In 2018, Michigan voters made progress in the marijuana movement with the legalization of recreational use. As 2020 nears, and cannabis sales to the public is gearing up – it’s wise to brush up on specific legislation to protect your legal pot use. Here we’ll cover the current regulations that cannabis users over the age of 21 should know. 

Possession

First thing’s first…how much can you legally possess? Under Proposal 1, Michigan residents are allowed to carry up to 2.5 ounces outside of their home. While kickin’ it at home, possession reaches up to 10 ounces. This includes the ability to possess and grow up to 12 cannabis plants too. 

But, for those who dabble in dabs or extracts, concentrates have their own limits too. Per the regulations, the state has set concentrate possession at no more than 15 grams at a time. 

On the medical side, those patients who qualify for approved conditions the following limits have been set for varied cannabis products – 

  • Marijuana products in solid form – 16 ounces
  • Marijuana products in gaseous form – 7 grams 
  • Marijuana products in liquid form – 36 fl. ounces 

Medical patients can also possess and cultivate 12 plants in their homes, in locked or enclosed spaces. If a caregiver is assigned upon registration into the medical program, they are also qualified to possess 12 plants + 2.5 usable marijuana flower. 

Purchasing

As legislation gets finalized, there are no operating dispensaries to purchase legal marijuana at, just yet. Currently, Michigan’s Department of Licensing and Regulatory Affairs is working on the finalization of legislation that will oversee the recreational cannabis industry. Reports are estimating the first legal dispensaries to open in early 2020. 

The dispensaries that are currently functioning, are open to medical marijuana qualifying patients only. To follow the laws of possession, dispensaries are able to limit sales of pharmaceutical grade products based on local legislation and the Michigan Medical Marijuana Act. This state regulation caps medical purchases at 2.5 ounces. 

Qualifying Patients for Medical Marijuana

The following conditions are approved for qualifying patients with ‘debilitating medical conditions’ under the Michigan Medical Marijuana Act – 

  • Alzheimer’s Disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Cachexia/Wasting Syndrome
  • Cancer
  • Crohn’s Disease
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Nail Patella
  • Seizures
  • Severe & Chronic Pain
  • Severe & Persistent Muscle Spasms
  • Severe Nausea

In addition to any other medical condition, approved by the Department of Community Health. To become qualified as a Michigan medical marijuana patient, you must obtain a written recommendation or certification from a medical doctor (MD) or doctor of osteopathy (DO). The doctor must certify that the patient does in fact have a debilitating condition, and could benefit from medical marijuana for treatment. 

Consumption

Even though State legalization lifted the ban on recreational use of marijuana – that doesn’t mean you can consume it wherever you want. Public consumption of cannabis products remain illegal in Michigan, and driving under the influence of marijuana is prohibited, too. 

Patients who are medically qualified under the Michigan Medical Marijuana Act, are also prohibited from public use. Meaning, any and all cannabis use is restricted to private property in the State. This includes privately owned vehicles that are considered ‘public places’ and public transportation. In addition, any college that receives federal funding must enforce drug-free campus regulations where marijuana use and possession would be prohibited.

Driving Under The Influence 

Similar to driving under the influence of alcohol, driving under the influence of marijuana is illegal in Michigan. The developing Proposal 1 will also prohibit the use or smoking of marijuana in the passenger area of any ‘vehicle upon a public way’. 

The Laws for Medical Patients Driving 

In the Michigan Supreme Court case People vs. Koon, special considerations were established for medical patients driving under the influence of their prescribed marijuana. The ruling secured that the Michigan Medical Marijuana Act overrides the State’s zero tolerance law for driving with THC in your system. Meaning, medical patients may not be charged under the states zero tolerance DUI law. Instead, the State would have to provide proof of impairment to make a DUI drug conviction. 

Since THC can stay in your system for longer periods of time, the determination of THC amounts ‘impairing’ a driver at the time of arrest is complicating the issue or legislation. Hence why law enforcement must prove a variety of additional factors like the person’s driving, speech, coordination or performance in field sobriety tests to withhold a conviction for ‘driving under the influence’ of medical patients. 

Exporting Marijuana

For adults over 21, and qualified medical patients and caregivers, transporting marijuana and marijuana products is legal as long as the following conditions are met – 

  • The marijuana product is in a sealed and labeled package.
  • The marijuana product is in the trunk of the vehicle, or a location not easily accessible by the interior of the vehicle if a trunk is not present. 

However, exporting marijuana products out of the state is strictly prohibited and illegal for medical marijuana patients and recreational users. When marijuana products are purchased by a qualifying patient, the use is intended for only that person. Which means its prohibited to sell, transfer and export medical marijuana purchased by a patient. The term ‘exporting’ includes (but not limited to) boating, shipping, mailing, flying or driving the product across State lines.  

Cultivation 

Medical and recreational marijuana users are allowed the same permissions for cultivating plants of their own. Any state citizen or medical marijuana patient is allowed to grow up to 12 plants in their private home or property. All plants must be locked, enclosed and not visible to the public. 

Hemp 

With the approval of the 2018 Farm Bill, hemp cultivation and possession was federally legalized. Just a month after the 2018 legalization of recreational marijuana did so for the state individually. The bill allows the cultivation of industrial or commercial hemp. 

The Michigan Department of Agriculture & Rural Development or MDARD, established hemp licensing in the State. The registration fee to grow is $100, and to obtain a license for processing and handling hemp the application cost is $1350.

If you still have questions concerning the Cannabis Adult Use Laws in Michigan, please reach out to us at 248.266.0790 and speak with one of our Cannasultants.

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