Cannabis Law

The History of Cannabis Legalization in Michigan

Michigan’s journey toward cannabis legalization has been a long and evolving one. The state first made medical marijuana legal in 2008 when voters approved the Michigan Medical Marihuana Act (MMMA), allowing patients with qualifying medical conditions to obtain marijuana for medicinal purposes. The law provided a framework for patients to access medical marijuana and for caregivers to grow and distribute it to them.

The next significant step in Michigan's cannabis history came in 2018, when voters approved Proposal 1, which legalized the recreational use of marijuana. This move made Michigan the first state in the Midwest to fully legalize recreational cannabis, and the 10th state in the nation to do so.

Under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), adults aged 21 and older are permitted to legally purchase, possess, and consume cannabis for recreational purposes. However, the law also set clear regulations regarding where cannabis can be used, how it can be bought and sold, and the rules surrounding cannabis cultivation.

Key Provisions of Michigan’s Cannabis Laws

1. Personal Use and Possession

Under Michigan’s MRTMA, adults 21 years and older are allowed to:

• Possess up to 2.5 ounces (70.9 grams) of marijuana in public.
• Possess up to 10 ounces of marijuana at home, as long as it is kept in a secure location.
• Possess and use cannabis edibles, tinctures, concentrates, and other cannabis products, provided they comply with state regulations.
• Grow up to 12 marijuana plants for personal use in their home, but the plants must be kept out of public view and be secure to prevent unauthorized access.

While possession and use are allowed for personal use, it’s important to remember that consumption in public places, such as parks, sidewalks, and restaurants, is prohibited. Michigan’s cannabis laws are designed to allow private use but to prevent public consumption, much like alcohol regulations.

2. Purchasing Cannabis

To purchase cannabis, individuals must visit state-licensed dispensaries. These retail establishments are regulated by the Michigan Marijuana Regulatory Agency (MRA), which oversees the production, distribution, and sale of marijuana products.

Recreational cannabis is subject to a sales tax of 10%, which is added to the price of the product. Medical marijuana is also taxed, but the rate is slightly different.

Purchasers must present a valid government-issued ID to confirm they are at least 21 years old. Dispensaries are required to keep records of sales and inventory, ensuring the legal and regulated distribution of cannabis. Additionally, consumers are prohibited from purchasing more than 2.5 ounces of marijuana at one time, and each individual can only purchase up to 10 ounces in a 30-day period.

3. Cannabis Use and Driving

One of the most pressing concerns with the legalization of cannabis is its potential impact on road safety. Michigan law strictly prohibits driving under the influence of marijuana, and it is treated similarly to driving under the influence of alcohol.

The law also allows law enforcement officers to conduct roadside sobriety tests if they suspect a driver is impaired by cannabis. There is currently no clear “per se” THC level for driving under the influence, unlike alcohol, which has a defined blood alcohol concentration (BAC) threshold. As such, officers must rely on their training, field tests, and, in some cases, blood tests to determine impairment.

It’s also important to note that it’s illegal to consume cannabis while in a vehicle, whether the vehicle is moving or stationary. Passengers are prohibited from consuming cannabis, and it must be stored in a secure container, out of reach of the driver.

4. Medical Marijuana in Michigan

Medical marijuana remains a vital aspect of Michigan’s cannabis laws. Since 2008, Michigan has provided a legal framework for patients with qualifying medical conditions to access marijuana. The Michigan Medical Marihuana Program (MMMP) allows registered patients to possess and use medical marijuana if they have a physician’s recommendation. Patients can also grow their own cannabis or designate a caregiver to grow it on their behalf.

The MMMP continues to function alongside the MRTMA, so medical marijuana patients are not subject to the same purchase limits or taxation as recreational users. They may also legally grow up to 12 plants for medical use, separate from the recreational plant count.

The state’s medical marijuana dispensaries are regulated by the MRA as well, but they exclusively serve patients with a medical marijuana card. Medical marijuana is often available in a wider range of products and in larger quantities compared to recreational marijuana.

5. Workplace and Employment Issues

While cannabis use is legal in Michigan for those 21 and older, it does not mean that employers are required to allow their employees to use cannabis. Employers have the right to establish their own drug policies, and many companies continue to prohibit cannabis use during work hours or while on duty.

