Is Marijuana Legal in Michigan?

Michigan has legalized cannabis for medical and recreational use.

With the passage of the Michigan Medical Marihuana Act in 2008, followed by the legalization of adult-use cannabis in 2018, Michigan became the first midwestern state to allow both medical and recreational marijuana use. While cannabis is fully legal within Michigan, state law does not permit public consumption, driving under the influence, or traveling across state lines with marijuana.

Marijuana Laws in Michigan

Marijuana is legal for both medical and recreational use in the state of Michigan. Each program includes a series of legal guidelines consumers are expected to follow.

Medical Cannabis Laws

Although the Michigan Medical Marihuana Act of ‘08 authorized the use of medical cannabis and provided certain protections for patients and caregivers, it failed to establish regulations for cannabis providers.

This prompted an overhaul of the regulatory landscape. And in 2016, a series of bills were passed that established a regulatory system for medical cannabis dispensaries and approved the use of additional cannabis products, such as topicals and edibles.

While both medical and recreational marijuana use is legal in Michigan, there are some added benefits to being a medical cannabis cardholder. While recreational sales are taxed at 16%, medical marijuana patients are only charged 6%. There are also higher possession limits for medical patients. Medical cannabis consumers in Michigan can possess:

• Up to 16 oz of a solid cannabis product
• Up to 7 g of a “gaseous” cannabis product
• Up to 36 fl oz of a liquid cannabis product

Like recreational users, medical cannabis patients may also cultivate up to 12 plants within a private residence. Patients under 18 must have a designated caregiver to purchase and administer medical marijuana.

Recreational Marijuana Laws

Recreational users 21 and older may possess up to 2.5 ounces of cannabis, including a maximum of 15 grams of marijuana concentrate. Adult consumers can grow up to 12 plants within their home, in a secured area, away from public view. Furthermore, adults may possess up to 10 ounces of marijuana as well as any cannabis produced by plants cultivated within their private residences.

Cannabis possession and consumption are also prohibited in public spaces, as is driving under the influence of marijuana. Penalties for violating laws governing cannabis use in Michigan range from a civil infraction to a felony, with fines starting at $500.

In addition to Michigan’s 6% sales tax, cannabis retail sales are subject to an additional 10% excise tax. Michigan’s recreational sales tax generated more than $198.4 million in 2022, with more than $42.2 million distributed among 163 counties and municipalities, as well as K-12 education and the Michigan Transportation Fund.

Lastly, the passage of HB 4744 in 2019 legalized the sale, possession, distribution, and use of THC isomers such as delta-8, delta-10, and hashish. Additionally, while hemp-derived CBD is legal in Michigan, cannabis-derived CBD is prohibited.

What to Know About About Medical Cannabis in Michigan

Since marijuana is illegal on the federal level, cannabis-friendly states must develop and implement their own cannabis legislation. Although regulations continue to evolve, Michigan has incorporated a comprehensive set of guidelines for legal medical marijuana use.

Certain Conditions Qualify for a Medical Marijuana Card in Michigan

The Michigan law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (ALS), aka Lou Gehrig’s Disease
• Arthritis
• Autism
• Cancer
• Cerebral Palsy
• Chronic Pain
• Colitis
• Crohn’s Disease
• Glaucoma
• Hepatitis C
• Inflammatory Bowel Diseases (IBDs)
• Nail-Patella syndrome
• Obsessive-Compulsive Disorder (OCD)
• Parkinson’s Disease
• Post-Traumatic Stress Disorder (PTSD)
• Rheumatoid Arthritis
• Spinal Cord Injury
• Tourette’s Disease
• Ulcerative Colitis
• A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
  • Cachexia or wasting syndrome
  • Severe or chronic pain
  • Severe nausea
  • Seizures (including but not limited to those characteristic of epilepsy)
  • Severe and Persistent Muscle Spasms (including but not limited to those characteristic of multiple sclerosis)

Michigan Has Medical Cannabis Reciprocity Laws

Michigan recognizes medical marijuana cards from other states or regions as long as those states or regions also have reciprocity with Michigan.

The following states and U.S. territories offer reciprocity with Michigan:

• Arizona
• Arkansas *
• Delaware
• Hawaii *
• Louisiana
• Maine
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

Telemedicine Is Allowed

Patients in Michigan may receive evaluations and recommendations via telemedicine. If you’re ready to get certified online, connect with a physician at Leafwell today.

There Are No Employment Protections for Cardholders

There are no current employment laws protecting medical cannabis cardholders in Michigan. Employees who legally use medical marijuana can be denied employment or fired for violating an employer’s drug policy. The same holds true for recreational users.

That being said, in May of 2023, The Michigan Civil Service Commission released proposed amendments to eliminate pre-employment marijuana testing for most government job candidates and retroactively rescind penalties for those who have tested positive for cannabis use in the past.

Can You Grow Cannabis In Michigan?

Yes, both adult medical marijuana patients and recreational consumers can cultivate up to 12 plants per person within a private residence for personal use. Caregivers are also permitted to grow/possess up to 12 marijuana plants. Plants must not be publicly visible.

The Bottom Line

Marijuana is legal for both medical and recreational use in the state of Michigan.

Medical cannabis is accessible to those with a valid medical marijuana card. While patients and recreational consumers alike may possess up to 2.5 ounces of cannabis and cultivate 12 plants within a private residence, medical cannabis users have higher possession limits depending on the type of product.

Rules for consumption, possession, and cultivation stipulate that marijuana is prohibited from public places. Additionally, THC isomers such as delta-8 and delta-10 are legal, as is hemp-derived CBD.

As the regulatory landscape continues to evolve, residents can stay updated on any changes to Michigan’s cannabis laws by following its Medical Marijuana Licensing Board and Marihuana Advisory Panel.