Is Marijuana Legal in Michigan?

October 11, 2021 Uncategorized

Is marijuana legal in Michigan? This is the question on your mind, and since state laws are different from federal, it’s easy to see why there’s so much buzz about Michigan marijuana legality.

Keep reading to learn more about Michigan’s cannabis laws. And if you’re looking for guidance from our Michigan cannabis CPAs, feel free to contact us at any time.

Is Marijuana Legal in Michigan?

Marijuana is Now Legal in Michigan

At this point, marijuana is still a Schedule I controlled substance at the federal level. This means that the drug has “no currently accepted medical use and a high potential for abuse.” Thus, we see cannabis is in the same category as notorious drugs like heroin and cocaine, meaning it carries some severe penalties.

However, even with these regulations in place, every state has its own set of state laws for the use, possession, and sale of cannabis. With this being the case, we’ve observed many states legalizing both medical and recreational use of marijuana.

But it wasn’t until late in 2018 that Michigan became the first state in the Midwest to legalize marijuana for adult use. Even with this being the case, there are some rules surrounding marijuana in Michigan.

Marijuana Use Laws in Michigan

Michigan allows adults 21 years old or older to consume marijuana legally.

But where can they use it?

Michigan law demands anyone using cannabis do it in private. This means, most of the time, consumption is taking place in the consumer’s own residence. Public consumption, like at a park or on the street, is still illegal.

Possession has its own set of rules, too. So, if you’re considering walking around with a backpack full of ganja, that’s probably not the best idea.

You’re allowed to possess up to 10 ounces of cannabis at your residence. But you cannot carry beyond 2.5 ounces of cannabis on you while you’re out in public.

Furthermore, some places in Michigan fall under federal jurisdiction. For instance, you cannot have cannabis on federal property. Thus, possessing or using cannabis at an airport in Michigan is illegal. It’s also not allowed to consume or possess at government buildings or prisons.

Also, if you’re considering carrying cannabis in areas with children, like schools or school buses, think again. This can cause some serious trouble.

Michigan Marijuana Sales and Distribution

Michigan allows adults to transfer up to 2.5 ounces of marijuana to one another. But there cannot be an exchange of money or anything else involved.

Also, the transfer cannot be marketed to the public. This means the transfer has to be an actual gift rather than a transaction.

Cannabis Cultivation in Michigan

Adults in Michigan are allowed to grow up to 12 marijuana plants at their private residence for their personal use. But if the plants are visible from a public place, these plants are illegal.

How to Start a Cannabis Business in Michigan

After legalizing adult-use marijuana in 2018, Michigan allows entrepreneurs to become involved in the industry. To start a cannabusiness, there are some legal hurdles you’ll have to go through to become established legally.

Up until December 6, 2021, operating a recreational cannabis business in Michigan means you’ll need to get licensing for the medical space. After you complete this documentation, you can apply for your adult-use marijuana establishment license in the Great Lake State.

Through the Michigan Regulation and Taxation of Marijuana Act (MRTMA), you’ll need to get one of these applications accepted for licensure up until December 6, 2021:

  • For applicants looking for a class A grower or a microbusiness license in Michigan, you’ll need to be a resident of the state.
  • For applicants interested in applying for a Class B or Class C grower, a retailer, a secure transporter, or a processor license, you’ll need to hold a medical marijuana facility license first.

Once December 6, 2021 passes, you’ll no longer have to be a Michigan resident or hold a medical marijuana facility license. This means anyone will be able to apply for an adult-use marijuana establishment license in the state.

The state’s law also made a path for industrial hemp cultivation licensure. This cultivation is primarily for cannabidiol (CBD) as this variety of cannabis plant contains less than 0.3% THC.