The Criminal Defense Law Center of
West Michigan

Recreational Marijuana Laws In Michigan: 5 Key Points

In December of 2018, the great state of Michigan became the tenth state in the United States to legalize adult recreational use of marijuana. Michigan’s New Recreational Marijuana Law: 5 Key Points will give you some key points you need to remember from this new law. Voter turn out was huge in November of 2018. The voters approved making marijuana legal by a 55%-44% margin.

  1. People who are 21 and older are now allowed to possess 2.5 ounces of marijuana.  People are allowed to use marijuana in private or in certain public spaces that designated for use of marijuana. A person is not allowed to smoke marijuana in public. Houses are allowed to have 12 marijuana plants. The plants have to be enclosed and locked. The plants are not allowed to be visible from neighboring properties.
  2. There can be private transfers of marijuana as long as the two people doing so are over the age of 21. The amount of marijuana is not allowed to be over 2.5 ounces. There are some people that try to use the gift provision to make money. However, the gift permission part of the law was designed to allow friends to use marijuana together in private. It was not made as a way to make money.
  3. Recreational marijuana businesses will probably not be able to open until 2020.  The state has up to one year to create a licensing process for recreational facilities. A person will not be able to apply for a license until 2019. After an application is submitted, it will take at least several months before the state starts giving out a license.
  4. If you want to buy marijuana from a dispensary,  you will need a valid medical marijuana card or a caregiver card before you can buy marijuana from a dispensary. A person who wants to visit a dispensary, should visit the Michigan Medical Marihuana Program and talk with their physician to see if you can get a card
  5. If you drive while under the influence of Marijuana, you can still be charged with a crime. Under the new law, a person is not allowed to operate a motor vehicle while they are under the influence of Marijuana. The same penalties apply to driving under the influence of marijuana as they do for drunk driving. If you think you are under the influence of marijuana, use a designated driver and a taxi. You can also use services like Uber or Lyft.

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