Michigan’s legal framework allows employers to fire or discipline employees who test positive for cannabis, even if the employee is using marijuana for recreational purposes and not under the influence at work. Employers are also allowed to maintain drug-free workplace policies, though there are protections in place for medical marijuana users. Specifically, the law prohibits discrimination against a person who is a registered medical marijuana patient and who is not impaired at work.

6. Cannabis Cultivation

Michigan law permits individuals to grow their own cannabis for personal use, with a limit of 12 plants per individual. These plants must be kept in a secure area and should not be accessible to minors or the public. It is illegal to sell marijuana that is grown personally; it is only for personal use or for gifting.

For those who want to operate a commercial cultivation facility, Michigan’s cannabis laws are highly regulated. A license from the Michigan Marijuana Regulatory Agency is required to cultivate, process, or distribute cannabis on a commercial scale. These businesses must adhere to strict zoning, security, and reporting requirements, ensuring the cultivation process is safe and compliant with state laws.

Michigan’s Cannabis Tax Revenue

Cannabis legalization has been a significant source of tax revenue for Michigan, which benefits the state’s infrastructure, education system, and public safety initiatives. The 10% sales tax on recreational cannabis, along with excise taxes imposed on cultivators and producers, contribute to a growing fund that supports these areas.

Additionally, a portion of the tax revenue is allocated to municipalities that allow cannabis businesses to operate within their jurisdiction. This has provided local governments with a new source of funding, which can be used to improve public services or reinvest in their communities.

Challenges and Future of Cannabis Law in Michigan

Despite the successes of cannabis legalization in Michigan, there are ongoing challenges and evolving issues to address. These include ensuring equitable access to the cannabis industry, preventing illegal sales through unlicensed dealers, and improving impaired driving detection methods. Additionally, the cannabis industry remains subject to federal restrictions, which complicates matters such as banking and interstate commerce.

As Michigan continues to implement and refine its cannabis laws, there will likely be new opportunities for reform, education, and growth. Whether it’s expanding access to medical marijuana patients or addressing public safety concerns, the state will need to balance the benefits of cannabis legalization with the responsibilities it entails.

Conclusion

Michigan has made significant strides in cannabis law, both in terms of medical and recreational marijuana legalization. The state’s approach offers a model for other regions seeking to balance personal freedom with regulatory oversight. While there are still issues to work through, Michigan's cannabis laws provide a solid foundation for the future of marijuana use, cultivation, and commerce in the state. If you're a Michigan resident or visitor, understanding these laws is crucial for navigating the legal landscape and enjoying cannabis responsibly and legally.

Works Cited

1. Michigan Marijuana Regulatory Agency (MRA). (2024). Marijuana Legalization and Regulation. Michigan Department of Licensing and Regulatory Affairs. Retrieved from https://www.michigan.gov/cannabis
2. Michigan Legislature. (2024). Michigan Regulation and Taxation of Marihuana Act (MRTMA). Michigan Legislature. Retrieved from https://www.legislature.mi.gov/
3. Michigan Medical Marihuana Program (MMMP). (2024). Overview of the Michigan Medical Marihuana Program. Michigan Department of Licensing and Regulatory Affairs. Retrieved from https://www.michigan.gov/medicalmarihuana
4. Michigan State Police. (2024). Impaired Driving and Cannabis Use in Michigan. Michigan State Police. Retrieved from https://www.michigan.gov/msp
5. Michigan Association of Compassion Centers (MACC). (2024). The Business of Cannabis in Michigan. Retrieved from https://www.macc.org
6. U.S. Department of Transportation. (2024). Drugged Driving: Marijuana and Impaired Driving Laws. National Highway Traffic Safety Administration. Retrieved from https://www.nhtsa.gov/
7. American Civil Liberties Union (ACLU). (2024). Cannabis Legalization and Social Justice. ACLU. Retrieved from https://www.aclu.org/issues
8. Michigan Cannabis Industry Association (MCIA). (2024). Cannabis Industry Overview. Michigan Cannabis Industry Association. Retrieved from https://www.micannabisindustry.org