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Michigan Legal Resource Library · The OWI offenses

Marijuana and Driving in Michigan: What the Law Says

Last reviewed against current Michigan law ·25 sources cited

Key points

  • Neither Michigan's medical nor its recreational marijuana law allows anyone to drive while under the influence of marijuana.[1][2]
  • Marijuana is still on Michigan's Schedule 1, and MCL 257.625(8) forbids driving with any amount of a Schedule 1 substance in the body.[3][4]
  • Under People v Koon (2013), a registered medical patient is protected from the any-amount rule but not from a charge of driving under the influence.[5]
  • Whether Koon's protection extends to adults using marijuana under the 2018 recreational law is unsettled, and drivers under 21 have no such protection.[6][7]
  • Michigan has no numeric THC limit, and the inactive metabolite 11-carboxy-THC is not a Schedule 1 substance.[8][9]

Legal marijuana does not make it legal to drive impaired by it. Michigan's medical marijuana law and its recreational law both say they do not authorize operating a motor vehicle while under the influence of marijuana.[1][2] On top of that, marijuana is still a Schedule 1 substance under Michigan's Public Health Code, and MCL 257.625(8) makes it a crime to drive with any amount of a Schedule 1 substance in the body, subject to the medical-patient protection described below.[3][4][5]

Three ways a marijuana-and-driving case can be charged

Michigan has no separate marijuana driving statute. Marijuana cases are brought under the general provisions of section 625:[8]

ChargeWhat must be shownSource
OWI, under the influenceMarijuana substantially lessened the driver's ability to operate a vehicle in a normal manner.[10][11]MCL 257.625(1)(a)
OWVIMarijuana visibly impaired the driver's ability to operate, noticeable to another person.[12][13]MCL 257.625(3)
Any amount of a Schedule 1 substanceAny amount of marijuana or THC, both Schedule 1 substances, in the body while driving; impairment is not an element.[4][14][15][16]MCL 257.625(8)

The penalties are the same as for alcohol-based OWI and OWVI, covered in driving under the influence of drugs.[4][17] One difference: when an OWVI is caused by a controlled substance, the license suspension is 180 days rather than 90.[18]

Marijuana is still Schedule 1 for driving purposes

MCL 333.7212 lists marihuana, including pharmaceutical-grade cannabis, on Schedule 1, except that marijuana handled in compliance with the act and as authorized by federal authority is Schedule 2.[3] Because 625(8) refers to Schedule 1 substances, the any-amount rule reaches THC.[15] The Traffic Benchbook notes that the Vehicle Code "continues to prohibit the operation of a vehicle if the operator has any amount of a schedule 1 substance, which includes marihuana."[6]

As of October 2026, section 625 sets no numeric THC limit, and marijuana remains on Schedule 1, which 625(8) incorporates.[8][3]

Medical marijuana patients: People v Koon

In People v Koon (2013), the Michigan Supreme Court held that the Medical Marihuana Act's protection supersedes the any-amount rule for a registered patient, and "allows a registered patient to drive when he or she has indications of marijuana in his or her system but is not otherwise under the influence of marijuana."[5] A patient loses that immunity by failing to act in accordance with the act.[5]

The protection has clear limits:

  • The Medical Marihuana Act does not authorize anyone to operate, navigate or be in actual physical control of a motor vehicle, aircraft, snowmobile, ORV or motorboat while under the influence of marijuana.[1]
  • In People v Dupre (2020), the Court of Appeals held the act does not supersede the OWVI statute, and that a person may be considered under the influence if marijuana weakened his or her ability so that the person drove with less ability than an ordinary, careful and prudent driver.[19]
  • The act does not authorize smoking marijuana on public transportation or in any public place.[20]

Adult recreational users: the open question

The Michigan Regulation and Taxation of Marihuana Act took effect December 6, 2018.[2] It does not authorize:[2]

  • operating, navigating or being in physical control of any motor vehicle, aircraft, snowmobile, ORV or motorboat while under the influence of marijuana;[2]
  • consuming marijuana while operating or being in physical control of any of them; or[2]
  • smoking marijuana within the passenger area of a vehicle upon a public way.[2]

What the act does not settle is whether an adult recreational user who drives with THC in his or her system, but is not under the influence, is protected the way Koon protects medical patients. The Traffic Benchbook says "it is equally unclear if the Koon holding, which provides that the MMMA supersedes the MVC, will be extended to the MRTMA."[6] The answer may depend on future court decisions.

Drivers under 21

The recreational law does not authorize any person under 21 to possess, consume, purchase, cultivate, process, transport or sell marijuana.[21] In People v Perry (Court of Appeals, 2021), the court held that the act "did not remove all criminal penalties for persons under the age of 21 who operate a motor vehicle with marijuana in their system."[7] An 18-year-old whose blood showed 4 nanograms of THC per milliliter after a crash could be prosecuted under 625(8).[7] See the guide for parents of under-21 drivers.

