical Michigan Cannabis Licenses below.
Commercial Michigan Cannabis Licenses
Cannabis business entities can ask their local community and LARA permission to create and run legal ‘seed to sale’ licensed cannabis businesses. There are different kinds of commercial business licenses you can apply for in Michigan.
Michigan Recreational Commerical Cannabis License Types
- Class A Microbusiness
- Cultivation Indoor
- Cultivation Outdoor
- Greenhouse
- Retail Dispensary
- Processing
- Secure Transport
- Testing Laboratories / Safety Compliance
- Class A Microbusiness
- Microbusiness
- Events
- Hemp
Michigan Medical Marijuana Businesses License
- Cultivation Indoor
- Cultivation Outdoor
- Green House Cultivation
- Retail Dispensary
- Processing
- Testing Laboratories / Safety Compliance
- Secure Transport
- Hemp
So is Weed Legal in Michigan?
Yes, no, maybe so. It’s best to ask your lawyer about your specific situation. While writing this I just wanted to go over the basics of legal weed in Michigan. There is a lot of ground to cover on this subject which is why I keep repeating to get a lawyer.
Michigan offers caregiver/patient models, recreational use, and commercial licenses for legal cannabis. Just make sure if you are looking to do any of these things you consult a Michigan cannabis lawyer!
If you made it this far make sure to leave a comment below.
1 Comments
Theresa
December 22, 2022Good job, informative