In Berrien County, cannabis for recreational use and medical use is allowed. The Cannabis Regulatory Agency (CRA) is authorized to provide regulations on safe consumer access to cannabis, which also stimulates business growth for cannabis establishments. The Michigan Regulation and Taxation of Marihuana Act (MRTMA) regulates the use and possession of cannabis by adults aged 21 years or older and provides for the rules on the lawful cultivation of cannabis plants, among others. Meanwhile, the Michigan Medical Marihuana Act/documents/mcl/pdf/mcl-Initiated-Law-1-of-2008.pdf) embodies the provisions regarding proper medical marijuana use of qualifying patients.
Cannabis cultivation for medical use is allowed in Berrien County. Qualifying patients who opt to grow their cannabis plant or designated caregivers who may grow cannabis plants on behalf of the patient may cultivate no more than 12 cannabis plants in an enclosed, locked facility. An enclosed, locked facility means a room, closet, or fully enclosed area equipped with security locks and devices that permit access only to qualifying patients and primary caregivers. Cannabis plants grown outdoors are considered in enclosed, locked facilities when they are not visible to the public without special gadgets, such as binoculars.
Adopting the state laws on cannabis cultivation, Berrien County adults may grow up to 12 cannabis plants at home. Individuals under 21 are prohibited from cultivating marijuana. When cultivating marijuana, the plant must not be visible to the public without using optical aids or planted outside an enclosed area equipped with locks and security features.
A marijuana grower is licensed to cultivate marijuana and sell or transfer marijuana to other marijuana establishments. Their cultivation area may be outdoors or in greenhouses, subject to the conditions set by the Marijuana Rules. Three marijuana grower licenses are issued to establishments depending on many cannabis plants they are allowed to cultivate. The licensee must not grow cannabis plants that exceed the required maximum. The classes of marijuana grower licenses are:
Meanwhile, marijuana microbusinesses are authorized to grow not more than 150 marijuana plants, process and package marijuana products, and sell marijuana to adults who are 21 years old.
Yes, cannabis manufacturing is allowed in Berrien County. The following may manufacture cannabis:
Recreational users may process 2.5 ounces or less of marijuana, except that not exceeding 15 grams of marijuana concentrate may be processed. Cannabis consumers may process no more than 10 ounces of marijuana within a person’s residence.
Marijuana processors are licensed to acquire marijuana from other marijuana establishments for processing and packaging marijuana products. They may afterward sell these products to marijuana establishments. Public display of manufacturing cannabis is prohibited under the rules. The processor’s location must follow the address stated in the license application approved by the Department of Licensing and Regulatory Affairs (LARA) and within an enclosed area, secured enough to restrict unauthorized persons. All transactions, current inventory, and other information regarding marijuana production must be entered into the statewide monitoring system, Metrc.
No marijuana processor is allowed to manufacture edible marijuana-infused candy in packages or shapes that are attractive to children or confusingly similar to regular candy that does not contain marijuana.
Yes. Licensed marijuana retailers may sell or transfer marijuana to other marijuana establishments and individuals above the age of 21. Cannabis dispensaries must only sell marijuana that is appropriately labeled, containing relevant information about the product. Like marijuana processors, they may not sell cannabis edibles that are packaged in a way that is attractive to children or confusingly similar to commercially sold candy. The packaging must be opaque, resealable, and child-resistant, which is invented to be difficult for children to open but not too difficult for adults to use properly. Their marketing strategy shall consider how their advertisements may appeal to the youth.
Marijuana retailers may only sell an amount of marijuana allowed by law. Recreational users must be over 21 to have up to 2.5 ounces of cannabis or not more than 15 grams of cannabis concentrate. They may keep up to 10 ounces of cannabis at home. While recreational use of marijuana is allowed, adults must not use cannabis in public, like in parks, schools, and sidewalks. Similarly, qualifying patients shall possess and use up to 2.5 ounces of medical marijuana. The LARA must have licensed every marijuana product sold.
Marijuana-infused products include tinctures, topical formulations, beverages, edibles, or other similar products containing usable marijuana intended for human consumption, except smoking. To determine marijuana equivalency, the following are equivalent to 1 ounce of usable marijuana:
Yes. Marijuana delivery is approved for customers and qualifying patients who are 21 years old to their residential addresses or designated consumption establishments. Customer consent is needed for retail delivery services, while a patient acknowledgment of the release of information is required for home delivery services.
The marijuana retailer must verify and confirm the customer/patient’s identity, address, and age for the valid sale and delivery of marijuana products. In addition, the patient must be registered with the Michigan Medical Marijuana Program (MMMP).
To obtain a medical marijuana patient registry card, the Administrative Rules for the Michigan Medical Marihuana Program require applicants to comply with the following:
The written certification shall serve as proof that the physician diagnosed their patient with any of the debilitating medical conditions. Being diagnosed or treated with any of the mentioned medical conditions is a prerequisite to receiving medical marijuana. The debilitating medical conditions are:
In addition, chronic diseases or medical condition or their treatment that produces any of the following may qualify a patient to receive medical marijuana:
Michigan Medical Marijuana Program
Department of Licensing and Regulatory Affairs
Cannabis Regulatory Agency
P.O. Box 30083
Lansing, MI 48909
Phone Number: 517-284-8599
Email: CRA-MMMPINFO@michigan.gov
Apart from other taxes in the state, a rate of 10% excise tax is imposed on each marijuana retailer and marijuana microbusiness for the sale price of marijuana products sold or transferred to consumers. The Department of Treasury is responsible for tax administration imposed by the MRTMA. It shall promulgate rules that prescribe a method and manner for tax payment to ensure proper tax collection.
As of May 2023, the CRA released the April 2023 Monthly Report, which contains product sales of adult-use marijuana and medical marijuana in Michigan. Adult-use establishments garnered more than $238 million in sales, with marijuana flowers selling the highest at more than $114 million. Meanwhile, medical marijuana facilities collected over $7.8 million in sales, with marijuana flowers also selling the highest at over $3.6 million.
Adult use of marijuana in Michigan was finally approved in 2018, while medical use of marijuana has been legal in the state since 2008.
The data pulled from FBI Crime Data Explorer showed that the Berrien County Sheriff’s Office made 141 driving under the influence arrests in 2017 alone. Two years after adult-use marijuana was legalized, DUI arrests reduced to 129 and 127 in 2019 and 2020.
As for the illegal possession of marijuana, there were 136 arrests in 2017. In 2019 and 2020, the number of arrests decreased to 7 and 14, respectively. Meanwhile, the authorities reported 13 arrests for the illegal sale/manufacturing of marijuana in 2017. Then in 2019, no arrests were recorded for the same offense. However, by 2020 one arrest was made in the county.