Michigan Marijuana Laws

Michigan has legalized recreational possession, use, and cultivation of marijuana for adults 21 and older—subject to restrictions. State laws still highly regulate marijuana as a controlled substance. Understand what's legal and what's not under Michigan's marijuana laws.

Is Recreational Weed Legal in Michigan?

In some cases, yes. Michigan law permits certain recreational possession and use of marijuana and limited personal cultivation of marijuana. Authorized and unauthorized activities are discussed below. Only licensed retailers may sell marijuana.

Permitted Use, Possession, or Cultivation of Marijuana

Adults age 21 and older may possess, consume, or purchase 2.5 ounces or less of marijuana (of which not more than 15 grams can be in concentrate form) in private. At home, a person can possess and store up to 10 ounces of marijuana. However, a person must store amounts over 2.5 ounces in locked containers.

A person can cultivate up to 12 marijuana plants, as long as the plants are not visible or accessible to the public. Areas where plants are grown must be enclosed and equipped with locks.

Permitted Gifting of Marijuana

Michigan law also permits individuals age 21 or older to give (without compensation) 2.5 ounces or less of marijuana to another person of legal age.

Unauthorized Activities Relating to Marijuana

Michigan law prohibits the following activities even when permissible amounts are involved:

• consuming or smoking marijuana in public places, on school property, or when prohibited by a private property owner
• consuming, smoking, or being under the influence of marijuana while operating a vehicle, boat, snowmobile, ORV, or aircraft
• smoking marijuana in vehicles while on a public roadway
• transferring marijuana to underage persons (younger than 21), and
• consuming or possessing marijuana on federal property, including national parks or forests.

Businesses and employers can restrict the use of marijuana on their property. Landlords may prohibit smoking and cultivation of marijuana on their property but cannot restrict other types of consumption. Local governments might also have additional regulations.

(Mich. Comp. Laws §§ 333.27954, 333.27955, 333.27956 (2024).)

Michigan Marijuana Possession, Use, and Cultivation Offenses

Marijuana offenses generally fall under one of the following categories: public consumption, improper storage, underage offenses, and possession of prohibited amounts.

Public Consumption and Improper Storage or Access Offenses

Civil penalties of up to $100 apply to the following violations:

• prohibited smoking or consumption of marijuana in public places or non-designated areas
• improper storage of excess amounts of marijuana up to 10 ounces in a private residence, and
• growing marijuana plants in locations visible to the public or without the proper access restrictions.

Stricter penalties apply if these violations involve more than the permitted amounts under law.

Possession or Cultivation in Excess of Permitted Amounts

Anyone who possesses or cultivates more than the permitted amounts faces civil or criminal penalties. The state uses two classifications for these offenses—violations that don't go over two times the permitted amounts and violations that do.

Not more than 2x. A person who possesses more than 2.5 ounces and up to 5 ounces of marijuana or cultivates 13 to 24 plants can face civil or criminal penalties. A first violation carries a maximum $500 fine, a second violation carries a maximum $1,000 fine, and a third violation is a misdemeanor punishable by a $2,000 fine. All violations result in forfeiture of the marijuana.

More than 2x. Possessing or cultivating more than twice the permitted amounts are misdemeanor offenses and subject to forfeiture. These violations cover possession of more than 5 ounces of marijuana and cultivation of 25 plants or more. A defendant convicted of this offense faces a misdemeanor and up to 90 days of jail. However, the law states that jail time should be reserved for habitual, willful violations involving a commercial purpose or violence.

Underage Violations Involving Small Amounts

Most underage and public consumption violations carry civil fines, unless the person has more than 2.5 ounces on their person or cultivates more than 12 plants. (Then the above penalties presumably apply.) Civil fines for underage possession of small amounts range from $100 to $500, plus forfeiture of the marijuana. A judge can order minors younger than 18 to complete drug education or counseling and community service hours.

(Mich. Comp. Laws §§ 333.27954, 333.37955, 333.27965, 750.504 (2024); People v. Kejbou, 2023 WL 6520769.)

Getting Legal Help

If you've been charged with a marijuana-related offense, consult an experienced criminal defense attorney or public defender. An attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.