In 2018, Michigan legalised recreational cannabis. It also permitted individuals to grow up to 12 plants, the most generous allowance in the US. Read on. Untilu00a0Michigan’s recreational marijuana market gets up and running, there are limited options on how to get seeds or plants for growing pot at home Looking to buy cannabis seeds in Michigan? Click here to learn about Michigan cannabis law. Buy Michigan marijuana seeds now!….
Cannabis in Michigan – Laws, Use, and History
In 2018, Michigan became the 10th state to legalise recreational cannabis use in the US. Medicinal cannabis was legalised back in 2008. Michigan also permits the cultivation of up to 12 cannabis plants in private residences, which is the highest amount in any ‘legal’ state. However, if grown outside, plants must be locked up and out of sight.
- Recreational cannabis
- Medicinal cannabis
- Legal since 2008
Cannabis laws in Michigan
The US is governed by federal and state laws. This article covers the cannabis laws in the state of Michigan. For US federal laws, please visit our other article.
Can you possess and use cannabis in Michigan?
The Michigan Regulation and Taxation of Marihuana Act (MRTMA) not only establishes the terms of the law, but also delegates responsibility for the licencing, enforcement and regulation of the law. The Michigan Department of Regulatory Affairs (LARA) is responsible for overseeing all adult recreational cannabis use in the state.
The law states that anyone aged 21 or over can use and possess cannabis. When in public, individuals are permitted to possess as much as 2.5 ounces of cannabis flower, or 15 grams of concentrated cannabis. However, possession and use are forbidden on school properties (including school buses) and those of correctional institutions.
Use of cannabis is also forbidden in public spaces, although at the time of writing, there is still some confusion over what constitutes a ‘public space’. For example, the law doesn’t establish whether using cannabis on a front porch (in full view of the road), would count as flouting the rules or not.
In the privacy of their own homes, individuals may possess up to 10 ounces of cannabis flowers, but anything over 2.5 ounces must be securely locked away (e.g. in a safe, locked drawer or briefcase). If caught flouting these rules, the police regard it as a civil infraction, which is punishable with a $100 fine.
Driving while using cannabis
Michigan’s cannabis laws state that it’s illegal to drive a vehicle while under the influence of cannabis. Using cannabis in a vehicle is regarded as a civil infraction. If the authorities can prove that the use of the drug impaired the individual’s ability to safely operate the vehicle, then the driver could receive a DUI (driving under the influence).
To make matters more complex, there’s no roadside test for cannabis use. Saliva tests are problematic, as they only indicate if someone has used cannabis, not how much they’ve consumed or how recently they did so. Also, tolerance levels can vary substantially from person to person. This is why Michigan’s authorities have chosen not to set a legal limit for THC levels.
Working while using cannabis
Like many other US states that have legalised recreational use of cannabis, Michigan’s law still gives employers the right to carry out drugs tests on their staff. They are also legally able to fire employees based on the results of the test.
Legalising cannabis – a success story?
In financial terms, Michigan’s decision to legalise recreational cannabis has paid off. The market has grown rapidly since 2018, and Andrew Brisbo, executive director of the Michigan Marijuana Regulatory Agency, estimated that sales of cannabis could reach as high as $1billion by the end of 2020.
The Marijuana Regulatory Agency reported that throughout 2020, the combined sales of medicinal and recreational cannabis reached $984.7 million.
This speedy growth was especially notable during the COVID-19 lockdown. Brisbo commented: “Overall, the industry has been going like gangbusters during the pandemic. There’s been a tremendous interest in cannabis in Michigan. I think a lot of people are using it for self-medication, easing of the mind, and stress reduction.”
Since June 2020, Michigan’s Marijuana Regulatory Agency have reported that cannabis sales have increased 65% to $149 million over the year period.
Can you sell cannabis in Michigan?
It’s not possible to sell cannabis in Michigan. However, this isn’t due to the fact that it’s illegal but actually because the recreational cannabis law was only introduced in 2018, and at the time of writing, the state’s authorities had yet to create a structure for issuing retail licences.
Some industry experts believe that cannabis users could be waiting as long as 2020 for the first retail stores to open.