THC, metabolites and testing

  • Metabolites. In People v Feezel (2010), the Supreme Court held that 11-carboxy-THC, a byproduct created when the body breaks down marijuana's psychoactive ingredient, is not a Schedule 1 controlled substance.[9] So a test showing only that metabolite does not prove the any-amount offense.[22]
  • No numeric limit. The Vehicle Code sets no THC threshold comparable to 0.08 for alcohol.[8]
  • Roadside oral-fluid testing. Under the State Police pilot program, only a certified drug recognition expert in a participating county may require a roadside oral-fluid test.[23] The device used in the second phase had a manufacturer cut-off of 25 ng/mL for THC in oral fluid, and the State Police report cautions that oral-fluid values differ greatly from blood values.[24] The report also states that a roadside result does not determine whether a driver is impaired.[24]
  • Drug recognition experts. In People v Bowden (2022), the Court of Appeals reversed an order letting a DRE testify that the defendant was impaired by marijuana to a degree that made her unsafe to drive, because the prosecution showed no evidence that the DRE protocol is validated for measuring the degree of marijuana impairment.[25]

More detail is in THC blood tests, roadside saliva tests and drug recognition experts.

Marijuana in the vehicle

The recreational law's vehicle rules quoted above concern consuming while driving and smoking in the passenger area on a public way.[2] Rules about how marijuana may be carried in a vehicle are outside this page. The alcohol open-container rule is a separate statute; see open containers.

Common misunderstandings

  • "It's legal, so I can drive after using it." Neither marijuana law authorizes driving under the influence, and 625(8) still reaches any amount of a Schedule 1 substance.[1][2][4]
  • "My medical card protects me completely." Koon protects a patient who is not otherwise under the influence; it does not protect impaired driving, and Dupre allows OWVI charges.[5][19]
  • "Michigan uses a 5 ng limit." There is no numeric THC limit in Michigan law.[8]
  • "Any THC in a blood test is a conviction." The metabolite 11-carboxy-THC is not Schedule 1.[9]

Common questions

Is it illegal to drive high in Michigan now that marijuana is legal?

Yes. The recreational marijuana law, effective December 6, 2018, does not authorize operating or being in physical control of a motor vehicle while under the influence of marijuana, or consuming marijuana while driving.[2] A driver who is under the influence of marijuana can be charged with OWI, and one whose ability is visibly impaired can be charged with OWVI.[10][12]

Can I be charged just for having THC in my system?

Possibly. MCL 257.625(8) bars driving with any amount of a Schedule 1 substance, and marijuana remains on Schedule 1.[4][3] Registered medical patients are protected from that any-amount rule under People v Koon, but it is unclear whether courts will extend Koon to adults using marijuana under the recreational law.[5][6] The inactive metabolite 11-carboxy-THC does not count as Schedule 1.[9]

Does my medical marijuana card protect me from an OWI?

Only partly. Koon held that the Medical Marihuana Act lets a registered patient drive with marijuana in his or her system when not otherwise under the influence, so the any-amount rule does not apply to that patient.[5] The act does not authorize driving under the influence, and the Court of Appeals held in Dupre that it does not shield a patient from an OWVI prosecution.[1][19]

What is the legal THC limit for driving in Michigan?

There is none. The Vehicle Code sets no numeric THC threshold; marijuana cases are charged as under the influence, visibly impaired, or any amount of a Schedule 1 substance.[8] Some websites cite a 5 nanogram figure, but that is not Michigan law.[8]

What if I am under 21 and test positive for THC?

The recreational law does not authorize anyone under 21 to possess, consume or transport marijuana.[21] In People v Perry (2021), the Court of Appeals held that the law did not remove criminal penalties for under-21 drivers who drive with marijuana in their system, and allowed a 625(8) prosecution of an 18-year-old whose blood showed 4 ng/mL of THC after a crash.[7]

Sources

  1. MCL 333.26427(b)(4) — Michigan Legislature
  2. MCL 333.27954(1)(a), (g) — Michigan Legislature
  3. MCL 333.7212(1), (2) — Michigan Legislature
  4. MCL 257.625(8), (9) — Michigan Legislature
  5. People v Koon, 494 Mich 1, 3, 7-9 (2013) — Michigan Courts
  6. MJI Traffic Benchbook (4th ed) §9.11(E); MCL 257.625(8); MCL 333.7212(1)(c) — Michigan Courts
  7. People v Perry, Mich App Docket No. 355330 (Aug 12, 2021) — Michigan Courts
  8. MCL 257.625(1), (3), (8) — Michigan Legislature
  9. People v Feezel, 486 Mich 184, 204-212 (2010) — Michigan Courts
  10. MCL 257.625(1)(a)-(c) — Michigan Legislature
  11. M Crim JI 15.2(4) — Michigan Courts
  12. MCL 257.625(3) — Michigan Legislature
  13. M Crim JI 15.3(4) — Michigan Courts
  14. M Crim JI 15.4(4); M Crim JI 15.4a(5) — Michigan Courts
  15. MCL 257.625(8); MCL 333.7212(1)(c) — Michigan Legislature
  16. MCL 333.7212(1)(d)(i)-(iii) — Michigan Legislature
  17. MCL 257.625(11)(a) — Michigan Legislature
  18. MCL 257.319(8)(b) — Michigan Legislature
  19. People v Dupre, 335 Mich App 126, 138-140 (2020) — Michigan Courts
  20. MCL 333.26427(b)(3) — Michigan Legislature
  21. MCL 333.27954(1)(c) — Michigan Legislature
  22. People v Feezel, 486 Mich 184, 204–212 (2010) — Michigan Courts
  23. MCL 257.625r(1) — Michigan Legislature
  24. MSP Phase II report (January 2021) — house.mi.gov
  25. People v Bowden, 344 Mich App 171, 175 n 2, 189–191 (2022) — Michigan Courts

This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. In an emergency, call 911. For confidential help with alcohol or drug use, the SAMHSA National Helpline is 1-800-662-4357.

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