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Marihuana possession is legal in Michigan; distribution is not

On Behalf of | Mar 24, 2025 | Criminal Defense

Recreational use of marihuana became legal in Michigan in 2018. However, there are several regulations regarding plant ownership, the amount you can buy per transaction and how much you can have in your possession.

Understanding Michigan’s cannabis laws can make the difference between legal possession and illegal distribution.

Penalties for distribution

According to the Michigan Regulation and Taxation of Marihuana Act (MRTMA), adults 21 and older can have 2.5 ounces of marihuana on their person. They can have up to 10 ounces in their home, but any over 2.5 ounces must be stored in a locked container. In addition, adults can cultivate up to 12 plants on residential property.

Michigan also allows the distribution of marihuana, but only by licensed retailers. Any sales or gifting of more than 2.5 ounces outside of this regulation is considered illegal distribution. If the amount is between 2.5 and 5 ounces, it is considered a civil infraction and you may be fined $500. However, once you go over 5 ounces, it is regarded as a felony and the penalties are harsh:

  • Less than 5 kilograms: 4 years in prison and a $20,000 fine
  • Between 5 and 45 kilograms: 7 years in prison and a $50,000 fine
  • Over 45 kilograms: 15 years and a $10,000,000 fine

These penalties are intended to ensure that all marihuana legally sold in Michigan is taxed and tested.

To stay compliant and avoid being arrested, keep the following in mind:

  • Know Michigan’s limits for possession, on your person and at home
  • Don’t sell or share your marihuana with anyone
  • Use marihuana in private spaces only, as it is prohibited in public areas
  • Driving while under the influence of marihuana is also illegal

If you are being charged with the illegal distribution of marihuana, you will need assistance to build a strong and strategic expense. That will provide you with the best chance of having the charges dismissed or downgraded.