is weed legal in michigan

Is Weed Legal In Michigan: Full Guide

Table of Contents

Michigan is a state full of astounding beauty year-round. There are many reasons why tourists flock here for recreation all times of the year, and recent cannabis legalization in recent years have only boosted the value of tourism in this Midwestern state. Here are all of the details about the legality of cannabis in the Great Lakes State.

Is Weed Legal In Michigan? Straight to the Point.

  • Recreational THC: Yes
  • Medical THC: Yes
  • CBD: Yes
  • Delta-8: Yes, with restrictions

Medical Weed Laws

Michigan is one of the first states to legalize medical marijuana. The Michigan Medical Marihuana Act (MMMA) was passed in 2008, allowing patients with qualifying conditions to possess a limited amount of cannabis and grow their own plants.

Qualifying conditions include:

  • Cancer
  • Glaucoma
  • HIV Positive
  • AIDS
  • Hepatitis C
  • Amyotrophic Lateral Sclerosis
  • Crohn’s Disease
  • Agitation of Alzheimer’s Disease
  • Nail Patella
  • Post – Traumatic Stress Disorder
  • Obsessive Compulsive Disorder
  • Arthritis
  • Rheumatoid Arthritis
  • Spinal Cord Injury
  • Colitis
  • Inflammatory Bowel Disease
  • Ulcerative Colitis
  • Parkinson’s Disease
  • Tourette’s Disease
  • Autism
  • Chronic Pain
  • Cerebral Palsy
  • A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following:
    • Cachexia or Wasting Syndrome
    • Severe and Chronic Pain
    • Severe Nausea
    • Seizures (Including but not limited to those characteristic of epilepsy)
    • Severe and Persistent Muscle Spasms (Including but not limited to those characteristic of multiple sclerosis)

Qualified applicants must be at least 18 years of age or have a caregiver, parent, or legal guardian apply on their behalf. 

Residents can get their medical marijuana cards by visiting a licensed doctor who has completed an eight-hour course on medical weed laws in Michigan, as well as completing 240 hours of training in order to become certified by the state’s Department of Licensing and Regulatory Affairs (LARA). 

As soon as a doctor approves your condition, you may register with the Michigan Medical Marijuana Program (MMMP). The application is $40, and it must be renewed annually. Once your card is ready, you’ll be able to purchase cannabis at any dispensary in Michigan that sells it. Medical marijuana patients may purchase up to 2.5 ounces of cannabis at a time, not to exceed the maximum allowance of 10 ounces per month. 

Recreational Weed Laws

Michigan voters approved Proposition 1 in November 2018, thereby legalizing adult-use recreational marijuana. The bill includes space for licenses for “on-site consumption areas” and temporary cannabis consumption events, both of which must be permitted by the local government. The guidelines also instruct the agency on how to promote opportunity in the cannabis industry for communities that have been disproportionately affected by anti-marijuana legislation.

After nearly a year of waiting and anticipation by many people across the state, operations began, allowing Michiganders to purchase cannabis at licensed dispensaries as of December 2019. You must be 21 to buy any cannabis products from a dispensary. 

Possession limits are the same for medical patients, and all adults may purchase up to 2.5 ounces per dispensary visit so long as the maximum per month is no more than 10 ounces. However, it’s important to note that any amount over 2.5 ounces must be stored in your residence in a secure area. You cannot keep more than this amount on your person at any time. 

Is Weed Decriminalized in Michigan?

Under Michigan law, it is a civil infraction to possess any amount of marijuana over 2.5 ounces on your person. This means that if you are found in possession of weed exceeding this amount in public, the police will not arrest or even detain you. Instead, they will issue you a ticket for $500 and confiscate your marijuana. 

It’s important to understand why this is different from legalization. Because possession still remains illegal in excess of state limits, there are still significant legal consequences as the quantity in possession increases. More than 5 ounces will result in a misdemeanor conviction and fines of $500.

If the cops find out that you’re driving while smoking pot—even if it’s just one joint—then they’ll take away your license for up to six months. 

Cannabinoid Variants

THC is the most highly regulated cannabinoid, and it is dominant in marijuana but found in very small amounts in hemp. With the passing of the 2018 Farm Bill, industrial hemp became legal for production and distribution. This marked a massive change for the cannabinoid market, as producers found new ways to alter CBD and other minor cannabinoids and convert them into various new ones. Not all cannabinoids are legal in all areas, so what are the laws in Michigan?

