Cannabis in Michigan

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Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use (the Michigan Regulation and Taxation of Marihuana Act) passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

Contents

Medical use was legalized in 2008 through the Michigan Compassionate Care Initiative. It passed with 63% of the vote.

Prohibition

Before cannabis was legalized in the state, possession of any amounts was a misdemeanor offense punishable by up to one year's incarceration and a $2,000 fine, while actual use was punishable by up to 90 days in jail and a $100 fine. If possession was in a public park, the sentence was at most two years and a $2,000 fine. Distributing cannabis without remuneration was a misdemeanor punishable by at most one year in jail and a $1,000 fine. [1] The sale and cultivation of cannabis was a felony punishable by up to 15 years imprisonment and $10,000,000 in fines depending on the number of plants grown and the amount of usable cannabis sold. [1]

After legalization, police in Michigan still have probable cause to search an occupied car if they smell of marijuana. [2] This is because certain prohibitions remain, for example it is still illegal to consume marijuana as the driver of a car, or smoke it as a passenger. [3]

Municipal reforms

Prior to statewide legalization, many cities in Michigan decriminalized cannabis or made enforcement of cannabis laws the lowest priority. Among the cities to enact such reforms were: Ann Arbor (1972), Kalamazoo (2012), Detroit (2012), Flint (2012), Grand Rapids (2012), Ypsilanti (2012), Ferndale (2013), Jackson (2013), Lansing (2013), Hazel Park (2014), Oak Park (2014), Berkley (2014), Huntington Woods (2014), Mount Pleasant (2014), Pleasant Ridge (2014), Port Huron (2014), Saginaw (2014), East Lansing (2015), Keego Harbor (2015), and Portage (2015). [4]

Ann Arbor

Since the 1970s, the college town of Ann Arbor has enacted some of the most lenient laws on cannabis possession in the nation. These include a 1972 city council ordinance, a 1974 voter referendum making possession of small amounts a civil infraction subject to a small fine, and a 2004 referendum on the medical use of cannabis. Since state law took precedence over municipal law, the far-stricter state cannabis laws were still enforced on University of Michigan property.

Medical legalization (2008)

Medical use of cannabis was legalized with the passage of Proposal 1, the Michigan Compassionate Care Initiative, on November 4, 2008. [5] The measure legalized the possession of up to 2+1⁄2 ounces (71 g) of cannabis for patients with certain medical conditions and the approval of a physician. [6] Although it did not explicitly allow dispensaries to operate, [7] it did allow patients or their caregivers to cultivate up to 12 cannabis plants. [6] The measure faced opposition from law enforcement officials and drug czar John P. Walters, [8] but it was ultimately approved by a 63–37 margin, making Michigan the 13th state to legalize medical use and the first Midwestern state to do so. [9]

In February 2013, the Supreme Court of Michigan ruled that the 2008 initiative did not allow for the operation of medical cannabis dispensaries in the state. An estimated 75 to 100 dispensaries were operating under this legal gray area at the time. [10]

In September 2016, Gov. Rick Snyder signed a package of bills that among other reforms: (a) allowed the operation and regulation of medical cannabis dispensaries; (b) set a taxation rate of 3% on medical cannabis; and (c) allowed the use of non-smokable forms such as topicals and edibles. [11] [12] [13]

Recreational legalization (2018)

In November 2017, legalization proponents submitted 365,000 signatures to put a cannabis legalization measure on the 2018 ballot. [14] In April 2018, it was certified that supporters had turned in the requisite number of valid signatures. [15] In June 2018, state lawmakers declined the option to pass the measure themselves, sending it to the November ballot. [16] On November 6, 2018, Michigan voters approved Proposal 1 by a 56–44 margin, making Michigan the 10th state (and first in the Midwest) to legalize cannabis for recreational use. [17]

