New Developments in Michigan Marijuana Laws

November 29, 2018

Brian E. Gordon, Criminal Defense, Daniel B. Hess, Jr., New Developments in Law

Now that recreational marijuana has been passed in Michigan, what does that mean for us Michiganders?

Similar to the consumption of alcohol, the age requirement for purchasing, consuming and growing marijuana will be 21-years-old.

Although the age requirement is similar to the consumption of alcohol there are more restrictions that come along with recreational marijuana. Such as how much you’re legally permitted to have, where you can or cannot spark up and the number of plants allowed.

At home you’re permitted to have up to 10 ounces, however you’re only allowed to possess 2.5 ounces in public and it must be kept in a locked container. If you have a green thumb and cultivating plants in your home is your plan, the limit is capped at 12 plants. The plants must be grown inside and not be visible from the outside.

Consuming marijuana in your home is safe, but you will not be able to smoke out in the open or anywhere in public for that matter. Obviously, driving under the influence remains illegal and employers still have the right to enforce their work place policies.

Although the proposal was passed, that doesn’t mean it goes into effect immediately. According to Section 9 of the Michigan Constitution “10 days after the date of official declaration of the vote.” Which occurs once the Board of State Canvassers certify the election which they are required to do on or before the 20th day after the election.

Therefore the proposal could take effect by Dec. 6, 2018 at the latest, but the Michigan Legislature will still have to establish a set of laws on driving, growing, etc. before marijuana becomes accessible commercially.

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