Knowing what is legal and what isn’t in terms of cannabis can be confusing to say the least. A lot of states have laws which differ from the federal law. On top of this, you have state laws that differ from one another as well. If you live in Michigan and want to learn more about the MI marijuana law, then the only thing that you need to do is take a look below.
Marijuana is Legal in the State of Michigan
Marijuana is listed as being a Schedule I controlled substance. The drug is defined as having no medical use along with a highly abusive potential. The penalties for abuse are very high, and they often carry some of the harshest penalties. At a federal level, these regulations are very much true. That being said, each state in the country has the ability to change the laws regarding the use or sale. In the year 2018, Michigan became the very first Midwestern state to allow the use of recreational marijuana.
You might think that this means you can use the substance wherever you want, but this is not the case at all. Read on to find out more about MI marijuana law.
Using Marijuana in Michigan
In Michigan, only those who are over the age of 21 are allowed to use cannabis on a legal level. Michigan law states that if you do want to use cannabis, you must do so in a private location. It’s illegal for you to smoke or consume cannabis in a public place.
The amount that you are legally able to carry ultimately depends on your location. You may possess 10 ounces of marijuana in your residence, but you must carry no more than 2.5 ounces when you’re out in public. It’s also important to remember that some areas in the state do follow the federal law as opposed to the state law. Airports are federal property, and for this reason, they follow the federal law. It is illegal for you to have or possess cannabis here. It’s also illegal in government buildings such as prisons. Carrying cannabis in places that are frequently occupied by children, such as in schools or on a school bus is also illegal.
The Sale and Distribution of Cannabis in Michigan
Adults are able to transfer 2.5 ounces of cannabis to another person as long as the cannabis is not sold. The transfer should not be promoted to the public either. If you want a clearer explanation, then the transfer has to be a gift.
MI Marijuana Law and Cultivating Cannabis
In the state of Michigan, adults can grow no more than 12 plants in their home but this can only be for personal use. You cannot grow marijuana in a place that is visible to the public.
Starting a Cannabis Business
Recreational marijuana was legalized in 2018 and this led to a boom in those who wanted to start a cannabusiness. If you want to profit from this lucrative industry, then you need to make sure that you do a lot of legal work so you can establish your company on a legal level.
Until December 2021, those who want to start a cannabis business will need to get a license that allows you to operate on a medical level. When you have done this, you can then apply for an establishment license. The Michigan act for the taxation of marijuana, or the MRTMA requires every business owner to meet the following requirements.
You must be a resident of Michigan if you want to apply for a microbusiness license or a class A grower license.
If you want to apply for a class B or even class C grower license, then you’ll need to have a medical marijuana license. You’ll also need this license if you want to be a processor, secure transporter, retailer or anything else similar.
From December 2021, the residency requirement will cease, meaning anyone can apply for the license.
If you are interested in cultivating cannabis or industrial hemp then you will need to fill out the right paperwork so you can make sure that your business is firmly established.
About the Michigan Medical Marijuana Card
If you have a medical marijuana card, then this will show that you need to consume marijuana on a medical level. If you are travelling in an airport and the TSA find any kind of marijuana in your bag, then they won’t be able to check to see if your card is valid. They will then report the case to the police, and they will then decide if you are going to be issued with a criminal charge.
Penalties for Breaking the Law
If you want to protect yourself then you have to make sure that you keep these laws in mind. If you don’t then you may find yourself looking at the following punishments.
If you are found in possession of 2.5-5 ounces of marijuana and you are outside your home, then you may be looking at a fine of over $500. Possession of more than this happens to be a misdemeanor, but you will not be imprisoned unless the violation was willful, for a commercial purpose or habitual.
Sale and Distribution
If you are found with less than 5kg then this is a felony punishable with a maximum sentence of around 4 years. You will also face a fine, which is a maximum of $20,000.
If you are found with between 5 and 45kg then this is punishable with a sentence of up to 7 years and a fine up to $50,000.
If you are found with over 45kg then this is punishable by up to 15 years in prison along with a fine of up to $10,000,000.
Growing marijuana from a visible location or in an unsecure area is a civil infraction and the fine will not exceed $100. If you have up to 24 plants, then the fine will be up to $500.
If you need help with the marijuana laws that are present, then contact your lawyer. When you do, you can then be given the support you need.