Is Cannabis Recreationally Legal in Michigan?

As the law states, it is legal in Michigan to use and possess marijuana for those adults over the age of 21. The importance of this is that as the first state in the Midwest to legalize recreational marihuana, Michigan set the legal precedent for usage, possession, and dispensing - though it is important to understand that certain municipalities may not recognize its legality. While the federal government has kept delta-9-tetrahydrocannabinol on the list of scheduled drugs, the 2018 Farm Bill did legalize industrial hemp and CBD production with below 0.3% THC. The state of Michigan has chosen to decriminalize all cannabis instead, including cannabis with THC, and has instead placed state regulations on the product. Always remember that municipalities can make localized decisions about cannabis that best fit the community. Because of this, it is estimated that about three-fourths of the municipalities in the state have banned retailers that target adults for recreational use.

Is There a Tax on Recreational Cannabis in Michigan?

Michigan imposes a 10% excise tax on all recreational cannabis sales, which must be paid by the purchaser. Most dispensaries will include this tax as a separate line item on your sales receipt, though some simply build the extra 10% into the sales price of their products. In addition, you’ll pay the standard 6% state sales tax as you would on any other retail purchase.

How Does Michigan Divide the Excise Tax from Marihuana Sales?

Taxes from the sales of goods and services are used by the state government to help with important initiatives. The same state benefits apply to the taxes gained from the sale of recreational marihuana. The taxes provided a new stream of income for many essential public systems. For example, in 2021, there was an estimated $111 million collected from recreational adult-use marihuana, generated from the applied 10% tax. When added to the surplus that remained from the previous year, it made $172 million available for distribution. Beneficiaries of these funds were as follows: The 163 municipalities in the state each received $56,400 for each of the licensed dispensaries within their jurisdictions, for a total of $44 million. Michigan schools received $49.3 million through the School Aid Fund for K-12 education. Transportation saw a budget increase via a designation of just over $49 million. These distributions were possible because of the $1.1 billion in recreational sales that occurred in 2021.

What Do I Need to Know Before Visiting a Dispensary?

Visiting a dispensary for the first time can be a bit nerve-wracking and exhilarating at the same time. It can be an odd feeling to visit a store that openly sells a product that was once seen as illegal, but understanding what a dispensary is and what to expect can help to ease the awkwardness of a first-time visit. The first thing to know is that dispensaries in Michigan are sometimes referred to as "provisioning centers," and are the only place in which to purchase state-legal cannabis. When visiting, ensure that you have a valid, state-issued ID and your medical marijuana card if you are a holder. Often, dispensaries are cash-only, though some do offer digital forms of payment. Per Michigan rules and guidelines, each cannabis product is third-party tested to ensure the accuracy of active ingredients and the safety of the product. Often, cannabis certificates are available for you to further learn about the cannabis product you are consuming.

What Do You Need to Purchase from a Dispensary in Michigan?

Dispensaries are required to ID consumers before entry and purchase. That means the most important thing you should take with you to a dispensary is your state-issued ID that proves you are over the age of 21. Those who are between the ages of 18 and 21 need to present a state-issued ID card and a medical marihuana card issued by the state of Michigan. Another important note is that because of the federal laws in place, purchasing with your debit or credit card is not an option at most dispensaries. The majority of dispensaries require cash payment and, thankfully, have ATMs on-site for your convenience.

Can You Go Into a Dispensary Without a Card in Michigan?

Michiganders who wish to purchase from a dispensary are not required to carry a medical marihuana card, provided they are over the age of 21. Those of legal age are allowed to purchase up to 2.5 ounces of marijuana per transaction from dispensaries for recreational use without a medical card. Those who are between 18 and 21 must present a valid Michigan Medical Marihuana Card in order to purchase. This limit is set at 2.5 ounces per day.

Can You Smoke Marihuana in Public in Michigan?

Even though the recreational use of marihuana is now legal in Michigan, there are rules regarding where it can be consumed. Consumption must be done in private places, such as in a home, in a licensed consumption establishment, or at a licensed marihuana event. You may not smoke marihuana in a bar, restaurant, hotel, or any other privately-owned buildings occupied by the public. In addition to public consumption laws, there are statutes that grant landlords and business owners the right to deny tobacco and marihuana usage on their properties. These regulations, however, only apply to the inhalation of marihuana via smoking or vaping . Possession or consumption by other means, such as edibles or oral tinctures, are not preventable.

Can I Grow My Own Marijuana in Michigan?

This may seem like an odd question, but the new legislation has a simple answer: yes. Michiganders are allowed to grow a total of 12 marihuana plants in their home for personal use only. The state does regulate that the plants may not be visible, with exceptions made for binoculars, planes, and other optical aids. Plants must be secured in a way that prevents access by the public.

Can My Employer Drug Test Me?

Because businesses are allowed to establish their own policies and procedures, they are allowed to establish drug testing and zero-tolerance policies for recreational marihuana. If an employee tests positive, employers still reserve the right to terminate employment, refuse to hire, or issue appropriate discipline for cannabis use. In addition, the Michigan Medical Marihuana Act does not place any restrictions on employers, and they may test both current employees and applicants for cannabis. Although there was a provision added to the law that protected state residents from being provided rights due to a positive drug test, Michigan courts have determined that employment is not a right. As it stands, you can be tested for marihuana at work in Michigan, and you can be disciplined or terminated for a positive THC test.

