Is marijuana legal in Michigan? Marijuana weed possession laws in different states can be confusing. The drug possession laws in the State of Michigan are no different.
Federal law criminalizes possession of small amount of marijuana, yet a growing number of states only have enacted civil penalties or no penalties at all for those possessing certain amounts and types of marijuana.
This paranoia about controlled substances occurred in the 1970s, during the Nixon Administration. Richard M. Nixon insisted that marijuana had to be classified as a Schedule I drug (which was the most dangerous).
That was categorically false, but President Nixon was persistent and unyielding. Even in the year 2023, some states (like South Dakota) have never faltered from Nixonian “logic” when it comes to keeping their draconian marijuana statutes.
Many people have served years in prison for minor drug crimes (e.g., possession of an ounce of marijuana). Today, possession of a small amount of marijuana, would only incur a fine for a first-time offender.
Michigan has become the first Midwest state to legalize recreational marijuana, finally settling the debate. Ballot Proposal 1 was successful, allowing use or sale for individuals in Michigan, ages 21 and over.
Joining nine other states and the District of Columbia in Washington, DC, Michigan now allows recreational cannabis use. The State’s cannabis industry is lobbying for fewer and fewer restrictions, to increase sales.
In Gonzales v. Raich, the US Supreme Court determined on that 2005 decision that the use of marijuana, even locally, has an effect on federal law enforcement, permitting Congress to make laws forbidding its use and sale in interstate business.
Congress has yet to “lift” this ban because the legislators fear being put out of office by voting for legalization. Many times, a person from another state who is visiting Michigan decides to “stock up” on cannabis products and take these home.
Some states follow federal laws and prohibit any possession, while other states do allow possession, with some restrictions. Grudgingly, most states now allow legalized medical marijuana with a dizzying array of different laws from state to state.
Despite legalization of medicinal or recreational cannabis product use in some states, possession is still often illegal. Plus, marijuana possession in Michigan is unlawful if the person is under 21 years old.
This includes possession, consumption, and sale of marijuana products. Most regulations and enforcement of marijuana use are at local and state levels. However, the federal government has the power to enforce marijuana possession laws if it occurs on federal property or if it affects “interstate commerce.” This means that federal enforcement of local cannabis use is effective.
The Great Lakes State becomes a recreational Weed State. So, since 2018, Michigan residents have been able to find licensed dispensaries in Michigan. In becoming one of the states where weed is legal, Michigan recreational use has soared.
A Recent Change in the Michigan Edible Limit. Michigan’s 2022 laws now authorize 200 mg of THC in adult-use edibles, double the amount previously allowed for medicinal edibles.
This creates a legal situation where people are unsure whether they can comply with state laws about marijuana use and possession. While there may be a solution to this problem in the future, for now there are still potential federal consequences to people breaking state laws.
Marijuana laws in Michigan. If caught in public, smoking marijuana, a misdemeanor charge may be accused against you, resulting in up to ninety (90) days of jail time and up to a $100 fine. Possession of marijuana is a more serious crime and can cause up to a year of jail time and fines of up to $2,000.
For certain, a person facing his or her 1st time offense of possession of weed is likely to get a more favorable sentence, if convicted. For any offense, contact a drug possession lawyer with Barone Defense Firm to obtain your free lawyer consultation.
Four major benefits will come from this case review by a skilled and experienced criminal law attorney:
(1) You will know about where you stand and what is at risk in your case.
(2) if any type of criminal case “preparation” is needed, after our criminal attorneys near me review your facts, you can start that “mitigation” plan.
(3) Since most people are not prepared to pay a fee for a Michigan criminal defense lawyer, our legal professionals can go over fees and our payment plan options.
(4) Clients usually feel a sense of “relief” after their no-cost interview with us and feel that the burden has been taken off their shoulders when they obtain legal representation.
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Contact our lawyers in Michigan 24 hours a day at our easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review.
Drug possession in Michigan is basically to have it physically on a person or for a person to have knowledge of the drug in a location (e.g., glove compartment) that it is within their ability to control. This means that the illegal substances do not necessarily have to be “on” the individual or in a pocket. If the drugs are near enough to the arrested person that she or he could reach it or control it, then the defendant can be found to be in possession of a drug in Michigan.