However, the law does enable individuals to access cannabis in other ways. For example, it’s permitted to ‘gift’ up to 2.5 ounces (or 15 grams of concentrated cannabis) to another adult, as long as no money is exchanged. It’s also legal to grow supplies at home.
Some businesses are seeking to get around the licencing issue by offering their customer certain products that come with a ‘free’ bag of cannabis. In real terms, the customer is actually paying for the cannabis, not the product. However, this is a legally dubious approach, as ‘gifting’ technically involves no monetary compensation whatsoever.
Dispensaries or ‘provisioning centres’ are in operation in places like Detroit. Although the number of dispensaries has dropped in the city, there are still around 60 dispensaries for residents to obtain cannabis from. The desirability and value of the product has caused security issues though, with some businesses in Detroit experiencing problems with break-ins.
Some parts of Michigan will not have any cannabis retailers at all. State law permits individual communities (e.g. cities) to opt out, for example, if they feel it sends a negative message to young people. At the time of writing, around 40 communities have chosen to adopt this approach.
Can you grow cannabis in Michigan?
It’s legal to grow cannabis in Michigan, but only in a private residence and under certain restrictions such as the following:
- Only 12 plants may be grown per household.
- The plants should be grown indoors, or if outdoors, they must be in a locked enclosure. must not be easily visible from public areas (e.g. a neighbouring park).
- If renting a property, the tenant must seek approval from the landlord before growing the cannabis.
Michigan’s limit of 12 plants is the highest in the US. The only other state that permits growers to cultivate 12 plants is Alaska. Most of the other states that have legalised recreational cannabis use only allow up to six plants to be grown.
Is CBD legal in Michigan?
According to legislation passed in 2018, CBD and other products derived from hemp do not fall under the definition of cannabis – therefore, they are legal to use, sell and purchase without a medicinal marijuana card.
The Michigan Department of Licencing and Regulatory Affairs states that, if it contains 0.3% of THC or under, it’s legal to use it. However, the Food and Drug Administration (FDA), stresses that it hasn’t approved any CBD products, and therefore cannot guarantee their safety or effectiveness.
Can cannabis seeds be sent to Michigan?
Cannabis seeds are legal to buy, use and sell in Michigan. However, because laws differ from state to state, they can’t be taken across the border. This makes mailing seeds into Michigan a ‘grey’ area, with anecdotal reports claiming that seeds can get held at customs.
Medicinal cannabis in Michigan
Medicinal cannabis was made legal in Michigan in 2008. The law permits the use of cannabis when treating the following conditions:
There are several other conditions that can be legally treated with cannabis, including obsessive compulsive-disorder (OCD), nausea, chronic pain, and post-traumatic stress disorder (PTSD).
Like recreational users, patients are permitted to use up to 2.5 ounces of cannabis at home, and may grow as many as 12 plants.
To receive medicinal cannabis treatment, patients must apply for a licence, which needs to be approved by their healthcare provider.
Industrial hemp in Michigan
In 2018, the Farm Bill was passed, permitting the cultivation of industrial hemp across the US. Michigan’s state licencing law came into effect in January 2019. However, federal law forbids the issuing of registrations or licences until a state plan has been submitted and approved by the USDA.
The state plan must demonstrate that Michigan has the right policies and procedures in place to:
- Keep track of where the hemp is produced
- Ensure the levels of THC in the hemp are below 0.3% (the legal limit)
- Ensure that hemp with THC levels above 0.3% is disposed of properly
- Handle violations of the Farm Bill or the state plan
Good to know
If you are travelling to Michigan (or currently live there), you may be interested to know the following:
- Cannabis was widely used in Michigan, even before recreational use was legalised. In 2014 and 2015, for example, around 10% of the population claimed to have used it in the previous month.
- In 2017, 2.98% of the state’s population were registered medicinal cannabis users. This was the third-highest number in the country (beaten only by California and Maine).
- Michigan’s recreational cannabis market is projected to exceed $1 billion in annual sales by early 2020.
Cannabis Use in Lebanon – Laws, Use, and History
Cannabis has been a part of Michigan’s history for centuries. It was used by communities to create fibre and rope, and was regarded as a useful crop. However, the positive attitude towards cannabis and hemp started changing at the start of the 20 th century.