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A Guide to Marihuana in Michigan

A Guide to Marihuana in Michigan

By Danyal Swan April 22, 2023

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The country's debate on the legalization of cannabis has been ongoing for years. Still, recent medical and recreational legalization statutes in states across the US have signified some important steps forward. The Midwest appears to be one region that is taking its time regarding this progress - there are six states where medical or recreational cannabis remains illegal medical or recreational cannabis.

Michigan has established its firm position on the debate by becoming the first Midwestern state to legalize medical cannabis by nearly five years and also the first in the region to legalize recreational cannabis use. Becoming a part of the ever-growing list of states choosing to allow recreational cannabis, voters passed Ballot Proposal 1 in 2018. This occasion marked ten years since the legalization of medical cannabis in Michigan.

To provide you with some clarity, we’re tackling some of the most frequently asked questions about marihuana in Michigan.

Cannabis Becomes Legal in Michigan

Cannabis laws in Michigan certainly didn't come about overnight. Medicinal use was legalized in 2008 when the Michigan Medical Marihuana Act was passed by the state legislature. This initiative legalized cannabis for qualified patients with approved medical conditions. The Act also prohibited the arrest, prosecution, and penalties for marihuana (Michigan’s legal term for cannabis) or paraphernalia possession by qualifying patients and prescribing doctors.

Ten years later, the Michigan Regulation and Taxation of Marihuana Act was passed. The law went into effect on December 6, 2018. It allowed the possession and use of marihuana by persons aged 21 or older and allowed businesses to cultivate and sell industrial hemp on a commercial basis.

Before we dive into the implications of the current Michigan marihuana laws, it’s important to recognize the significance of the state’s decision to use this particular spelling over the more common form (marijuana). While developing its statutory definition of the plant, Michigan lawmakers relied heavily on the Public Health Code utilized to develop the federal Marihuana Tax Act of 1937. As a result, all state laws, legal communications, and references to either contain the “marihuana” spelling. This includes the current laws in place and all the rules they outline for the use of marihuana in Michigan. Thus, while you may see marijuana or cannabis used in regular communications, it would take an act of the state legislature to change the way we officially refer to cannabis in legal situations!

Current Marihuana Laws in Michigan

Both the Michigan Medical Marihuana Act and the Michigan Regulation and Taxation of Marihuana Act are standing laws in the state of Michigan. These current laws have changed the dynamics of cannabis use by decriminalizing most uses, production, and sales. The latter legalized marihuana use for any individual 21 years or older and established a state-licensed system for cultivating and distributing the product.

More specifically, the law states the following:

Consumption and possession of marihuana are legal for anyone 21 or older.
In municipalities where marihuana sales are legal, a single individual may purchase up to 2.5 ounces per transaction.
Michigan does not set limits for marihuana purchases per day, though you cannot possess over 15 grams of concentrate at a time.
A person may keep up to 10 ounces of marihuana flower in the home, so long as it is in a secured location.

The law also outlines actions that are not permitted. This includes the following:

Marihuana may not be consumed in public.
A person may not drive under the influence of any substance, including marihuana.
Individuals may not cross state lines while in possession of marihuana.

While the law has legalized the use of marihuana in the state, there are still federal laws in place, and it is still classified as a Schedule 1 narcotic.

Michigan Cannabis FAQs

Now that the basics are out of the way, you may have further questions about the laws around marihuana in Michigan and the legal protections you have. Here are some additional details to help give you the knowledge you need to ensure your rights and safety when using marihuana in the state.

Start Your Michigan Marihuana Journey at Zen

Zen Leaf Buchanan, Michigan Ribbon Cutting Ceremony

The debate over legalized recreational marihuana continues throughout the country, but in Michigan, voters have spoken loud and clear that it should be accessible to adults over 21. This law also instilled important regulations to prevent excessive use and dangerous products. With statutes that prevent minor access, limit purchase amounts, and define private usage, the negative stigma of marihuana use is quickly declining in the state.

Purchasing marijuana in Michigan from a licensed and reliable dispensary like Zen Leaf can give you the peace of mind that comes with knowing your product is safe and trustworthy. We hope the information here has provided you with a useful insight into the cannabis industry in Michigan, but there's still plenty more to learn. For more answers tailored to your individual questions, visit a Zen Leaf dispensary near you for expert advice and product suggestions. We’re here for you!

References:

Cannabis Regulatory Agency. (n.d.). State of Michigan. https://www.michigan.gov/cra
Michigan Legislature - Section 333.27954. (n.d.). Michigan http://www.legislature.mi.gov/(S(cpxm5n1racezqr13qzojydj0))/mileg.aspx?page=GetObject&objectname=mcl-333-27954
Research Guides: LAW- Cannabis Law in Michigan: Home. (2022, May 31). Research Guides. https://guides.lib.wayne.edu/MichiganCannabisLaw
Why is marijuana sometimes spelled with an "h" and other times spelled with a "j"? (n.d.). State of Michigan. https://www.michigan.gov/cra/faq/licensing-list/additional-new/why-is-marijuana-sometimes-spelled-with-an-h-and-other-times-spelled-with-a-j

Danyal Swan

Author

Digital Content Manager for MÜV Florida and Zen Leaf Dispensaries. A cannabis connoisseur with a passion for explaining the miraculous possibility of the plant, Swan began her journey with cannabis as a recreational user and quickly realized its positive impact on her depression and severe anxiety. She joined the cannabis industry as Receptionist and MedTender and witnessed first-hand the immense potential of the plant for a wide variety of ailments, deepening her passion for alternative medicine. Swan is dedicated to self-education on the plant and sharing its potential with all. She holds a Journalism degree from the University of Iowa.