Is CBD legal in Michigan?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in Michigan.

Is Delta-8 legal in Michigan?

Delta-8 THC is a naturally occurring cannabinoid, and it can be produced in mass quantities through an extraction process with hemp-derived CBD. It is a psychoactive compound most commonly sold online or in non-licensed retail locations. 

Michigan opted to regulate Delta-8 THC independently. According to the Michigan Cannabis Regulatory Authority: “Effective October 11, 2021, it is illegal for businesses to sell delta-8 without proper licensing from the MRA. Members of the public can report unlicensed commercial production or sale of delta-8 to the MRA by emailing MRA-Enforcement@michigan.gov.”

Is Delta-10 legal in Michigan?

Delta-10 THC is produced in a very similar fashion to Delta-8, and although it produces milder effects, it is still psychoactive. Much like the laws surrounding Delta-8, you can only purchase Delta-10 from dispensaries or approved retail locations that have been licensed to sell. 

Are THC-O and other THC variants legal in Michigan?

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.

Are HHC and HHC-O legal in Michigan?

Although the acronyms do not immediately suggest cannabis, both HHC and HHC-O are THC isomers and therefore fall subject to each of the above guidelines. You can still purchase HHC and HHC-O in Michigan, but only through select, approved retailers.

Cultivation Laws

Adults over 21 may grow up to 12 plants at their personal residence. However, the plants must remain secure and out of sight of the public. Homegrown cannabis is only for personal use and cannot be sold to others.

Anyone interested in growing weed for dispensaries in Michigan must apply with the Cannabis Regulatory Agency. There are several steps in the application process, and applicants should expect a lengthy process before potential acceptance as a licensed cultivator. Learn more about the process here

Where to Buy Weed in Arizona

With both medical and recreational legalization, there are plenty of places to shop for weed in Michigan.

Dispensaries 

There are more than 500 medical-only dispensaries, and about 470 recreational dispensaries in Michigan. Medical marijuana cardholders may shop at either, but if you are without a card, you can only visit the recreational shops. 

Delivery

Michigan legalized medical marijuana delivery long before it legalized recreational use, but once voters made that decision, the state quickly revised its laws to accommodate for-profit cannabis businesses.

However, some municipalities within the state opted to ban cannabis use—making it illegal for residents in these areas to order delivery. While it wouldn’t be illegal to order cannabis delivery from another region, it would likely be challenging to find a dispensary that will provide this service (as most dispensaries only operate locally).

Direct to Consumer

Direct-to-consumer sales offer brands an opportunity to bypass dispensary channels and sell directly to their customers. This is managed through online ordering systems and delivery partners. It’s unclear if there are any strong direct-to-consumer sales programs operating in Michigan. Currently, delivery through dispensary partners like Eaze is a preferred method of obtaining products via delivery. 

Black Market

Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.

General FAQ

Where can you smoke weed in Michigan? 

You can smoke weed on your private property (out of public view). Federal lands like parks, airports, national forests, and several other areas are strictly prohibited. To maintain compliance, it’s best to consume in private at your residence or someone else’s with their approval.

Can you smoke weed in public in Michigan? 

No, smoking weed in public is not allowed in Michigan. See above for acceptable locations.

When was weed legalized in Michigan?

Medical marijuana was legalized in 2008, and recreational was legalized in 2018.

Punishment for Illegal Acts FAQ

What are the penalties for selling, gifting, transporting, or importing weed?

Felony infractions begin at less than 11 pounds of cannabis. If you sell this amount, you can expect up to four years in prison with fines of up to $20,000. As the amounts grow, so do the punishments. Selling more than 99 of cannabis will result in 15 years in prison with fines up to $10 million.

What is the penalty for selling to a minor?

The penalty for selling to a minor will increase exponentially based on the amount of the product. All sales to a minor may be a Class A misdemeanor or garner felony charges in Michigan.

What is possession with the intent to sell?

Possession with intent to sell is when a person has more marijuana than one could reasonably consume on their own. This indicates that the purpose of holding such a large volume is so that the excess may be sold for profit.

When is possession still a crime?

Possession is a crime if you have more than you are allowed to possess per person or in public.

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