What are the laws for cannabis in Michigan?

On November 6, 2018, Michigan voters legalized recreational use and limited possession of cannabis. Previously, only medical use was allowed. Michigan residents over 21 years old can now possess and grow up to 12 plants at home, and anyone who is 21 or older can legally purchase or carry up to 2.5 ounces of marijuana at a time. For both people with medical cards and those who are just looking for legal recreational pot, there needs to be an approval from a doctor on the list of licensed physicians within the Department of Licensing and Regulatory Affairs (LARA).

While there are some restrictions in place, these new laws are getting a lot of attention from marijuana advocates. Because of this, there are many questions being asked about the new laws and how they will affect people. Here are some of the most popular questions that people ask about Michigan’s recreational cannabis laws.

How long does it take for someone to receive their medical marijuana card?

Michigan does not have a statewide medical marijuana program. Instead, each county has its own program allowing patients to apply for a card with a local doctor. There are also seven other non-profit organizations across the state that are fully licensed to certify physicians to provide medicinal cannabis cards. As long as a patient lives in an area that has an approved certification organization and a doctor willing to sign the application, a qualified patient can get a card within two to four weeks.

Can someone be charged with possessing cannabis even if they have their medical marijuana card?

Yes. Possessing more than 2.5 ounces of cannabis is still illegal, even though the new law allows people with a medical marijuana card to possess up to 12 ounces of marijuana at any given time. There is also an exception for extracts and concentrates, as long as they are not being used illicitly. It is also illegal to sell or give away cannabis without the proper licenses, so this will remain the case in Michigan as well.

In short, there are still some severe penalties for marijuana possession. This includes a jail sentence of up to three years, a fine of up to $5,000, and a mandatory prison sentence if someone has been convicted of two other felonies. Additionally, people convicted under these laws will not be able to receive federal financial aid in the future.

Are there any restrictions on what people with medical cards can buy?

In order to be eligible for a medical card under Michigan’s new law, patients must have certified that they need cannabis for one of nine serious medical conditions. These include:

Cachexia

Cancer

Crohn’s disease

Glaucoma

HIV/AIDS or AIDS-related conditions (not including AIDs related to drug use)

Persistent muscle spasms, including multiple sclerosis (MS.) or Parkinson’s disease.  People with a complete spinal cord injury related to MS. may also be eligible for a legal card. Other neurological diseases such as Amyotrophic Lateral Sclerosis (ALS,) Multiple Sclerosis, and Muscular Dystrophy are also eligible for treatment with cannabis under the law.

Seizures, including those associated with epilepsy.

Severe pain.  The pain must be severe enough to require at least one dosage of opioid medication per day.

Glaucoma, HIV/AIDS (not including AIDs related to drug use), and Hepatitis C

Amyotrophic Lateral Sclerosis (ALS,) Multiple Sclerosis, and Muscular Dystrophy are also eligible for treatment with cannabis under the law.

According to the new law passed by voters in November, only people who are registered patients may purchase cannabis from an out-of-state dispensary licensed by the state. These dispensaries are not yet in place, so it is unclear how the banking restrictions will be enforced. There are currently 29 licensed medical marijuana businesses operating in Michigan.

Are there any restrictions on the number of plants one can grow?

In order to be eligible for a medical marijuana card, patients must have a certified doctor’s diagnosis of one of the above-mentioned conditions. After that, people with a medical card will also need to register with LARA and pay a $100 application fee. If approved, they may then purchase cannabis from one of the designated out-of-state dispensaries through this program too. The state’s new law does not set any limits on how many plants can be grown at home though.

Do you need an ID to buy medical marijuana?

According to the new law, patients can only purchase cannabis through one of the designated dispensaries operating within the state. These are not yet functioning, so it is unclear how this will be enforced. It's possible that people will be allowed to use a medical card like a credit card for purchases or something similar, though this has not been announced.

How old do you need to be in order to apply for a medical marijuana card?

Michigan does not have a minimum age requirement for applying for an adult-use recreational cannabis license; however, there is a prohibition on selling or giving away any cannabis products to anyone younger than 21. Medical cards in the state of Michigan do require a person to be at least 18 years old.

Can I get a driver's license for marijuana in Michigan?

Yes, medical marijuana use is also legal for people with a driver’s license of any kind. A card from LARA will be necessary to legally possess cannabis while operating any vehicle or motor vehicle. It is still illegal for people under 21 to drive if they are under the influence of marijuana, regardless of whether they have a medical card. For this reason, it is important that patients carry their medical documentation with them at all times when using recreational cannabis and drive at all times as well.

Are medical marijuana patients eligible for any tax break or tax deductions?

In Michigan, medical marijuana use is not tax-exempt and people are not entitled to any type of tax deduction for the costs associated with their medicine.

Will I have to pay taxes on medical marijuana?

With state laws on recreational cannabis still being decided, it’s unclear whether people who use cannabis as medicine will be eligible for any type of tax break. Medical marijuana can be purchased from an out-of-state dispensary through that state’s program, so customers could potentially take advantage of a lower tax rate while legally purchasing these products.

How much medical marijuana can you have in Michigan?

Michigan’s new medical marijuana laws allow those with a card to purchase up to two 1/2 ounces of cannabis from an approved dispensary every 14 days. They are also allowed to grow up to 12 plants and possess up to 10 ounces at home.

Where can I smoke medical marijuana in Michigan?

In order to use recreational cannabis, a patient has to be at least 21 years or older. It is important for all medical users of marijuana in the state of Michigan to know where they can consume their medicine legally. There are two types of locations where you can consume medical marijuana:

1. In a private residence

2. In any place where smoking tobacco is allowed, including bars and restaurants (with the exception of casinos) and places where alcohol is served

How do you get a medical marijuana card in Michigan?

You must apply for a card and qualify at one of the State’s participating doctors’ offices or dispensaries. If accepted, you will pay a $60 application fee that covers both your application and your first card issued by the State. After that, it will cost $50 to renew your card annually. You can pay for your card and have it mailed to you, or visit a participating doctor’s office or dispensary to pick it up in person.

Once you receive your medical marijuana card in the mail, it will be good for one year from the date of issue. You may keep your original card past the expiration date if you want to renew it, and also be issued a new card on the same day if you choose. You may even show your existing medical marijuana card to law enforcement and they will not arrest you. But make sure that nothing has changed with respect to its prescription since its last issuance.

On June 16, 2017, Attorney General Jeff Sessions wrote a letter to Congressional leadership addressing that federal law does not pre-empt state marijuana laws. This means that while cannabis is still illegal at the federal level, it will not be a priority for the Department of Justice to enforce federal law with respect to medical marijuana. Sessions also noted in his letter that Congress could change the laws with respect to possession and distribution of cannabis if they wish.

At this time, there has not been a change in federal law regarding what is allowed under the law with respect to possession of marijuana and how it is distributed by dispensaries. The new head of the Department of Justice under President Trump has made statements indicating he will not make any dramatic changes to federal policy on marijuana. It remains a state issue and a matter for state governments to decide whether or not to allow recreational marijuana use in their communities.