Michigan Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Michigan?

As defined in Section 333.7401 of the Michigan Compiled Laws, marijuana possession with intent to distribute is an offense where a person manufactures, creates, delivers, or carries cannabis products with the aim of transferring them to others. Marijuana possession is different from possession with intent to distribute. A simple marijuana possession offense means that a person is carrying or in control of marijuana products illegally. Recreational marijuana was legalized in Michigan through the Michigan Regulation and Taxation of Marijuana Act. According to Section 333.27954 of the Michigan Compiled Laws, adults 21 years or older can legally possess, consume, obtain or transport cannabis products in the state.

The possession limit for marijuana in Michigan is 2.5 ounces. However, eligible persons cannot carry or consume cannabis products on school grounds, on school buses, or when visiting correctional facilities. The penalties for simple marijuana possession are milder than those for marijuana possession with intent to distribute. Generally, for an offender to be charged for marijuana possession with intent to distribute, there must be substantial evidence suggesting that an offender intended to sell the marijuana products found in their possession. Otherwise, they may be charged for cannabis possession. The possible penalties for marijuana possession in Michigan are outlined in Section 333.27965 of the Michigan Compiled Laws.

Can You Enter a Dispensary at 18 in Michigan?

No. The Michigan Regulation and Taxation of Marijuana Act stipulates that only patients up to 21 years old can legally visit cannabis dispensaries or purchase marijuana supplies from them.

Can You Enter a Dispensary Without a Card in Michigan?

In Michigan, recreational marijuana users 21 years or older do not require special registry cards to purchase marijuana from dispensaries. However, they must provide valid photo identification to prove that they are eligible for recreational cannabis. Per the Michigan Medical Marijuana Act, registered patients must show their medical marijuana registry identification cards and valid government-issued photo identification at dispensaries.

What Are the Penalties for Possession With Intent To Distribute First Offense in Michigan?

Per Section 333.7401(2)(d) of the Michigan Compiled Laws, the penalties for marijuana possession with intent to distribute in the state are as follows:

  • Imprisonment for a maximum of 15 years, $10,000,000 maximum fine, or both if an offender distributes up to 45 kilograms of marijuana products or 200 plants
  • Imprisonment for up to 7 years, $500,000 maximum fine, or both if the amount of marijuana distributed is up to 5 kilograms but less than 45 kilograms or between 20 to 199 cannabis plants
  • A maximum fine of $20,000, 4 years maximum jail term, or both if an offender distributes less than 5 kilograms of cannabis or 20 marijuana plants

Marijuana is illegal at the federal level due to its classification as a Schedule 1 controlled substance under the United States Controlled Substances Act (CSA). The federal punishments for marijuana possession with intent to distribute are more severe than the penalties outlined in the Michigan Compiled Statutes. As stated in Title 21, Section 841 of the United States Code, possessing less than 50 plants or 50 kilograms of marijuana products with intent to distribute is punishable by up to 5 years imprisonment or a $250,000 fine. If an offender is caught with 50 to 99 cannabis plants or between 50 and 99 kilograms of marijuana products, they could face up to 20 years jail term and a $1,000,000 fine. Possession of up to 1,000 kilograms of marijuana products or 1,000 plants with intent to distribute can attract life imprisonment and up to $1,000,000 in fines.

Is It Legal To Sell Weed in Michigan?

Yes. The provisions of the Michigan Regulation and Taxation of Marijuana Act make it legal to sell marijuana products in the state. Although this Act allows adults 21 years or older to transfer up to 2.5 ounces of cannabis products to other adults, they cannot sell cannabis without a license. Therefore, there must be no monetary or non-monetary exchange when cannabis is given out. To legally sell marijuana for recreational use in Michigan, a person must obtain a marijuana retailer license from the Michigan Cannabis Regulatory Agency (CRA). Also, according to the Michigan Medical Marijuana Facilities Licensing Act (MMFLA), licensed medical marijuana provisioning centers can legally dispense marijuana products to registered medical marijuana patients in the state.

How To Sell to Dispensaries in Michigan?

It is legal to sell marijuana to recreational cannabis dispensaries in Michigan. Sellers must be adequately licensed by the Michigan Cannabis Regulatory Agency (CRA). Individuals and business entities often sell cannabis products to marijuana dispensaries because of the financial prospects of such transactions. According to the Michigan Regulation and Taxation of Marijuana Act, recreational marijuana retailers in the state can obtain cannabis supplies from licensed marijuana growers or processors.

Furthermore, as stipulated in the Michigan Medical Marijuana Facilities Licensing Act (MMFLA), licensed medical marijuana businesses can purchase cannabis supplies from other establishments. Medical marijuana provisioning centers may obtain cannabis products from licensed medical marijuana growers or processors. Therefore, to legally sell marijuana to dispensaries for medical use, a business or individual must be appropriately licensed. Marijuana microbusinesses can dispense cannabis products to eligible adults 21 years or older for recreational use. According to the Michigan Regulation and Taxation of Marijuana Act, microbusiness licensees can cultivate up to 150 plants, process and package cannabis products, and sell them to eligible individuals. They do not purchase their marijuana supplies from other businesses.

How To Get a Distribution License in Michigan

Typically, marijuana distribution licenses allow persons to sell cannabis products to dispensaries. This allows sellers to benefit from the legal cannabis market. Neither the Michigan Medical Marijuana Facilities Licensing Act (MMFLA) nor the Michigan Regulation and Taxation of Marijuana Act have provisions for cannabis distribution licenses. Therefore, to legally sell cannabis supplies to recreational or medical marijuana dispensaries in Michigan, persons must obtain licenses peculiar to the type of cannabis operation they want to conduct. Prospective licensees may visit the license application section on the Michigan Cannabis Regulatory Agency (CRA) website, provide the required information and fees, and submit their applications.

Michigan Marijuana Distribution Laws
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