Recreational Marijuana is Now Legal in Michigan
2/26/2019
The Michigan Regulation and Taxation of Marijuana Act went into effect on December 6, 2018, but there are still many misconceptions that individuals should know before engaging in recreational use. Here are a few important aspects of the new law:
- As of December 6th, it is legal for an individual 21 or older to grow, consume, or possess certain amounts of marijuana, but you cannot purchase or sell marijuana without licensure under the Michigan Medical Marijuana Act. The lag time between passage of the new law and when vendors will gain licensure for public sales creates somewhat of a paradigm.
- Under the new law, an individual can carry up to 2.5 ounces, but there are prohibited places like federal property, K-12 schools, and many universities that have drug-free policies. An individual can also store up to 10 ounces at their residence and grow up to 12 plants, but the marijuana must be stored in a locked room/container.
- The marijuana cannot be consumed in public. think of the laws against public intoxication and open container/consumption. This comes with the caveat that landlords, leaseholders, and business owners have the right to prohibit smoking marijuana on their premises but cannot prohibit the possession or consumption of non-smoking products like edible marijuana.
- The license and regulations for retail stores will not be finalized until December 6, 2019, so you won't see retail stores in Michigan until sometime in early 2020. Municipalities will retain the right to ban retail sales of marijuana, but not proper consumption or possession. That means many localities will not have any type of retail shops. This does not mean it is acceptable to purchase marijuana in another state or Canada because it remains unlawful at the federal level still. Transporting marijuana could expose an individual to federal and local charges.
- It is still unlawful to operate a motor vehicle while under the influence.
- Marijuana is still classified as a Schedule 1 Substance at the federal level. this means it remains illegal at the federal level regardless of what laws are passed by the states.
If you are charged with a marijuana related crime or have questions about the legalities of Michigan recreational marijuana, call an experienced Kalamazoo criminal defense attorney. Our criminal defense lawyers are here to help you.