Marijuana Crimes in Michigan
Michigan voted for the legalization of recreational cannabis in 2018, a decade after medical marijuana was approved. Yet marijuana laws are still strict and can be difficult for individuals to interpret. Here’s everything you need to know about what constitutes a marijuana crime in Michigan.
What are the Marijuana Laws in Michigan?
Marijuana law in Michigan states that you must consume marijuana in your own private residence. You are not allowed to consume marijuana in a public place. It is only legal for those over the age of 21 to consume recreationally. Legal possession is carrying up to 2.5 ounces in a public place or having up to 10 ounces in your private residence. Distribution of up to 2.5 ounces to those over the age of 21 without financial benefit is also legal. You can also own up to 10 plants, provided these are not visible through a window. If you do own more than 2.5 ounces at home, you must store these in a secure location. It is also important to note that at certain federal locations, like airports, carrying cannabis is a crime. You should always hire a criminal defense attorney if you are facing criminal charges.
What About If I Have A Medical Marijuana Card?
If you have a preexisting condition, including:
- Cancer
- Glaucoma
- HIV/ AIDs
- Crohn’s, Colitis, or IBS
- Arthritis
You can also qualify for a medical marijuana card which carries its own legal protections.
When Is Marijuana Use Considered A Crime?
Although marijuana has been legalized for limited recreational use, it is still considered a Schedule 1 drug. This means that under the law if your driving is considered to be impaired due to consumption of marijuana, you can face fines, community service, and even jail time. Laws for use of marijuana while driving are currently the same as drunk driving. If you carry a medical marijuana card, the arresting officer must prove that marijuana is the reason for your impaired driving.
What Are The Penalties For Marijuana Crimes In Michigan?
Distribution of between 2.5 and 5 ounces without financial gain is considered a civil infraction and carries with it community service and a fine. Possession of the same amount is viewed in the same way. Owning between 12 and 24 plants is also a civil infraction and carries a fine.
If you own more than 5 ounces (first offense) or between 25 - 200 plants (first offense) you may be charged with a misdemeanor. Felony charges begin for second offenses of any kind and for selling any amount for financial benefit. If you sell to children or injure anyone while driving under the influence, felony charges can be much higher. It is essential that you hire a criminal defense attorney to avoid severe criminal charges.
How Are My Children Impacted If I Am Arrested For Marijuana Crime?
Drug use or drug-related crimes are included in child endangerment laws in Michigan. This means that if you face criminal charges for marijuana possession or distribution, you may need to deal with the CPS. It is essential that you hire a criminal defense attorney for advice and consultation in instances like these.
The Law Offices of Ray Cassar Can Help
If you have found yourself in violation of the Michigan marijuana possession laws, contact the law offices of Ray Cassar. Our experienced attorneys are capable of handling all cases involving marijuana possession and are here to answer any questions you may have. Contact us today to understand what may happen.
Speak to a Pro: (248) 855-0911