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Michigan Marijuana Laws
Marijuana Charges |
The state of Michigan currently outlaws the possession, use, cultivation, or sale of marijuana in any amount by non-medical or recreational users. Michigan recently passed a law legalizing medical marijuana to be used as a medical treatment for pain relief, nausea, spasticity, glaucoma, and movement disorders. Anyone charged under Michigan marijuana possession laws should consult a marijuana attorney prior to the arraignment to develop a defense for the case. If a private attorney cannot be afforded then a court-appointed counsel should be provided. Between the years 1995 and 2002, an average of 17,000 arrests took place each year regarding the possession, use, sale, or cultivation of marijuana.
Medical Marijuana Users
The state of Michigan legalized the use of marijuana for medical purposes in the year 2008. 63 percent of voters approved Proposal 1 in November of 2008 and the new law took effect in December of the same year. When applying for the state’s medical marijuana program the applicant must have written proof of need from their physician. The applicant must also fill out the required forms with the state of Michigan and submit a $100 registration fee. The fee is reduced to $25 if the applicant is on SSI or Medicaid. Any person using medical marijuana that does not follow the law will be subject to the same fines and penalties as non-medical users.
Non-Medical Users
Any non-medical, or recreational, user of the drug marijuana is subject to the fines and penalties as defined by the state laws of Michigan. Residents using medical marijuana in the state of Michigan do not face fines or penalties for use or possession so long as they can prove the medical need. The proof will need to be in the form of a written report from the patient’s physician as well as proof of application within the Michigan Medical Marijuana Program.
Penalties for Marijuana Use and Possession in Michigan
| Marijuana Use (conditional discharge possible) | Misdemeanor | Penalties include 90 days in prison and/or a $100 fine |
| Any amount (conditional discharge possible) | Misdemeanor | Penalties include one year in prison and/or a $2,000 fine |
| In a park (conditional discharge possible) | Misdemeanor or Felony | Penalties include two years in prison and/or a $2,000 fine |
Penalties for Growing and Selling Marijuana
Cultivation
| Less than 20 plants | Felony | Penalties include four years in prison and/or a $20,000 fine |
| 20 to 200 plants | Felony | Penalties include 7 years in prison and/or a $500,000 fine |
| 200 or more plants | Felony | Penalties include 15 years in prison and/or a $10,000,000 fine |
Sale
| Distribution without remuneration | Misdemeanor | Penalties include one year in prison and/or a $1,000 fine |
| Less than 5kg | Felony | Penalties include four years in prison and/or a $20,000 fine |
| 5 to 45kg | Felony | Penalties include seven years in prison and/or a $500,000 fine |
| 45kg or more | Felony | Penalties include 15 years in prison and/or a $10,000,000 fine |
Sale of Paraphernalia
| Paraphernalia sale (preceded by a cease and desist order, and if complied with, it is a complete defense to the charges) | Misdemeanor | Penalties include 90 days and/or a fine of $5,000 |
Penalties for Driving Under the Influence of Marijuana
The state of Michigan has a strict, no tolerance policy regarding driving under the influence of marijuana. This law came into effect in the year 2003. The laws and penalties are as follows:
| First offense | None | Community service for no more than 360 hours and/or imprisonment for no more than 93 days and a fine between $100-$500 |
| Second conviction within seven years of a prior | None | Fine between $200-$1,000, imprisonment between 5 days and one year or community service between 30-90 days |
| Violation within ten years of two or more convictions | Felony | Fine between $500-$5,000, one to five years in prison and/or probation and/or community service for 60-180 days |
Legal Help with a Marijuana Offense
Anyone charged with a marijuana offense should consult a marijuana attorney immediately to begin developing a defense for the case. Michigan, in some cases, uses alternative treatments instead of punitive punishments when dealing with possession. A marijuana lawyer will be able to provide the best plea bargain for the situation.