Michigan Marijuana Trafficking Laws

Can You Mail Weed Legally in Michigan?

No. Michigan residents cannot legally mail weed in the state. Although the state has legalized medical and recreational use, mailing weed is a violation of federal drug law. The Drug Enforcement Authority classifies marijuana as a Schedule I substance since it is unstable and has a high chance of abuse.

The United State Postal Service is a federal government agency that complies with federal law by rejecting parcels containing marijuana. Third-party mailing agencies such as UPS, DHL, and FedEx are also subject to federal law. However, after the 2018 Farm Bill passed, hemp (cannabis with less than 0.3% THC) became legal. Thus, Michigan residents can mail hemp products legally via the USPS or third-party mailing agencies.

What Are the Penalties for Transporting Edibles Across State Lines in Michigan?

Transporting edibles across state lines is a federal offense. Edibles are food products mixed with marijuana, such as brownies, candy, and drinks. Generally, residents should note that several factors, including the following, can influence the punishment for trafficking edibles:

• Whether or not the person is a first-time or repeat offender
• The quantity of the edibles

The following are penalties for trafficking edibles (marijuana mixture) according to the DEA’s Resource Guide:

• 50kg of edibles or less - Not more than 5 years in jail and a $250,000.00 fine.
• 50kg - 99kg of edibles - Not more than 20 years in jail and a $1,000,000.00 fine.
• First-time offender transporting 100kg to 999kg of edibles - Minimum of 5 years in jail and a maximum fine of $5,000,000.00 for an individual or $25,000,000.00 if not an individual.
• Second-time offender - Minimum of 10 years in jail and a maximum of $25,000,000.00 in fines for an individual, or $75,000,000.00 if not an individual.
• First-time offender transporting 1,000kg or more of edibles - Jail sentence of 10 years to life imprisonment and a $10,000,000.00 fine for an individual or $50,000,000.00 if not an individual.
• Second-time offender - Minimum jail time of 20 years and a $20,000,000.00 fine for an individual or $75,000,000.00 if not an individual.

Michigan residents should note that adults are legally allowed to carry up to 15 grams of edibles within the state. Also, adults may transfer up to 15 grams of edibles to another adult if the transfer is non-transactional and is not promoted to the public.

How to Get a Drug Trafficking Charge Dismissed in Michigan

The following are tactics to help get a drug trafficking charge dismissed in Michigan:

Claim the weed was for personal use

Since marijuana is legal in Michigan for medical and recreational purposes, the defense team can claim that the weed was only for personal use. This is especially helpful if the individual is carrying:

• No more than 16 ounces of solid cannabis-infused products
• No more than 7 grams of gaseous cannabis-infused products
• No more than 36 ounces of cannabis-infused product in fluid form

Lack of substantial evidence

The defense lawyer can point out that the prosecutor’s evidence is insufficient to justify the accused. The law enforcement team must prove otherwise or lose the case.

Inappropriate means of procuring evidence

Besides presenting substantial evidence, the prosecutors must ensure that evidence procurement is lawful. The court may declare the evidence inadmissible if the defense team can prove the prosecutors obtained it illegally.

Working with the law enforcement agency

In some cases, law enforcement may offer to drop the charges in exchange for the accused person’s cooperation. The prosecution may reduce or drop the charges if the information provided helps uncover more crimes.

Drug Trafficking Facts in Michigan

According to the Michigan Public Health Code, drug trafficking involves the manufacture, delivery, or possession of a controlled substance with the intent to manufacture, create, or deliver it.

In Michigan, drug trafficking violations are charged as a felony. Convicted individuals may lose certain rights, such as:

• The right to vote (this is applicable while the individual is in jail)
• The right to own a firearm for three to five years after release from jail.

The state also categorizes felony convictions into eight classes. Class A felonies are the most severe, punishable by life imprisonment. On the other hand, Class H felonies carry the shortest prison sentence, usually one year. In some cases, a Class H felony may only result in probation.

There are several Michigan government agencies concerned with drug trafficking. These agencies cater to multiple jurisdictions within the state. Some of them are:

• West Michigan Enforcement Team (WEMET)
• Flint Area Narcotics Group (FANG)
• Huron Undercover Narcotics Team (HUNT)
• Mid Michigan Area Group Narcotics Enforcement Team (MAGNET)
• Mid Michigan Investigative Narcotics Team (MINT)
• Bay Area Narcotics Enforcement Team (BAYONET)
• Southwest Enforcement Team (SWET)

Agencies concerned with drug trafficking at the federal level include:

• Drug Enforcement Authority (DEA)
• Organized Crime Drug Enforcement Task Forces (OCDETF)
• Bureau of International Narcotics and Law Enforcement Affairs

According to a report from the Justice Department, Detroit is the largest and most influential drug market in Michigan. The report also revealed the amount of marijuana seized at the Detroit Port of Entry from 2004-2006:

• 1304.2 kg of Marijuana in 2004
• 2534.2 kg of Marijuana in 2005
• 1373.0 kg of Marijuana in 2006

How Many Grams of Weed Is Considered Trafficking in Michigan?

In Michigan, transporting up to five kilograms of weed is considered trafficking. The Michigan Public Health Code addresses the state's rules and penalties depending on the following factors:

• The quantity of the weed
• Whether the accused is a first, second, or repeat offender
• Whether the offense involved individuals less than 21 years old
• Where the traffickers were caught (schools or parks)
• If the accused had a gun while trafficking
• Whether the violation resulted in serious injury or death

It is helpful to note that the penalties for trafficking other drugs differ from the penalties for trafficking weed. In Michigan, drugs are categorized from Schedule I to Schedule V based on their stability and medical application. While marijuana is a Schedule I drug, others like codeine and ketamine are classified as Schedule III.

Residents should also note that second and subsequent drug trafficking convictions increase applicable penalties. For instance, an individual charged with trafficking Schedule I or II drugs for the third time may face life in prison and a fine of $20,000,000.00.

What Are the Weed Trafficking Consequences in Michigan?

Below are the penalties for trafficking weed in Michigan:

• An individual that sells less than five kilograms of marijuana is liable to a maximum fine of $20,000.00 and a 4-year jail sentence.
• An individual that sells between 5 kilograms and 45 kilograms of marijuana is liable to a fine of $500,000.00 and a maximum jail sentence of 7 years.
• An individual that sells 45 kilograms of marijuana or more is liable to a maximum fine of $10,000,000.00 and jail time of 15 years.

How to Transport Weed Legally in Michigan

In Michigan, individuals are advised to obtain a secure transporter license to transport weed. The license is obtainable from the state’s Cannabis Regulatory Agency and costs $25,000.00. According to the agency’s requirements, the following rules apply to marijuana transporters:

• The transporter must be 21 years or older.
• The delivery must be completed within 48 hours.
• The vehicles must be registered with the Michigan Secretary of State along with proof of insurance.
• All transactions must be recorded in a Michigan tracking system. Cash shipments must also be recorded and tracked.
• The transporter must have a primary business location within a municipality that is registered with the Medical Marijuana Facility Licensing Act (MMFLA).
• Persons convicted of a felony cannot obtain a secure transporter license.

Parties should note that Michigan secure transporters must not smoke in moving or parked vehicles. Also, the law considers it illegal to have an open weed container or have a container with a broken seal in the vehicle’s passenger area.