The Michigan Regulation and Taxation of Marihuana Act allows persons age 21 and over to possess up to 2+1⁄2 ounces (71 g) of cannabis in public, up to 10 ounces (280 g) at home, and cultivate up to 12 plants at home. [18] It also sets up a system for the state-licensed cultivation and distribution of cannabis, with sales subject to a 10% excise tax (in addition to the state's 6% sales tax). [17] The law went into effect on December 6, 2018, [19] and the first dispensaries opened to the public on December 1, 2019. [20]

During fiscal year 2021, the state of Michigan collected $175 million from a 10% excise tax on recreational cannabis sales. That money was given back to counties, towns, cities, and townships, each municipality receiving over $56,000 for every recreational retail location in its boundaries. [21]

2023 cannabis law reform

In October 2023, cannabis law reform bills signed into law by the Governor of Michigan explicitly allow tribal businesses easier access to cannabis commerce and trade - as well as other related purposes in and around on tribal lands. [22] [23]

Public opinion

Public opinion on the legalization of recreational cannabis in Michigan
Poll sourceDate(s)
administered		Sample
size		Margin of
error		 % support % opposition % Undecided/Don't Know
Marketing Resource Group [24] 2016600 LV± 4.0%53%42%5%
Marketing Resource Group [25] September 9–14, 2015600 LV± 4.0%46%46%8%
Marketing Resource Group [26] April 13–17, 2015600 LV± 4.0%51%46%3%
EPIC-MRA [27] December 10–14, 2014600 LV± 4.0%50%46%4%
Marketing Resource Group [28] October 6–10, 2013600 LV± 4.0%41%55%4%

Note: For polls after 2016, see Michigan Regulation and Taxation of Marihuana Act.

Related Research Articles

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Cannabis in Oregon</span> Use of cannabis in Oregon

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Cannabis in California</span> Legality, use and culture of medical and recreational cannabis in California

Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.

<span class="mw-page-title-main">Cannabis in Colorado</span> Overview of the use and culture of cannabis in Colorado, U.S.

In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span> Cannabis laws by state and territory

In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. Despite this, most states have legalized either or both the medical and recreational use of cannabis.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Massachusetts</span> Overview of the use and culture of cannabis in Massachusetts, U.S.

Cannabis in Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.

<span class="mw-page-title-main">Cannabis in Wisconsin</span> Overview of the use and culture of cannabis in Wisconsin, U.S.

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in Arkansas</span> Legal status

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

<span class="mw-page-title-main">Cannabis in North Dakota</span> Legality, use and culture of cannabis in the U.S. state of North Dakota

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

<span class="mw-page-title-main">Cannabis in Alaska</span> Legality, use and culture of cannabis in the U.S. state of Alaska

Cannabis in Alaska is legal for recreational use since 2015. It was first legalized by the court ruling Ravin v. State in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote. Medical use was legalized by way of Measure 8 in 1998.

<span class="mw-page-title-main">Cannabis in Nevada</span> Legality of marijuana in Nevada

Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Hawaii</span> Legality, use and culture of cannabis in the U.S. state of Hawaii

Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.

<span class="mw-page-title-main">Cannabis in New Mexico</span> Overview of the use and culture of cannabis in New Mexico, U.S.

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

<span class="mw-page-title-main">Cannabis in Maryland</span> Legality, use and culture of medical and recreational cannabis in Maryland

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">Cannabis in Florida</span> Overview of the use and culture of cannabis in Florida, U.S.

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

<span class="mw-page-title-main">Cannabis in Ohio</span> Legality, use and culture of cannabis in the U.S. state of Ohio

Cannabis in Ohio is legal for medical use and illegal for recreational use. Since 1975, possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature.

<span class="mw-page-title-main">2018 Michigan Proposal 1</span>

The Michigan Regulation and Taxation of Marihuana Act, also known as Proposal 1, was an initiative that appeared on the November 2018 ballot to legalize cannabis in the U.S. state of Michigan. The initiative allows adults 21 and older to possess up to 2.5 ounces (71 g) of cannabis and to grow up to 12 plants at home. The initiative was approved with 56% of the vote.

