McDonald Pierangeli Macfarlane, PLLC

Frequently asked questions about Michigan marijuana laws

In December 2018, Michigan legalized the recreational use of marijuana for adults over the age of 21 with The Michigan Regulation and Taxation of Marijuana Act (MRTMA), often referred to as Proposal 1. However, some acts relating to marijuana remain illegal.

As everyone becomes accustomed to the new laws, here are some frequently asked questions about the impact of Michigan’s new marijuana rules:

Can I use recreational marijuana in a public space?

No. Using marijuana in public is punishable by a $100 fine. Property owners can also prohibit marijuana use on their premises. Violation of such a restriction can also result in a $100 fine.

Are there restrictions on growing marijuana at home?

Yes. Plants you grow at home cannot be visible to the public, such as near a window or in your front yard. Home growers are also limited to 12 plants.

How much marijuana can an adult legally purchase or possess?

2.5 ounces. Fines for possessing more depend on whether you had more or less than twice the legal amount. For example, the penalty for a first-time offense of possessing four ounces is a $500 fine. Possessing more than twice the legal limit, however, is a misdemeanor punishable by up to one year in jail.

Is it legal to use marijuana in my car?

No. Consuming marijuana while driving is illegal under the MRTMA. It is also illegal to use marijuana while in the passenger seat of someone’s vehicle.

Although the MRTMA lays out regulation for recreational marijuana, several offenses have no specific penalties. As these laws develop, anyone who has a run-in with law enforcement over marijuana should consult a criminal defense attorney.

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