Michigan Cannabis Laws: Complete Legal Guide
Michigan regulates cannabis through two primary laws: the Michigan Medical Marihuana Act (MMMA) of 2008 and the Michigan Regulation and Taxation of Marihuana Act (MRTMA) of 2018. Both programs are administered by the Cannabis Regulatory Agency (CRA), formerly the Marijuana Regulatory Agency.
Is Marijuana Legal in Michigan?
Yes, both medical and recreational marijuana are legal in Michigan:
- Medical Cannabis: Legal since November 4, 2008 (MMMA - Proposal 1)
- Recreational Cannabis: Legal since December 6, 2018 (MRTMA - Proposal 1)
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| Michigan Medical Marihuana Act | MCL 333.26421-333.26430 | November 4, 2008 |
| Michigan Regulation and Taxation of Marihuana Act | MCL 333.27951-333.27968 | December 6, 2018 |
| Medical Marihuana Facilities Licensing Act | MCL 333.27101-333.27801 | December 20, 2016 |
Recreational Cannabis Laws (Adults 21+)
Under MCL 333.27955, adults 21 and older may:
Possession Limits:
- 2.5 ounces of marijuana on their person in public
- 10 ounces of marijuana stored at their residence
- 15 grams of marijuana concentrate
Home Cultivation:
- Up to 12 marijuana plants per household
- Plants must be kept in an enclosed, locked facility
- Cannot be visible from a public place without optical aids
Prohibited Activities:
- Public consumption
- Consumption while operating a motor vehicle
- Providing marijuana to persons under 21
- Possession on school grounds or federal property
- Transferring more than 2.5 oz without renumeration
Medical Marijuana Program
The Michigan Medical Marihuana Program (MMMP) is governed by MCL 333.26421-333.26430. The program allows qualifying patients access to medical cannabis.
Qualifying Medical Conditions (per MCL 333.26423):
- Cancer
- Glaucoma
- HIV/AIDS
- Hepatitis C
- Amyotrophic lateral sclerosis (ALS)
- Crohn's disease
- Agitation of Alzheimer's disease
- Nail patella syndrome
- Parkinson's disease
- Post-traumatic stress disorder (PTSD)
- Autism spectrum disorder
- Obsessive compulsive disorder
- Chronic pain
- Severe and persistent muscle spasms (including MS)
- Seizures (including epilepsy)
- Severe and chronic nausea
- Cachexia or wasting syndrome
Medical Patient Possession Limits:
- Up to 2.5 ounces of usable marijuana
- Up to 12 plants (in enclosed, locked facility)
- Caregivers may assist up to 5 patients
Penalties for Violations
Under MCL 333.27965 (MRTMA Penalties):
Possession Over Limits (Personal Use):
| Amount Over Limit | Classification | Penalty |
|---|---|---|
| Up to 2x legal limit | Civil Infraction | Up to $500 fine |
| More than 2x legal limit | Misdemeanor | Up to $2,000 fine, 1 year jail |
Under 21 Possession:
- 1st offense: Civil infraction, forfeiture, up to 4 hours community service
- 2nd offense: Civil infraction, $100 fine, forfeiture, community service
- 3rd offense: Misdemeanor, $500 fine, possible probation
Unlicensed Commercial Activity: Under MCL 333.7401:
| Amount | Classification | Penalty |
|---|---|---|
| < 5 kg or < 20 plants | Felony | Up to 4 years, $20,000 fine |
| 5-45 kg or 20-200 plants | Felony | Up to 7 years, $500,000 fine |
| > 45 kg or > 200 plants | Felony | Up to 15 years, $10,000,000 fine |
Driving Under the Influence
Driving under the influence of marijuana is prohibited under MCL 257.625. Michigan uses an impairment standard rather than a strict per se THC limit.
Operating While Intoxicated (OWI) Penalties:
- 1st offense: Misdemeanor, up to 93 days jail, up to $500 fine, up to 360 hours community service
- 2nd offense (within 7 years): Misdemeanor, 5 days - 1 year jail, $200-$1,000 fine
- 3rd offense (felony): 1-5 years prison or probation with 30 days - 1 year jail
Important: Medical marijuana patients are NOT exempt from OWI laws.
Taxation
Under MCL 333.27963:
- 10% excise tax on adult-use retail sales
- 6% sales tax (standard state sales tax)
- Total tax rate: 16%
- Medical cannabis: Exempt from excise tax (sales tax only)
Revenue Distribution:
- 15% to municipalities with licensed retailers
- 15% to counties with licensed retailers
- 35% to School Aid Fund
- 35% to Michigan Transportation Fund
Cannabis Regulatory Agency
The Cannabis Regulatory Agency (CRA) oversees all cannabis licensing, regulation, and enforcement in Michigan.
Contact Information:
- Website: michigan.gov/cra
- Phone: (517) 335-0918
- Email: CRA-Licensing@michigan.gov
Agency Responsibilities:
- Licensing medical facilities and adult-use establishments
- Patient and caregiver registration (MMMP)
- Enforcement and compliance
- Testing and tracking requirements
Local Control
Under MCL 333.27956, municipalities may:
- Opt out of allowing recreational marijuana establishments
- Limit the number of marijuana establishments
- Require local licenses in addition to state licenses
- Charge local license fees up to $5,000 annually
Municipalities cannot prohibit:
- Personal possession within legal limits
- Home cultivation within legal limits
- Transportation through their jurisdiction
Employment Rights
Under MCL 333.27954(1)(b), Michigan's cannabis laws do NOT:
- Require employers to permit marijuana use in the workplace
- Prevent employers from disciplining employees for workplace marijuana use
- Prevent employers from refusing to hire based on marijuana use
- Affect employer drug testing policies
Employers may maintain drug-free workplace policies.
Federal Property
Marijuana remains illegal under federal law. Possession or use on federal property in Michigan (national parks, federal buildings, military bases) is subject to federal prosecution.
Key Resources
- Cannabis Regulatory Agency: michigan.gov/cra
- MMMP Patient/Caregiver Info: michigan.gov/cra/sections/mmmp
- MRTMA Full Text: legislature.mi.gov
- MMMA Full Text: legislature.mi.gov
- Administrative Rules: michigan.gov/cra/resources
This information reflects Michigan cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.