Michigan Marijuana Limitations

What Happens If I am Under 21 and Caught Carrying or Using Cannabis?

It is illegal for anyone below the age of 21 to possess or use cannabis in Michigan. The only exception is for patients under the age of 21 with qualifying conditions and medical marijuana ID cards. Underage residents caught with cannabis are penalized in similar ways whether they are juveniles or between the ages of 18 and 21. In addition to seizing the weed in their possession, Michigan has the following penalties for anyone under the age of 21 caught carrying or using cannabis:

• First Offense - A $100 fine
• Secondo Offense - A $500 fine

In addition to these penalties, Michigan will also send juvenile offenders to drug education classes. Therefore, anyone under the age of 18 caught with cannabis will appear in the state's juvenile court and will be required to complete four hours of drug education/counselling sessions in addition to the $100 fine for a first offense. A second offense is punished by eight hours of drug education/counselling. The judge may punish an offending juvenile with community service in place of a fine.

While both first and second offenses are infractions, a third offense is a misdemeanor. Michigan punishes a third instance of cannabis possession and usage for underage offenders with bigger fines, jail time (for those older than 18 and younger than 21) or detention (for those under the age of 18), probation, and community service.

Where Is It Legal to Smoke Weed in Michigan?

It is legal to smoke weed in private spaces in Michigan. Patients qualified for medical marijuana and adults aged 21 and over can smoke weed in their homes and in the homes of acquaintances who permit it. Smoking weed in public is generally prohibited in Michigan. The state prohibits consuming marijuana in public places and in public view. Residents also must not smoke weed or consume other cannabis products in establishments and homes where marijuana use is prohibited. Smoking weed is also banned on school grounds and at correctional facilities.

Michigan's prohibition of public consumption of cannabis has a few exceptions. One of these is weed consumption in shared places designated for marijuana use. Some municipalities have such designated locations and ensure they are not accessible to individuals under the age of 21.

Smoking weed in a privately owned and personal vehicle is also prohibited in Michigan, regardless of whether the vehicle is moving or stationary. Michigan also prohibits smoking weed in the passenger seats of vehicles. Driving while high after or while smoking weed is a violation of Michigan's Drugged Driving laws. It is also illegal to smoke weed on the campus of a Michigan college or university that receives federal funding.

Public consumption of marijuana is a civil infraction in Michigan. However, a third violation is a misdemeanor. In addition to seizing the marijuana found in possession of the offender, the state has the following penalties for anyone caught smoking weed in public:

• First offense - A $500 fine
• Second offense - Fine up to $1,000
• Third offense - Fine up to $2,000

Can I Leave Michigan with Cannabis?

No. While cannabis is legal in Michigan, it is illegal in some other states and still regarded as a controlled substance by federal law. Therefore, it is illegal to leave the state with cannabis regardless of the mode of transportation. Anyone caught leaving Michigan with cannabis by road or flying out of the state will be prosecuted according to federal laws. It is also illegal to mail cannabis out of the state. Visiting an adjoining state where cannabis is fully legal is also a federal crime as state borders are under federal jurisdiction.

Will Cannabis Affect My Driving Record in Michigan?

Yes. Michigan uses a point system to keep track of traffic violations and punish offenders accordingly. Most traffic violations in the state are infractions but some qualify as misdemeanors and felonies. Most traffic violations in Michigan are punished with fines and compulsory driving, alcohol, and drug education/counseling sessions. However, serious violations may attract jail terms or lengthy imprisonments.

Motorists found to be operating motor vehicles while using cannabis are guilty of Michigan's driving laws. Those impaired by cannabis use are also guilty even if they use before taking the wheels. If convicted of a traffic violation, a point will be assigned and put on the offender's driving record. Points assigned stay on offenders' driving records for two years from the dates of conviction.

Cannabis-related traffic violations in Michigan are assigned four and six points depending on their severity. Michigan also adds points from violations committed while operating a snowmobile or off-road vehicle.

While Michigan's traffic laws do not make exemptions for medical marijuana patients, the Michigan Supreme Court made certain concessions to qualifying patients found driving with cannabis in their bodies. The ruling of this court in the People vs. Koon in 2013 confirmed that the state's Michigan Medical Marihuana Act superseded its drugged driving laws. The court struck down criminal charges brought against the defendant, a certified medical marijuana user, for lack of proof that their cannabis use impaired their driving. This judgement reduced the number of points the state can put on the defendant's driving record.

Can I Get an OWI If I Drive While I am High?

Yes. Michigan prohibits consuming marijuana while operating a motor vehicle, a motorboat, an aircraft, an off-road recreational vehicle, or a snowmobile. The state has three categories of drugged driving charges for anyone caught operating a motor vehicle while high. These are:

• OWI - Operating While Intoxicated
• OWVI - Operating While Visibly Intoxicated
• OWPD - Operating With Any Presence of Schedule 1 Drug or Cocaine

OWI is the charge brought when the offending motorist has enough cannabis or its metabolite in their body to impair the safe operation of a vehicle. OWVI is the term used for an OWI charge resulting from driving when impairment is easy to spot. While an OWI charge may require a chemical test, an OWVI offense is obvious. OWPD is a specific charge against anyone operating a motor vehicle with any amount of a Schedule 1 Drug (marijuana is one) in their body even if they are not high and do not appear impaired.

