Posted on

laws on growing cannabis in michigan

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

An adult may transfer up to 15 grams of marijuana concentrate to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public.

An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be marijuana concentrate.

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.

Legalization

Possession of more than 5.0 ounces of marijuana is a misdemeanor. No term of imprisonment will be imposed unless the possession involved violence or was “habitual, willful and for a commercial purpose.”

The sale of 45 kilograms or more is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

The cultivation of up to 24 plants for personal use is a civil infraction with no incarceration and maximum $500 fine.

Conditional Release

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

In Ann Arbor, the penalty for being caught with marijuana is a $25 fine for the first offense, $50 for the second, and $100 for the third offense. Marijuana is not decriminalized on the University of Michigan’s campus.

However, you should understand that you can’t simply grow the plants wherever you want. The plants must be kept in an enclosed, secured area that prevents access by the public. In addition, the plants cannot be visible to the public “without the use of binoculars, aircraft, or other optical aids.” As a result, you likely need to cultivate your marijuana plants indoors or in a shed or similar structure, but at a minimum, you need to make sure that the plants are not visible from outside your property. In addition, you will need to be careful that the area is closed and locked so that only you and those who have your permission can access the plants.

Cultivation and Possession with Intent to Sell Marijuana Decriminalized

Although cultivation of marijuana has mostly been decriminalized, you can still potentially face criminal charges.

What About Possession with Intent to Distribute?

Although cultivation is now legal, you should be aware that there are penalties if you violate the new laws.