References

  1. 1 2 "Michigan Laws & Penalties". NORML. Archived from the original on September 10, 2018. Retrieved November 9, 2015.
  2. ↑ "People v. Moorman, 331 Mich. App. 481". casetext.com. Retrieved July 18, 2022.
  3. ↑ "Michigan Legislature - Section 333.27954". www.legislature.mi.gov. Retrieved July 18, 2022.
  4. ↑ "Michigan Local Decriminalization". NORML. Retrieved April 17, 2019.
  5. ↑ "Michigan Medical Marijuana Initiative, Proposal 1 (2008)". Ballotpedia. Retrieved April 17, 2019.
  6. 1 2 Satyanarayana, Megha (October 25, 2008). "Is Marijuana Good Medicine?". Detroit Free Press. Retrieved April 17, 2019.
  7. ↑ "Michigan voters approve medical marijuana measure". mlive.com. Associated Press. November 5, 2008. Retrieved April 17, 2019.
  8. ↑ Smith, Phillip (October 17, 2008). "Michigan Medical Marijuana Initiative Faces Organized Opposition". stopthedrugwar.org. Retrieved April 17, 2019.
  9. ↑ State-By-State Medical Marijuana Laws (PDF), Marijuana Policy Project, December 2016
  10. ↑ "Michigan: Court Rules That Cannabis Dispensaries Are Not Permitted Under State's Medical Marijuana Act". NORML. February 14, 2013. Retrieved October 7, 2019.
  11. ↑ Egan, Paul; Laitner, Bill (September 14, 2016). "Bills to regulate medical marijuana headed to Snyder". Detroit Free Press. Retrieved October 7, 2019.
  12. ↑ "Michigan: Legislation to Regulate Medical Marijuana Program Heads to Governor Snyder". NORML. September 16, 2016. Archived from the original on October 7, 2019. Retrieved October 7, 2019.
  13. ↑ "Michigan's Revised Medical Marijuana Law". Marijuana Policy Project. Retrieved October 7, 2019.
  14. ↑ Kathleen Gray (November 29, 2017), "Group ready to fight plan for legalized pot in Michigan", Detroit Free Press
  15. ↑ Gray, Kathleen (April 26, 2018). "Michigan approves marijuana legalization vote for November". Detroit Free Press. Retrieved April 17, 2019.
  16. ↑ Gray, Kathleen (June 5, 2018). "Voters will decide marijuana legalization after Legislature fails to act". Detroit Free Press. Retrieved April 17, 2019.
  17. 1 2 Angell, Tom (November 6, 2018). "Michigan Voters Approve Marijuana Legalization". Forbes. Retrieved April 17, 2019.
  18. ↑ Gray, Kathleen (November 7, 2018). "Legal marijuana in Michigan: What you need to know". Detroit Free Press. Retrieved April 17, 2019.
  19. ↑ Gray, Kathleen (December 6, 2018). "Recreational marijuana is officially legal in Michigan today". Detroit Free Press. Retrieved April 17, 2019.
  20. ↑ Breana, Noble (December 1, 2019). "High time: Michigan begins recreational marijuana sales 13 months after vote". The Detroit News. Retrieved December 1, 2019.
  21. ↑ "See how much Michigan communities will receive from $172 million in 2021 recreational marijuana tax". mlive. March 28, 2022. Retrieved March 30, 2022.
  22. ↑
  23. ↑
  24. ↑ Marketing Resource Group Archived February 7, 2018, at the Wayback Machine , May 2017
  25. ↑ Marketing Resource Group, September 2015
  26. ↑ Marketing Resource Group, April 2015
  27. ↑ EPIC-MRA Archived July 10, 2016, at the Wayback Machine , January 2015
  28. ↑ Marketing Resource Group, October 2013
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