Like the rest of the US, Michigan banned cannabis use in the 1930s with the passing of the Marihuana Tax Act. However, while much of the US was engaged in a ‘war on drugs’ during the 1970s, one city in Michigan adopted a very different strategy.
The college town of Ann Arbor was the location for many pro-cannabis rallies. For example, when the poet John Sinclair was sentenced to 10 years in prison for possessing two cannabis joints, protestors organised the Free John Sinclair Rally in a bid to see his sentence revoked.
The activism within the town ultimately led to changes in local law. For example, in 1974, possession of small quantities of cannabis in Ann Arbor became a civil infraction, rather than a criminal offence.
Michigan was one of the earlier states to legalise medicinal cannabis too (the 13 th to do so), which reflects its modern attitudes towards the drug.
Attitudes towards cannabis
56% of voters supported the legalisation of cannabis, which indicates a strong majority views the drug positively. However, some industry experts talk about ‘fear’ campaigns, which led other Michigan residents to protest against cannabis legalisation.
Steve Hawkins, executive director of the Marijuana Policy Project, comments: “This issue [cannabis legalisation] enjoys strong support not only on the coasts, but also in the Midwest and all throughout the country.”
With one in five states now choosing to legalise recreational use (and three in five legalising medicinal use), the big question is – will federal law change to keep up with the shifting attitudes of the country?
While every effort has been made to ensure the accuracy of this article, it is not intended to provide legal advice, as individual situations will differ and should be discussed with an expert and/or lawyer.
Finding seeds to grow marijuana at home in Michigan will be hard
Allowing folks to grow their own marijuana without fear of criminal prosecution is part of the ballot proposal that voters approved on Tuesday, but getting the materials needed to start a home-grow may be a challenge for budding horticulturists.
Until the recreational marijuana market gets up and running, one option is to get seeds or marijuana clones from someone already growing marijuana for medical use. But those items can only be given away, not sold.
Or you can buy seeds online, though that will put home growers at risk of violating federal law.
Marijuana use, possession and growing becomes legal in Michigan 10 days after the Board of Canvassers certifies the election results, which should be sometime in December.
But actual marijuana, along with the seeds and cannabis cuttings used for home grows, won’t be commercially available for sale until the state Department of Licensing and Regulation develops the rules governing the adult recreational market. And that won’t happen until probably early 2020.
“The longer it takes the state to set up retail stores, the more people will be home growing,” said Matt Abel, executive director of the Michigan chapter of the National Organization for the Reform of Marijuana Laws or NORML. “I expect a rush on the grow stores in December because people are going to be getting lights and fans for Christmas.”
The ballot proposal allows people at least 21 to grow up to 12 plants for personal use as long as they don’t sell any of the pot. But how does one start a personal grow without easy access to seeds or plants?
Marijuana seeds are available for sale online. But shipping that product across state lines is still considered a crime because the federal government classifies marijuana as an illegal substance.
“Absolutely not — nothing is legal when it’s shipped across state lines,” said Barton Morris, a Royal Oak attorney specializing in the laws surrounding the marijuana industry.
Caregivers, who have been legally growing medical marijuana under a 2008 Michigan law passed by voters, can give away marijuana, seeds and clones — rooted cuttings from existing marijuana plants — but under the ballot proposal passed on Tuesday, they can’t accept payment for those items. And they can’t give it away to anyone under the age of 21.
Currently, there are 43,056 registered caregivers in Michigan, who are allowed to grow up to 12 plants for each of five patients, and there are 297,515 registered medical marijuana cardholders in the state.That system stays in place even with the law that voters passed by a 56-44 percent margin on Tuesday.
Abel said that provision may result in some fast and loose ways to get seeds and clones to gardeners.
“Under the Michigan recreational law, you can give cannabis to someone, you can gift it,” he said. “In Washington D.C., it’s legal to possess, but not legal to sell marijuana. So, some people are saying, ‘Buy this coffee mug for $50 bucks and we’ll fill it with cannabis.’ ”
Morris said that would not be a wise choice for Michiganders looking to get into the home grow market.
“That’s not legitimate. It’s so obvious that it’s an attempt to work around the law,” he said. “That defeats the entire purpose of the law.
