Yes. Adult-use marijuana and medical marijuana are legal in Muskegon County. In 2018, the Michigan Regulation and Taxation of Marihuana Act (MRTMA) permitted personal possession use of marijuana and allowed the cultivation and sale of marijuana and industrial hemp by persons who are 21 or older. On the other hand, in 2008, the Michigan Medical Marihuana Act allowed the medical use of marijuana and provided protections for its use. It created a system of registry identification cards for qualifying patients and primary caregivers. The Cannabis Regulatory Agency (CRA) issues marijuana establishment licenses and regulates the marijuana program in the State of Michigan.
According to the MRTMA, a marijuana grower license or a marijuana microbusiness license allows an establishment or a person to cultivate marijuana and sell or transfer marijuana to another marijuana establishment. A marijuana grower license authorizes the grower to cultivate not more than the following number of marijuana plants under their indicated license class:
Class A - 100 mature marijuana plants
Class B - 500 mature marijuana plants
Class C - 2,000 mature marijuana plants.
Meanwhile, a licensed marijuana microbusiness means a person may cultivate up to 150 marijuana plants, process and package marijuana, and sell or transfer marijuana to adults aged 21 or to a marijuana safety compliance facility, but not other marijuana establishments.
Licensed cultivators may only operate in an area zoned for industrial or agricultural purposes. Its operations must be within a building that meets the security requirements, has a building permit, and passes the inspections under the Marijuana Rules. Notwithstanding this rule, cultivation may occur outdoors or in greenhouses if the following conditions are met:
The cultivation area is contiguous with the building, fully enclosed by barriers or fences that ensure marijuana plants are away from public view without using optical aids (binoculars, aircraft, etc.)
The barriers or fences are secured and comply with applicable security measures
After harvest, all the drying, curing, trimming, or packaging of marijuana takes place inside the building
The building meets security requirements, has a building permit, and passes the inspections.
It shall be lawful for adults (21 years old) to cultivate not more than 12 marijuana plants for personal use, provided that they may only possess, cultivate, and process up to 12 marijuana plants at the person’s residence at one time. Conversely, it is illegal for any person under 21 to grow marijuana. Marijuana plants in private homes must not be visible to the public and must be placed outside of an enclosed area with locks that limit access.
Yes. Marijuana processors are persons licensed to obtain marijuana from marijuana establishments for processing and packaging of marijuana and selling or transferring marijuana to other marijuana establishments. “Processing” was defined as separating or preparing parts of a marijuana plant and blending, compounding, infusing, extracting, making, or preparing marijuana concentrates of marijuana-infused products.
Processors must comply with the requirements and standards for the safe processing and distribution of marijuana, including health standards, to guarantee the safe preparation of marijuana-infused products. Pesticides that are not safe for human consumption are prohibited.
The licensed marijuana processor must send a representative sample of their marijuana product to a marijuana safety compliance facility for testing. The marijuana-infused product label must specify the maximum THC level and the amount of marijuana or marijuana concentrate. Marijuana sold through retailers and microbusinesses must include a warning label emphasizing the harmful effects of using marijuana by pregnant women, breastfeeding women, and women trying to conceive. Processors shall not manufacture edible marijuana-infused candies in shapes or packages attractive to toddlers and children or confusingly similar to ordinary sweets.
It shall be unlawful for anyone below 21 years of age to process marijuana.
Yes. Marijuana retailers or dispensaries may sell marijuana to adults 21 years old, qualified patients, and primary caregivers with proper identification. It is illegal for dispensaries to sell recreational marijuana to persons under the age of 21. On the other hand, agents of the marijuana retailer who sells their products must also be 21 years old or older.
The MRTMA provides that adults may possess, use, consume, or purchase 2.5 ounces or less of marijuana and not more than 15 grams of marijuana concentrate. However, a person in their residence may possess, store, or process up to 10 ounces of marijuana or any marijuana product made from homegrown marijuana plants. Up to 2.5 ounces of marijuana and 15 grams of marijuana concentrate may be transferred or gifted without remuneration as long as the giftor did not advertise the gift to the public.
