Marijuana Charges in Grand Rapids & West Michigan
Recreational marijuana has been legal in Michigan for adults 21 and older since 2018, when voters passed the Michigan Regulation and Taxation of Marihuana Act (MRTMA). But “legal” does not mean “anything goes.” There are still firm limits, and crossing them — or being under 21, selling without a license, or driving while high — can still land you with a civil infraction, a misdemeanor, or a serious felony. I’m Shawn Haff, and I defend marijuana cases throughout Grand Rapids, Wyoming, Kent County, and West Michigan.
Is Marijuana Legal in Michigan?
Yes — within limits. Under the MRTMA, an adult 21 or older may legally:
- Possess and transport up to 2.5 ounces of marijuana on their person (of which no more than 15 grams may be concentrate);
- Keep up to 10 ounces at home, as long as any amount over 2.5 ounces is stored in a locked container;
- Grow up to 12 plants per household for personal use, in an enclosed, locked area that is not visible from a public place; and
- Give away (without payment) up to 2.5 ounces to another adult 21 or older.
Stay inside those lines and you are not committing a crime. Step outside them and the old drug laws — and some new penalties — come back into play.
When Marijuana Is Still a Crime
Most of the marijuana cases I see today fall into one of these categories:
- Over the legal limit. Possessing more than the amounts above — whether on your person, at home, or in plants.
- Under 21. For anyone younger than 21, marijuana is still off-limits. A first small-amount offense is usually a civil infraction, but it can carry fines, community service, and substance-abuse education.
- Sale or delivery without a license. Selling marijuana without a state license is not protected by legalization. Possession with intent to deliver is charged as a felony.
- Driving under the influence. It is illegal to drive while impaired by marijuana. A marijuana OWI is prosecuted like any other drunk- or drugged-driving case. See my OWI / drunk driving defense page.
- Public use, minors, and schools. Consuming in public, furnishing marijuana to a minor, or possession in a school zone can all trigger charges.
- Federal land and federal law. Marijuana remains illegal under federal law (it is still a Schedule I substance), so possession on federal property or across state lines can be charged federally.
Penalties for Marijuana Charges in Michigan
Slightly over the limit (not more than twice the legal amount). Under the MRTMA these are not jailable offenses. A first violation is a civil infraction with a fine up to $500; a second is a civil infraction up to $1,000; only a third or later violation becomes a misdemeanor.
Well over the limit, cultivation, and intent to deliver. Larger amounts, big grows, or an allegation that you were selling put you back under Michigan’s Public Health Code. Possession with intent to deliver marijuana is a felony — commonly punishable by up to 4 years in prison and heavy fines, with far steeper penalties as the weight and number of plants climb. Prosecutors love to stack these charges, and packaging, scales, cash, or text messages are used to argue “intent.”
Minor in possession. For those under 21, penalties escalate with repeat offenses and can affect driving privileges, financial aid, and school standing.
How I Defend Marijuana Cases
The good news is that marijuana cases are often very defensible — because they usually start with a traffic stop or a search, and police get those wrong all the time. In many of my cases the marijuana is found in a vehicle, and I break the stop down step by step:
- Was the stop lawful? Did the officer have a valid reason to pull the car over in the first place?
- Was there a basis to remove you from the car? Ordering you out and detaining you has to be justified.
- Was the search legal? Did police have valid consent, a warrant, or a genuine exception — or did they simply go fishing?
- Can they actually link it to you? Marijuana found in a center console or shared space is not automatically yours. The prosecutor has to prove possession, and often can’t.
If police made a mistake at any of those steps, I move to suppress the evidence — and when the evidence is thrown out, the case often falls apart. I also challenge whether an amount really exceeded the legal limit, whether “intent to deliver” is anything more than speculation, and whether your rights were respected from the first contact.
Criminal Defense Attorney Shawn Haff never promises an outcome — that would violate our ethical duties. What I promise is my best effort, straight answers, and that I will always return your call. If you want to read more about Michigan’s marijuana laws, NORML keeps a current summary.
Call Shawn now at 616-438-6719 for a free, confidential consultation, 24/7.
“At our time of need, Criminal Defense Attorney Shawn Haff came through for us! My calls were all returned, my questions answered in great detail, and it is clear they have the respect of the local prosecutors and judges in West Michigan. My loved one was facing a felony charge and it was dropped! No probation, no jail, no diversion program, no prison! They weren’t cheap, but their prices were not outrageous compared to other law firms.” — Wanda T. read more testimonials