LANSING, Mich. (Michigan News Source) – What are the marijuana laws in Michigan? Although marijuana is legal in some states like Michigan (with restrictions), it’s still currently illegal at the federal level and it’s still classified as a Schedule 1 controlled substance. While there is talk of changing that status by the president to decriminalize the drug, those steps haven’t been taken yet by Congress.

In 2018, Michigan became the first midwestern state to allow both medical and adult-use marijuana. The Michigan Regulation and Taxation of Marihuana Act was passed by Michigan voters that year and it allows anyone age 21 or older to purchase and possess up to 2.5 ounces of marijuana, grow as many as 12 plants at home, keep up to 10 oz. of marijuana flower in a secured location and have up to 15 grams of marijuana concentrate at one time.

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According to “Marijuana in Michigan: What You Need to Know,” a report released by the Michigan Marijuana Regulatory Agency (MRA), the law also set up a “system for the state-licensed cultivation and distribution of marijuana, with sales subject to a 10% excise tax in addition to Michigan’s 6% sales tax) The law went into effect on December 6, 2018 and the first marijuana retailers opened to the public on December 1st of 2019. However, approximately, 3/4 of Michigan municipalities have banned adult-use (recreational) marijuana retailers like in Grand Traverse County where currently only medical marijuana dispensaries are allowed.

According to the Michigan Cannabis Industry Association (MICIA), an advocate of legalizing marijuana,
“although recreational cannabis continues to gain acceptance in communities around the state, most of
Michigan’s municipalities still don’t allow adult-use businesses within their borders. As of July, only 125
municipalities have opted in to the Michigan Regulation and Taxation of Marijuana Act, while 1,382 have
opted out.”

What is NOT permitted concerning marijuana in Michigan is public consumption, crossing state lines with
marijuana and driving under the influence with any amount of the drug.

Arrests Down, Crashes up…

The National Organization for the Reform of Marijuana Laws (NORML), another group pushing the
legalization of marijuana, shows Michigan data from 2018 to 2020 that was provided by the FBI that
reports arrests of marijuana possession in 2018 were at 14,041 and they dramatically went down to 422 in
2020. Additionally sales arrests went from 1,584 in 2018 to 148 in 2020.

A study conducted by the University’s Institute for Social Research and the Criminal Justice Administrative
Records System (CJARS) shows that from 2013 to 2017, “positive tests for cannabinoids in crash involved drivers have more than doubled over the five-year time frame.” They continue, “it is likely that both the amount of drug testing and the number of THC-positive drivers have increased during this time.”

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For various reasons including the fact that marijuana in Michigan is not regulated (strength), there is currently no THC test when a driver is pulled over. They are put through the standard field sobriety tests if they appear under the influence of something and that can also lead to a Breathalyzer and/or blood test which can later be used to prove that a driver was under the influence of marijuana.

The Snyder administration released a report titled “Report from the Impaired Driving Safety Commission” in March of 2019. This report was the result of the commission’s research and recommendations for the appropriate threshold of THC in someone’s system to prove impaired driving and recommendations for future legislation actions.

The commission included Col. Kriste Kibbey Etue, the Director of the Michigan State Police and a representative; a qualified and registered patient under the Michigan Medical Marijuana Act; a forensic toxicologist; a professor from a public research university in Michigan with expertise in traffic safety; a professor of pharmacology and toxicology from a public research university in Michigan with expertise in cannabis; and a physical licensed under the public health code.

They looked at the absorption rate of the drug, distribution throughout the body, metabolism and other medical effects. They concluded that “because there is a poor correlation between THC bodily content and driving impairment, the Commission recommends against the establishment of a threshold of THC bodily content for determining driving impairment and instead recommends the use of a roadside sobriety test(s) to determine whether a driver is impaired.

Medical Marijuana – Getting Legal

Medical marijuana is being sold in Michigan and elsewhere for many different ailments and also mental health issues like anxiety, PTSD, and ADHA. It’s also being used to help with cancer-related pain and Michigan has a list of qualifying conditions it can be used for which includes glaucoma, Hepatitis C, Crohn’s disease, arthritis, spinal cord injury, IBD, Parkinson’s disease, autism, chronic pain, cerebral palsy and more.

If a person wants to apply for a medical marijuana card in Michigan, they have to be 18 years of age or older, visit a medical doctor (M.D. or D.O.) licensed in the state, be diagnosed with a qualifying debilitating condition and submit a $40 application fee and all required documentation. There is an online application at the state of Michigan’s website.
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Coming on Monday, October 24th – Part three of a four-part series takes a look at the money end of things and the business side of the industry