The U.S. state of Michigan has various policies restricting the production, sale, and use of different controlled substances. Some of the policies are unique to the state while others are similar to federal law. Laws pertaining to controlled substances can be found almost exclusively in various sections of public health code, specifically Act 368 of 1978. [1]
In Michigan, there are various ways in which alcohol use is restricted. Minors are prohibited from purchasing, consuming and possessing alcohol; a person is considered a minor if they are under 21, and can be prosecuted committing any of these crimes. First time minor offenders will receive under $100 in fines. They may also be subject to abuse treatment, rehab, community service, and/or periodic screenings. [2]
One must be at least 18 years old in order to sell or serve alcohol. The Michigan Liquor Control Code states that enforcement officers have the right to carry out an inspection of establishments that sell or serve alcohol at any time. [3]
Michigan also has laws against drinking and driving. The Michigan Vehicle Code states that any citizen “whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public” when they are intoxicated, which is defined as having a blood alcohol content of 0.08% or greater. [4]
Penalties for operating a vehicle while intoxicated with a blood alcohol level higher than 0.17% includes but is not limited to:
Although federal law prohibits the production, sale, and use of cannabis products, in 2008 the state of Michigan passed the Michigan Medical Marihuana Act, which allows qualified individuals access to cannabis for medicinal purposes. [6] Qualified patients as well as caregivers are required to register with the state and receive an identification card, following procedure as has been laid out by Michigan. [7] Under this act, registered users may possess no more than 2.5 ounces of usable marijuana and, if they have not designated a primary caregiver, may have no more than 12 marijuana plants growing in a locked area. Registered users and caregivers who are found to be distributing marijuana to those not permitted to use medicinal marijuana are guilty of a felony charge and are subject to any of the following:
Cannabis is legal in Michigan but it still is illegal under federal law and is categorized as a Schedule I controlled substance. [9]
Michigan's Public Health Code classifies Heroin as a Schedule 1 drug. [9]
Possession of heroin is a felony. Possessing any mixture containing heroin is punished according to how many grams the mixture contains. Punishments are as follows:
In 2009, former governor Jennifer Granholm issued a notice that specifically targeted drug use in the workplace, stating that drug use can "significantly impact the workplace and provide a serious threat to public health, safety, and welfare". The notice also made mention of educational programs and attempts made by the state of Michigan to offset the prevalence of drug use in general. [11] This notice was not actual legislation, but was symbolic in Michigan's renewed commitment to the Drug-Free Workplace Act of 1988. [12]
When it comes to driving under the influence of controlled substances and alcohol, several states have implemented per se laws, including Michigan as of September 30, 2003. In general, these laws seek to make driving with a certain amount of drugs in one's system an impaired driving offense. In Michigan, there is a zero-tolerance policy for driving while under the influence of controlled substances, such as marijuana or heroin, which are both Schedule 1 controlled substances. [13] The per se laws also extend to driving under the influence of alcohol; the punishments associated with this offense can be found under the "alcohol" section of this page.
Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for the offense in various jurisdictions.
The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use."
A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.
Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.
The U.S. state of Maryland has various policies regarding the production, sale, and use of different classes and kinds of drugs.
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.
Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act. In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council. Drug policy of Canada has traditionally favoured punishment for the smallest of offences, but this convention was partially broken in 1996 with the passing of the Controlled Drugs and Substances Act.
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.
Drug-impaired driving, or drug driving, in the context of its legal definition, is the act of driving a motor vehicle while under the influence of an impairing substance. DUID, or Driving Under the Influence of Drugs, is prohibited in many countries. Several American states and European countries now have "per se" DUID laws that presume a driver is impaired if they are found to have any detectable quantity of controlled substances in their body while operating an automobile and that the driver has no doctor's prescription for the substance. This is similar to the "per se" DUI/DWI laws that presume a driver is impaired when their blood alcohol content is above a certain level. There is some controversy with "per se" DUID laws in that a driver with any detectable quantity of controlled substances may not in fact be impaired and the detectable quantity in blood or sweat may be only the remnants of drug use in days or weeks past. It is against road traffic safety. Research on factors associated with engaging in DUID is receiving increasing attention to develop more effective countermeasures.
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.
Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.
Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.
Cannabis in Latvia is illegal for recreational and medical purposes, but production of industrial hemp is permitted.
Cannabis in Slovakia is illegal for all purposes and possession of even small amounts of the drug can lead to lengthy prison terms. Possession or use of small amounts of cannabis is punishable by up to eight years in prison. In April 2012, The Wall Street Journal reported that Robert Fico, the incoming Slovak prime minister, might push for partial legalisation of cannabis possession, and has argued for the legalisation of possession of up to three doses of cannabis for personal use.
Two main questions arise in the law surrounding driving after having ingested cannabis: (1) whether cannabis actually impairs driving ability, and (2) whether the common practice of testing for THC is a reliable means to measure impairment. On the first question, studies are mixed. Several recent, extensive studies–including one conducted by the National Highway Traffic Safety Administration and one conducted by the American Automobile Association (AAA)–show that drivers with detectable THC in their blood are no more likely to cause car crashes than drivers with no amount of THC in their blood. Others show that cannabis can impair certain abilities important to safe driving –but no studies have been able to show that this increases the actual risk of crashing, or that drivers with THC in their blood cause a disproportionate number of crashes. On the second question, the studies that have been conducted so far have consistently found that THC blood levels and degree of impairment are not closely related. No known relationship between blood levels of THC and increased relative crash risk, or THC blood levels and level of driving impairment, has been shown by single-crash or classic-control studies. Thus, even though it is possible that cannabis impairs driving ability to some extent, there are currently no reliable means to test or measure whether a driver was actually impaired.
Occupational health concerns over the use of cannabis among workers are becoming increasingly important as cannabis becomes legal in more areas of the US. Of note, employers have concerns of workers either coming to work acutely impaired or recent use of cannabis still being detected in the body. Employment issues such as ADA law as it relates to accommodations for cannabis, paying unemployment benefits or paying out workers compensation benefits and disability claims are all important issues. While federal law still prohibits use, employers in different states have taken different stances based on whether they are federal contractors, perform safety sensitive work or whether the cannabis use is acutely impairing the employee.
The drug policy of Missouri involves the policies, measures and laws set by the government of Missouri to control substances.
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