Michigan’s road to reasonable marijuana access for medical and recreational use is one of the most unique of any state in the union. Medical marijuana was legalized in 2008, but until recently dispensaries were considered illegal. While recreational marijuana remains illegal, nearly 20 cities have decriminalized personal use and a statewide ballot proposal to legalize adult use marijuana throughout the state will be on the November 2018 ballot.
Recreational Marijuana Law in Michigan
Recreational marijuana is illegal in Michigan. Possession of any amount of recreational marijuana is a misdemeanor punishable by 1 year in jail with a fine of $2,000. Use of marijuana is a misdemeanor punishable by 90 days in prison with a maximum fine of $100. Sale of any quantity is a felony, punishable by up to 15 years in prison and $10,000,000 in fines. Even sale without remuneration is punishable by 1 year in prison and $1,000 in fines.
While recreational marijuana is still a serious crime on the state level, almost 20 cities have removed criminal penalties for possession of small amounts of marijuana. These cities include: Ann Arbor, Kalamazoo, Detroit, Flint, Grand Rapids, Ypsilanti, Ferndale, Jackson, Lansing, Hazel Park, Oak Park, Berkley, Huntington Woods, Mount Pleasant, Pleasant Ridge, Port Huron, Saginaw, East Lansing, Portage, and Keego Harbor.
Michigan voters will have an opportunity to decide whether to legalize recreational marijuana in November 2018. A ballot proposal that would legalize the possession and use of marijuana for adults 21 and older has already been certified for the ballot.
Medical Marijuana Law in Michigan
Medical marijuana became legal in Michigan after 63% voters approved of Proposal 1 in November 2008.
Since then, several amendments have since been passed to provide further structure for marijuana access. In September 2016, Gov. Rick Snyder signed a collection of five bills to amend the Michigan Medical Marihuana Program and establish a statewide regulatory system. The bills were meant to address an unfortunate 2013 state Supreme Court ruling that made dispensaries illegal, which had forced patients to either grow their own marijuana or get marijuana from a designated caregiver. The new collection of bills not only established licensing and regulatory framework and clarified dispensaries, but created a seed-to-sale marijuana tracking system and legalized the manufacturing and use of cannabis lotions, oils and edibles.
Registered patients can possess up to 2.5 ounces of ‘useable marijuana’, or up to 12 marijuana plants in an enclosed, locked facility. The law allows for patients to have a primary caregiver.
As of July 2018, approved medical marijuana conditions include:
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (ALS)
- Cachexia or Wasting Syndrome
- Chronic Pain
- Crohn’s Disease
- Hepatitis C
- Inflammatory Bowel Disease
- Nail-Patella Syndrome
- Obsessive Compulsive Disorder
- Parkinson’s Disease
- Post-Traumatic Stress Disorder (PTSD)
- Rheumatoid Arthritis
- Severe and Persistent Muscle Spasms
- Spinal Cord Injury
- Tourette Syndrome
- Ulcerative Colitis
Consumption of CBD from Hemp Oil in Michigan
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
Cultivation of Cannabis in Michigan
Cultivation of cannabis for recreational purposes is charged as a felony regardless of the quantity. These offenses are punishable by 15 years in jail with up to $10,000,000 in fines.
Under the state’s medical marijuana law, patients or their caregivers are allowed to grow up to 12 marijuana plants. The plants must be cultivated in an enclosed and locked facility.
Additionally, the state also passed the Industrial Hemp Research Act of 2014, which allows government departments, colleges, and universities to grow industrial hemp for research purposes, as part of an agricultural pilot program or academic research project.
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