Similarly, qualified patients may possess an amount of medical marijuana that does not exceed a combined sum of 2.5 ounces of usable marijuana and usable marijuana equivalents per day. Meanwhile, the monthly purchasing limit is 10 ounces of a marijuana product. Usable marijuana is the dried flowers, leaves, plant resin, or marijuana plant extract, but it does not include the stalk, seeds, and plant roots. In comparison, marijuana equivalents are the amount of usable marijuana in a marijuana-infused product. For reference, one ounce of usable marijuana is equivalent to:
16 ounces of marijuana-infused product (solid form)
36 fluid ounces of marijuana-infused product (liquid form)
7 grams of marijuana-infused product (gaseous form).
Marijuana can be sold as flowers, seeds, concentrates, or marijuana-infused products. Marijuana concentrates are resins extracted from any part of the plant of the genus Cannabis. While marijuana-infused products include topicals, tinctures, beverages, edibles, or similar products containing marijuana and other ingredients intended for human consumption.
Yes. A marijuana retailer or dispensary may deliver marijuana products to an individual 21 years of age or older, a qualified patient, or a primary caregiver at a residential address or a designated consumption establishment. The purchaser may request an online order at the marijuana retailer and pay for it upon receiving the product at his residence.
A marijuana delivery employee shall request the purchaser to present a valid driver’s license or government-issued ID bearing his photo and birthday, verifying he is at least 21 years old at the time of the transaction. Qualified patients shall likewise present their driver’s license or government-issued ID and marijuana registry card to verify that he is eligible to receive medical marijuana, or if the qualifying patient is a minor, the designated primary caregiver.
Holding a Michigan Medical Marijuana Program (MMMP) Registry Card allows qualified patients and caregivers to acquire marijuana to alleviate the symptoms associated with various debilitating medical conditions. To be eligible as an MMMP patient, the requirements are:
The person has been diagnosed by a physician having a debilitating medical condition
The physician has signed a written certification indicating he has completed a full assessment of the patient’s medical history and current medical condition
In his professional opinion, the physician has determined that the patient will receive therapeutic or palliative benefits from medical marijuana use to treat or alleviate the symptoms of the debilitating medical condition.
Debilitating medical conditions are any one of the following
Cancer
Glaucoma
Positive status for human immunodeficiency virus
Acquired immune deficiency syndrome
Hepatitis C
Amyotrophic lateral sclerosis
Crohn's disease
Agitation of Alzheimer's disease
Nail patella
A chronic or debilitating medical condition or its treatment that produces one or more of the following:
Cachexia or wasting syndrome
Severe nausea
Severe and chronic pain
Severe and persistent muscle spasms include but are not limited to multiple sclerosis characteristics
Seizures, including but not limited to those characteristics of epilepsy.
Any other medical disease or its treatment approved by the CRA
The patient may opt to register as an MMMP patient online or by mail.
Patients or primary caregivers who are residents of another state, territory, district, commonwealth, or insular possession of the United States possessing a registry ID or its equivalent that allows the purchase of medical use of marijuana in their area may use that ID at marijuana retailers in Michigan.
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
The MRTMA instructs the taxation of revenue derived from commercial marijuana facilities. A rate of 10% in excise tax is imposed upon the sales price of each marijuana product sold by marijuana retailers or marijuana microbusinesses. The Department of Treasury administers the taxes imposed and promulgates the rules regarding the method and manner for tax payment to ensure proper tax collection.
In March 2023, the CRA reported that total product sales from medical marijuana facilities garnered more than $9.8 million, while total product sales collected from adult-use marijuana establishments was nearly $240 million.
Medical marijuana was legalized in 2008, while adult-use marijuana was legalized in 2018.
According to the FBI Crime Data Explorer, the Muskegon County Sheriff’s Office made 63 driving under the influence (DUI) arrests in 2017. By 2019 and 2020, DUI arrests increased to 88 and 75, respectively.
In 2017, the authorities made three arrests for the illegal possession of marijuana. Two succeeding years after (2019 and 2020) adult-use marijuana was legalized in the state, no arrests were made for the same offense in Muskegon County.
Meanwhile, two apprehensions were recorded in 2017 for the illegal sale/manufacturing of marijuana. Then in 2019 and 2020, the authorities also made no apprehension for the same unlawful act.