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Learn About Marijuana In Michigan

Frequently Asked Questions About Marijuana in Michigan

Nestled between two of the largest freshwater lakes in the world, Michigan is home to nearly 10 million residents. The state has a rich cultural history, absorbing the prominent Native American, French, and English influences leading up to the American Revolution. Today, the state is best known for the Motor City, Detroit, and is a symbol for American industry.

Is Marijuana Legal in Michigan?

Michigan has legalized the medical use of cannabis.

When Did Marijuana Become Legal in Michigan?

In 2008, Michigan put it to a vote, passing a referendum titled “The Michigan Medical Marijuana Act,” formally allowing patients with specific medical conditions to be certified by a health professional to use marijuana.

Where Are Dispensaries Located in Michigan?

Marijuana dispensaries may operate in any municipality in Michigan that does not specifically prohibit them. Additionally, the number of dispensaries, cultivation facilities, testing centers, and product manufacturers may be limited by local governments.

As of August 2018, only seven licenses have been issued across the industry. This includes dispensaries, growers, producers, and transportation services. Though these companies are licensed, until a testing lab is licensed, no legally-produced cannabis can be sold.

Are the Dispensaries in Michigan Medical, Recreational, or Both?

Michigan has passed legislation allowing the medical use of cannabis. Despite petition efforts in 2016, adult legalization has not yet been embraced in Michigan.

Who Qualifies to Become a Medical Marijuana Patient in Michigan?

Michigan medical patients are not restricted by age. The state allows the recommending physician to authorize medical marijuana use to those with certain diseases and conditions that strongly impact the quality of life of an individual. Michigan has deemed the following debilitating conditions suitable for medical cannabis:

  • Alzheimer's disease
  • Amyotrophic Lateral Sclerosis
  • Cachexia or wasting syndrome
  • Cancer
  • Chronic pain
  • Arthritis
  • Autism
  • Colitis
  • Inflammatory Bowel Disease
  • Obsessive Compulsive Disorder
  • Parkinson’s
  • Rheumatoid Arthritis
  • Spinal Cord Injury
  • Tourette’s Syndrome
  • Ulcerative Colitis
  • Crohn's disease
  • Glaucoma
  • HIV or AIDS
  • Hepatitis C
  • Nail patella
  • Nausea
  • Post-traumatic stress disorder (PTSD)
  • Seizures
  • Severe and persistent muscle spasms

The accepted illnesses and conditions may be amended to include additional diagnoses as necessary.

How Do I Become A Medical Marijuana Patient in Michigan?

First,individuals must receive an evaluation from a qualified health professional. He or she must certify that medical marijuana may help where traditional options have failed. Patients under the age of 18 must receive two physician certifications, and their parent or legal guardian must register as the patient caregiver.

After receiving certification from a state-recognized physician, individuals must complete the application on the Department of Licensing and Regulatory Affairs (LARA) website.

The application for both first time and renewal patients costs $60. Additionally, a registered patient may select a caregiver to provide medical marijuana and related products to the patient on their behalf. Caregiver registrations come with an annual fee of $25 to be used for a background check.

Where Can Marijuana Be Consumed in Michigan?

Consumers cannot smoke marijuana in any place considered public. Marijuana possession and/or consumption in any form (flower, edible, concentrate, etc.) is prohibited on school buses, on the property of any preschool or primary or secondary school, at any detention center or correctional facility, or in any manner constituting negligence.

At this time, it is not clear whether licensed facilities are able to allow consumption.

How Do I Get a Job in the Michigan Marijuana Industry?

A trio of bills passed the state legislature in December 2016, radically changing the largely-unregulated system. Now, five distinct licensing categories exist for medical marijuana business operations: growers, processors, retail sellers or dispensing facilities, secure transporters, and safety compliance centers (a.k.a. testing lab).

A background check is required for all marijuana-sector employees. Additionally, employees may not be registered as a caregiver for medical marijuana patients while employed under any of the above licensing categories.

Is Drug Testing for Marijuana Legal in Michigan?

The Michigan medical marijuana program does not require employers to permit the use of medical marijuana of employees while at work. In terms of drug testing, the state allows employers to use it as a determining factor.

Is Delivery of Marijuana Legal in Michigan?

Only registered caregivers can deliver medical marijuana to patients. Michigan does not currently allow the retailer to deliver directly to the patient.  

How Do I Pay for Marijuana in Michigan?

Michigan dispensaries utilize cash sales for most customer transactions. Card services and banking have been left in limbo by the continued federal illegality of marijuana. As a result, banks are cautious, wanting to avoid the possibility of being part of criminal money laundering as medical marijuana is a federally-illegal industry

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Michigan Marijuana Laws

Michigan passed the Medical Marijuana Program in 2008 with 63 percent of the vote. Over three million people voted to allow cannabis use for limited medical reasons. The measure, however, included few guidelines on how the industry would transfer medicine to patients, omitting key parts on the licensing of retail establishments.

Legislative clarifications slowly trickled into the program, with the most substantial coming in 2016. At that point, the state introduced a trilogy of legislation enacting a regulatory and licensing infrastructure.

Purchase and Possession Limits

Patients with active registrations are eligible to possess or purchase no more than 2.5 ounces of marijuana flower or its equivalent in marijuana products at any time. The state has identified the following medicated-product equivalencies per ounce:

  • 16 ounces of marijuana-infused product in solid form
  • Seven grams of marijuana-infused product if in a gaseous form  
  • 36 fluid ounces of marijuana-infused product if in a liquid form (such as a tincture or oil)

This means a registered patient or caregiver may purchase up to 40 ounces of infused product in solid form, up to 17.5 grams of marijuana products in gaseous f0rm, or as much as 90 ounces of marijuana in liquid form.

Patients with a valid medical marijuana registration from another state are eligible to enjoy Michigan marijuana laws in full, including possession, use, and purchase.

Any patient or caregiver caught possessing more than these amounts is not protected from criminal or civil penalties.

While many cities in Michigan have decriminalized the possession of marijuana, the state may enforce a misdemeanor charge for both possession and use. Fines for marijuana possession in Michigan are as high as $2,000 and may include over a year in jail.

Growing Marijuana at Home

Michigan allows patients to cultivate up to twelve plants.

A registered caregiver may be responsible for as many as five patients at any one time, placing the maximum amount of plants to be cultivated on any one residential facility at sixty.

Driving and Marijuana

Driving while Intoxicated

The Michigan medical marijuana program does not authorize patients to drive a motor vehicle while under the influence of marijuana. In 2010, the Michigan Supreme Court set a precedent regarding blood, saliva, or urine testing. Basically, the court ruled that such tests are not enough cause to declare someone intoxicated. Instead, the law enforcement officer must prove physical impairment.

Driving While in Possession of Marijuana

Registered patients and caregivers may transport marijuana or marijuana products under five circumstances:

  1. They are in possession of their Michigan medical marijuana program registration car
  2. They are not intoxicated by marijuana at the time of driving
  3. They do not leave the state
  4. All products are labeled with the patient name, product volume, manufacturer name, date produced, who the product was received from, and a receipt
  5. Products are in the trunk, or, in lieu of a trunk, are reasonably out of reach

Any valid patient or caregiver who violates these provisions are subject to a civil fine of no more than $250.

Marijuana and Minors

Children under the age of 18 are able to register as patients within the state medical program as long as they receive certification from two physicians rather than one. Additionally, the patient’s parent or legal guardian must register as their caregiver and purchase or produce all products for the patient.

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