Michigan has severe penalties for individuals charged with OWI, OWVI, and OWPD. Penalties for first offenses are:

• OWI and OWPD - A $100 - $500 fine and up to 93 days in jail and/or up to 360 hours of community service. The offender's driver's license will also be suspended for 30 days and then restricted for 150 days. Six points will be added to the offender's driving record and their vehicle may be immobilized or equipped with an ignition interlock device
• OWVI - A maximum fine of $300 and up to 93 days in jail and/or up to 360 hours of community service. The offender's driver's license will be restricted for 180 days and their vehicle may be immobilized for a period. Four points will be added to their driving record

A second offense within 7 years of the first offense attracts more severe penalties including:

• OWI - A $200 - $1,000 fine and up to 1 year in jail and/or 30 - 90 days of community service. Revocation of driver's license for at least 1 year or at least 5 years if license was revoked during the past 7 years. Confiscation of the offender's vehicle license plate. Vehicle immobilization for 90 - 180 days and possible vehicle forfeiture. Six points added to offender's driving record
• OWVI - same penalties as for OWI but with four points added to the offender's driving record

A third offense at any point later is a felony and attracts the most severe penalties. Penalties for OWI and OWVI are the same and include:

• A minimum fine of $500 and a maximum fine of $5,000
• 1 - 5 years in prison or probation following 30 days to 1 year in jail
• Community service taking up 60 - 180 days
• Revocation of driver's license for a minimum of 1 year or a minimum of 5 years if there was a prior revocation in the last 7 years. A later-offense driver's license revocation is triggered by prior two OWI or OWVI convictions in the last 7 years or three convictions within 10 years
• Confiscation of license plate
• Vehicle immobilization for 1 - 3 years unless the offender forfeits their vehicle
• Possibility of vehicle forfeiture
• Denial of new vehicle registration

A third OWI offense adds 6 points to the offender's driving record while a third OWVI offense adds 4 points to their record.

In Michigan, an OWI, OWVI, or OWPD resulting in a death or serious injury is a felony and punished severely. The penalties for causing the death of another or serious injuries while driving when high are:

• Death - up to 15 years imprisonment, or fine of $2,500 - $10,000, or both
• Death of an Emergency Responder - up to 20 years imprisonment, or fine of $2,500 - $10,000, or both
• Injury - up to 5 years imprisonment, or a fine of $1,000 - $5,000, or both
• Revocation of driver's license for a minimum of 1 year or a minimum of 5 years if there was a prior revocation in the last 7 years
• Confiscation of license plate
• Vehicle immobilization for 1 - 3 years unless the offender forfeits their vehicle
• Possibility of vehicle forfeiture
• Six points added to the offender's driving record

Can I Buy Marijuana in Michigan?

Yes, as long as you meet the state's requirement for marijuana possession and use. The Michigan Regulation and Taxation of Marihuana Act allows adults aged 21 and above to legally buy marijuana from state-licensed dispensaries. The Michigan Medical Marihuana Act made it legal for patients with qualifying medical conditions and valid medical marijuana ID cards to buy marijuana from dispensaries licensed to offer medical cannabis. This Act allows qualifying residents as young as 18 to buy marijuana.

Where Can I Buy Marijuana in Michigan?

Michigan allows adults and qualifying patients to legally buy marijuana from licensed marijuana dispensaries and shops. Patients can purchase marijuana from medical marijuana dispensaries while adults can do so from recreational marijunana shops. As of June 2021, Michigan has 410 medical marijuana dispensaries and 260 recreational marijuana shops. In the first half of 2021, the state approved 46 new medical marijuana dispensaries and issued licenses to 45 new recreational marijuana shops.

Note that Michigan allows its municipalities to determine whether they want to offer recreational marijuana or not. Some municipalities choose not to have establishments selling adult-use cannabis. The Marijuana Regulatory Agency (MRA) publishes a list of Michigan counties, cities, and townships that have opted out of providing recreational marijuana.

How Much Is Marijuana in Michigan?

Just as in other states, the price of marijuana in Michigan varies significantly and is determined by factors like location and weed strain. Overall, one-eighth of an ounce of marijuana costs between $45 and $65 in early 2020. These high prices are mainly due to the few growing facilities licensed in the state to cater for the medical and adult-use marijuana markets. Marijuana prices are lower in 2021 as more growing facilities open. One-eighth of an ounce of marijuana costs around $35 - $45 depending on quality. The average price of 1 gram of marijuana in Michigan is between $11 and $18.

How Much Marijuana Can I Legally Have?

In Michigan, adults aged 21 and older can legally possess:

• Up to 2.5 ounces (70 grams) of marijuana
• No more than 15 grams (0.53 ounces) of marijuana concentrate
• Up to 10 ounces (280 grams) of marijuana at home
• Up to 12 marijuana plants cultivated in locked and enclosed sections of their homes

Approved medical marijuana users have the same possession limits as adults aged 21 and above. However, Michigan also allows this category of users additional concessions. Therefore, a qualifying patient can legally have:

• Up to 2.5 ounces (70 grams) of marijuana
• No more than 15 grams (0.53 ounces) of marijuana concentrate
• Up to 12 marijuana plants cultivated in locked and enclosed sections of their homes
• Up to 16 ounces of cannabis-infused solid products
• Up to 36 fluid ounces of liquid cannabis products

Medical marijuana patients in Michigan also have a maximum purchase limit of 10 ounces of marijuana per month.

Where is Weed Legal?