Michigan voters have said yes to legal marijuana. What does this mean for you?
What You Can Do
- A person over 21 can possess up to 2.5 ounces of marijuana. Not more than 15 grams of the marijuana can be in concentrate form.
- A person can use and consume marijuana.
- At home, a person can have up to 10 ounces of marijuana and 12 marijuana plants for personal use.
- A person over 21 may assist another person in the above activities.
- A person may give up to 2.5 ounces of marijuana to another person without payment (15 grams of concentrate.
What You Cannot Do
- You cannot operate a car while under the influence of marijuana. This includes the operation of a boat, plane, ORV, or snowmobile.
- No consumption of marijuana while operating a car or other type of vehicle.
- A person under 21 cannot possess, consume, or cultivate marijuana.
- You cannot transfer marijuana to a person under 21.
- No marijuana consumption in public – unless there is a designated smoking area for people over 21.
- No butane extraction of plant resin.
- No cultivation of plants in a place where the plants may be easily seen from the public.
- No possession of marijuana on the grounds of a school.
- You may not possess more than 2.5 ounces within a residence that is outside of a locked container. So if you have more than 2.5 ounces, it must be secured in a container or area with locks or security device.
- A city or township may limit the number of marijuana establishments within their municipality or may prohibit them altogether.
- People may petition a city or township to adopt an ordinance to provide for the number of marijuana establishments or prohibit them within the municipality.
Michigan Department of Licensing and Regulatory Affairs
- This Department’s job is to implement the new rules, which includes providing licenses for
- Class A marijuana grower – 100 plants
- Class B marijuana grower – 500 plants
- Class C marijuana grower – 2,000 plants
- Marijuana retailer
- Marijuana safety compliance facility
- Marijuana secure transporter
- Marijuana processor
- Marijuana microbusiness
- A landlord may prohibit consumption and cultivation of marijuana in a lease agreement.
- A lease may not prohibit lawful possession of marijuana and consumption of marijuana by means other than smoking.
- The new marijuana law does not require an employer to accommodate marijuana use.
- There is nothing in the new law that prohibits employers from prohibiting marijuana use or terminating employment or discipline for being under the influence of marijuana.
Sam Bernstein is a Criminal Defense Attorney in Ann Arbor, Michigan.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.