Legalized of Marijuana in Michigan

Legalized Marijuana in Michigan


In November, Michigan voters legalized marijuana use via passage of Proposal One. Recreational marijuana use will be legal starting December 6, 2018. There are some things to know about the legalization of marijuana:

Where can you get marijuana? The Michigan Department of Licensing and Regulatory Affairs (LARA) must first implement the rules and regulations that govern the purchase process. If a business wishes to sell marijuana, it must obtain a license from LARA. This process is expected to take approximately one year. In the meantime, residents over the age of 21 may grow up to 12 plants in their homes that is used for personal use. Growers can give-but not sell- marijuana to Michigan residents over the age of 21. In the future, dispensaries will open, but it is up to each city whether or not they will allow marijuana shops.

Where can you use marijuana? Only in your own home. Use in public, of where banned such as by landlords and most universities. You may be charged criminally under Michigan’s zero tolerance for drugged driving.

Criminal charges: While the legalization is not retroactive, several law enforcement agencies are reviewing the possibility of dismissing marijuana charges. Most marijuana prosecutions occur at the city level, so each individual city will need to make a determination whether or not to dismiss retroactive charges. “Now that Proposal 1 has passed, the Wayne County Prosecutor’s Office is committed to following the law regarding the prosecution of marijuana cases,” Worthy said in a statement. “Overwhelmingly, the smaller marijuana cases are prosecuted by city attorneys. However, we currently have ticketed ordinance violations from the Michigan State Police that are pending review. Incoming governor Gretchen Whitmer plans to use clemency power to free prisoner’s serving time for marijuana-related convictions.

There are other aspects of the legalization that still need to be determined, such as transport of marijuana. We will update the legalization process as the State determines the rules and regulations.


For more information about medicinal marijuana or marijuana legalization, please contact Benjamin Long of Schmidt and Long.