“If we’re seriously going to try to transition to a commercial market, we’re just going to have to wait for it,” Morris added. “Colorado didn’t happen immediately and we won’t either.”
Voters in Colorado passed legal weed in 2012 and the commercial market wasn’t established until 2014.
Aspiring home growers can plant their cannabis inside or outdoors, but outdoor grows have to be walled and locked and can’t be visible to anyone passing by.
And there is a movement to try and restrict the home grow portion of the ballot proposal. Many Republican lawmakers never supported the ballot proposal to legalize marijuana in Michigan and now want to take a look at tweaking the language of the law.
“I personally have concerns about the home grow portion of it. We’ve left that wide open,” said Senate Majority Leader Arlan Meekhof, R-West Olive. “I don’t know that this state would hire folks to see if people were only growing 12 plants.”
He worries that people will grow more than 12 plants and fuel the black market with marijuana that’s not tested and won’t be tracked or taxed by the state.
Changing the language of the ballot proposal would be a steep climb. Since it was passed by voters, any changes would need a three-fourths vote from the Legislature. While that change could happen in the current Republican-led Senate, where the GOP holds a 27-11 majority, it would be tougher in the House of Representatives, where the GOP has a 63-46 majority. Changes in the law would have a better chance of happening during the three-week lame duck session of the Legislature, which begins on Nov. 27. After the Legislature adjourns for the year in mid-December, the GOP majorities will shrink to 22-16 in the Senate and 58-52 in the House.
Morris tried to allay the fears about the home grows.
“Twelve plants are not a significant amount, especially at home where conditions aren’t ideal,” he said. “The plants are never flowering at the same time, so 12 plants are truly what we believe is an appropriate number for personal consumption.”
Depending on the strain and the growing conditions, a single marijuana plant can yield anywhere from 2 ounces to 2 pounds.
The Healthy and Productive Michigan group, which opposed the legalization proposal, is also considering its options to try and stem the tide of legal weed that will surely flood the Michigan market.
Their first priority will be working with communities that want to prohibit marijuana businesses in their communities, which is allowed under the ballot proposal.
“Within the first 24 hours after the election, we heard from more than 20 communities and it’s closer to 50 to 60 now,” said Scott Greenlee, executive director of the group. “There’s already significant buyer’s remorse.”
While he said he’d love to see the Legislature take some action to limit home grows, the group hasn’t decided whether it will join that effort.
“I think the more limits put on this thing, the better,” Greenlee said. “We won’t oppose any limits.”
Abel issued a warning to legislators and others who want to change the legalization of marijuana.
“I think some legislators could face some recalls if they try to do it,” he said. “The people spoke loud and clear on Tuesday.”
Kathleen Gray covers the marijuana industry for the Detroit Free Press. Contact her: 313-223-4430, [email protected] or on Twitter @michpoligal.
Where to buy marijuana seeds in Michigan
Having first introduced medical marijuana in November 2008, Michigan became the 10th US state and the first in the Midwest, to legalise recreational cannabis in the mid-term elections of November 2018 (those elections also saw Missouri and Utah adopt legalised medical cannabis laws).
But what does this the new law mean for the great lakes states residents looking to grow their own cannabis seeds in Michigan? Let´s take a closer look at the recently implemented Michigan marijuana laws.
Michigan Cannabis Law
Michigan’s recreational marijuana law, known as the Michigan Regulation and Taxation of Marijuana Act permitted the legal sale of cannabis from December 2019.
Since cannabis has been legalized in Michigan, adults aged 21 years or older are legally permitted to possess the following:
- Up to 2.5 ounces of cannabis in a public setting
- Up to 10 ounces of cannabis in a private property
- Up to 15 grams of cannabis concentrates
- Up to 12 cannabis plants
However, medical restrictions differ – Under the Michigan Medical Marijuana Act, qualifying patients suffering from a state-approved debilitating condition are permitted to possess up to 2.5 ounces of cannabis or cannabis equivalents.
Michigan Medical Marijuana patients are allowed to possess the following:
- Up to 16 ounces of marijuana-infused products in solid form
- Up to 7 grams of marijuana-infused products in gaseous form
- 36 fluid ounces of marijuana-infused products in liquid form
At present, there are only 47 registered locations for cannabis sales in the state with widespread availability not expected until 2021.