Michigan Legalizes Recreational Marijuana

Is Recreational Marijuana Legal in Michigan?

When the midterm elections came to an end, the majority of Michigan voters said “yes” to Proposal 1, making recreational use of cannabis legal throughout the state. But there are still questions regarding this new law. The following post answers the most frequently answered questions about recreational marijuana in Michigan.

Q: What is legal under Proposal 1?

A: On December 6th of this year, people 21 years of age and older will be allowed to purchase and possess cannabis in Michigan. People can carry up to two and a half ounces of marijuana in a locked container and keep up to 10 ounces at home.

Additionally, they can also grow a maximum of 12 cannabis plants in their home—in an enclosed, locked area—for recreational purposes.

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Q: What is considered illegal under Proposal 1?

A: People are prohibited from:

  • Consuming or smoking cannabis in public
  • Driving a car or operating a vessel while under the influence of marijuana
  • Growing cannabis in an area where it can be seen from the street
  • Bringing marijuana on campus or into a jail/prison

People under 21 years old are not allowed to possess or use cannabis and people of legal age must not give any marijuana to such individuals.

Q: What happens if you violate the laws?

A: If you carry between two and a half and five ounces of cannabis, it is considered a civil infraction that is punishable by a maximum fine of $1,000. If you carry more than twice the legal amount (two and a half ounces), you may be charged with a misdemeanor which carries a fine of up to $2,000. There is no jail time unless the violation is intentional and for a commercial purpose.

If individuals between the ages of 18 and 20 are caught with cannabis, they will be fined $100. If minors under 18 years old are caught with pot, the fine also comes with mandatory drug counseling.

If you give someone under 21 years old less than 2.5 ounces of cannabis, it is a civil infraction that is punishable by a maximum fine of $100. A higher fine is given if the amount is over two and a half ounces. Giving more than five ounces will result in a misdemeanor charge.

Q: Where can I purchase recreational cannabis?

A: Recreational marijuana dispensaries won’t open until sometime in 2020.

Q: Can I get fired from my job using pot?

A: If your job has a company drug policy against cannabis use or you work under the influence of marijuana, you can be terminated. If you are interested in consuming pot, review your company drug policy.

Q: Can my landlord evict me for smoking cannabis?

A: Absolutely. Landlords have the authority to establish rules about smoking and growing marijuana on the property.

Q: I was previously convicted of a marijuana-related offense, will it stay on my record?

A: Although Gov.-elect Gretchen Whitmer has promised to consider the expungement of cannabis-related convictions, there is no final decision as of yet.

If you have any questions about the new marijuana law in Michigan, contact our Okemos marijuana defense lawyer at White Law PLLC today.