Best Cannabis Law Lawyers in Michigan

About Cannabis Law in Michigan, United States

Cannabis law in Michigan has evolved significantly over the past decade. In 2008, Michigan legalized medical marijuana for qualifying patients. In November 2018, the state went further by legalizing recreational marijuana for adults aged 21 and older through the Michigan Regulation and Taxation of Marihuana Act (MRTMA). These legal changes mean adults can possess and consume cannabis in certain amounts, but complex regulations govern its cultivation, distribution, sale, and use. The state also maintains a separate framework for medical marijuana under the Michigan Medical Marihuana Act (MMMA). Staying compliant with these laws is essential due to ongoing regulatory updates and strict enforcement of some provisions, particularly regarding distribution and commercial activity.

Why You May Need a Lawyer

While cannabis is legal for medical and recreational use in Michigan, numerous legal pitfalls remain. You may need a lawyer if:

• You face criminal charges related to possession, sale, or cultivation of cannabis.
• You want to start or operate a cannabis-related business and must navigate licensing and compliance requirements.
• Your employer is taking adverse action against you for lawful use of cannabis.
• You are involved in a dispute over business practices or contracts within the cannabis industry.
• You wish to expunge old marijuana-related convictions from your record following recent reforms.
• You have questions about driving after cannabis use or the impact on family law matters.

A lawyer specializing in cannabis law can help guide you through complicated regulations, represent you in court or before governmental agencies, and protect your rights.

Local Laws Overview

Michigan has both state and local cannabis laws to consider. Key aspects include:

• Personal Possession: Adults 21 and older may possess up to 2.5 ounces of usable marijuana in public and ten ounces at home.
• Cultivation: Adults can grow up to 12 marijuana plants per household for personal use, but plants must not be visible from public places.
• Public Use: Cannabis may not be consumed in public or on federal property. Local communities can restrict or ban public use and commercial establishments.
• Driving: Driving under the influence of cannabis remains illegal. Possession in vehicles is strictly regulated.
• Commercial Sales: Businesses must be licensed under state and local laws. Municipalities may opt out of allowing dispensaries or impose additional restrictions.
• Medical Marijuana: Qualifying patients and caregivers are allowed to possess certain amounts and must comply with MMMA regulations.
• Expungement: Recent law changes make it easier to expunge certain marijuana-related offenses from criminal records.

It is crucial to remain aware of municipal ordinances, as these may further restrict or influence your rights and responsibilities under state law.

Frequently Asked Questions

Is recreational cannabis legal in Michigan?

Yes, adults 21 and older can legally possess, use, and grow marijuana for personal use under state law, with certain limitations on the amount and location.

How much cannabis can I legally possess in Michigan?

Adults can possess up to 2.5 ounces of cannabis on their person and ten ounces in their home. Up to 12 plants can be grown per household.

Can my employer fire me for using cannabis?

Yes, employers may have policies that prohibit cannabis use, even if it is legal under state law. Workplace testing and discipline remain legal in most circumstances.

Are there limits on where I can use marijuana?

Yes, using marijuana in public, on school grounds, on federal property, or while driving is illegal.

How do I get a medical marijuana card in Michigan?

You must have a qualifying medical condition and obtain certification from a state-approved physician. Then, submit your application to the Michigan Medical Marihuana Program (MMMP).

Can I sell cannabis products without a license?

No. Selling cannabis without a proper state-issued license can lead to criminal charges. This includes giving away cannabis as part of a sale of other goods or services.

What are the requirements to open a dispensary?

You must apply for and obtain state and local licenses, meet zoning and building requirements, and comply with all regulatory processes regarding security, tracking, and taxation.

What are the penalties for violating cannabis laws?

Penalties range from civil fines for possession of excessive amounts to felony charges for unlicensed distribution, sales to minors, or growing more than allowed by law.

Can past marijuana convictions be expunged?

Yes, Michigan has enacted laws that make it easier to expunge certain marijuana-related offenses. The process requires filing a petition with the court and meeting eligibility conditions.

Is cannabis legal at the federal level?

No, cannabis remains illegal under federal law. Federal law enforcement may still prosecute certain cases, particularly those involving large-scale distribution or transportation across state lines.

Additional Resources

For more information or specific concerns, the following resources can be very helpful:

• Michigan Department of Licensing and Regulatory Affairs (LARA): Oversees licensing and regulatory compliance for marijuana businesses and medical use.
• Michigan Medical Marihuana Program (MMMP): For patient registration and caregiver-related inquiries.
• Michigan Judiciary: Provides guidance on expungement and current case law.
• Local Bar Associations: Offer referrals to knowledgeable cannabis law attorneys in your area.
• Michigan Cannabis Industry Association: Industry advocacy and informational support for businesses and entrepreneurs.
• Legal Aid Services: Help those who qualify with advice and representation.

Next Steps

If you need legal assistance with a cannabis-related issue in Michigan, consider these steps:

• Assess your situation to determine if you need legal help, especially if you face charges, business issues, or employment consequences.
• Gather all relevant documents, such as citations, business records, medical cards, or expungement paperwork.
• Consult with an attorney who specializes in Michigan cannabis law. Ask about their experience with similar cases and current regulatory issues.
• If cost is a concern, seek free or reduced-fee consultations through local bar associations or legal aid organizations.
• Stay updated on changes in state and local laws to remain compliant moving forward.

Cannabis law in Michigan is dynamic and can be complicated. Legal guidance is often crucial to protect your rights, limit risk, and ensure you are following the most current laws and regulations.