Recreational Marijuana Law in Michigan

Effective December 6, 2018, the Michigan Regulation and Taxation of Marihuana Act (MRTMA) makes possessing certain amounts of marijuana (spelled “marihuana” in the statute) legal.  MCL 333.27954.  Although you may possess a certain amount of marijuana in Michigan legally, you still cannot do things like drive a car, plane, snowmobile, off-road vehicle, or boat while under the influence of marijuana.  Even if you are in the passenger area of a car on a public highway, you cannot smoke marijuana.  

You also cannot transfer marijuana to anyone under the age of 21 years old.  If you are under 21 years old you cannot possess, consume, purchase or otherwise obtain, cultivate, process, transport or sell marijuana.  

That is not all that is restricted.  You are not allowed to use butane extraction to separate marijuana plant resin or another method that uses a substance with a flashpoint below 100 degrees Fahrenheit in any public place, car, or within the curtilage of a residential structure.  You cannot consume marijuana in a public place or smoke marijuana in a public place.  A public place, however, does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age.  It may seem obvious, but the law also says you cannot possess marijuana accessories, possess marijuana, or consume marijuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility.

You also cannot cultivate or grow marijuana if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area.  The amount of marijuana you can possess is 2.5 ounces or less within your residence unless the excess marijuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.

If you are a medical marijuana patient or caregiver, your rights and privileges under the Michigan Medical Marihuana Act, MCL 333.26421 et seq., are supposed to be protected.

Your employer or workplace does not have to accommodate your desire to consume marijuana in the workplace or on your employer’s property.  Your boss can still discipline you for violating a workplace drug policy or for working under the influence of marijuana.  An employer can also refuse to hire, discharge, discipline, or take other adverse employment actions if you violate a workplace drug policy or work while under the influence of marijuana.

Someone can prohibit or regulate your consumption, cultivation, distribution, processing, sale, or display of marijuana and marijuana accessories on the property they own, occupy, or manage.  However, a landlord cannot prohibit a tenant from lawfulling possessing and consuming marijuana by means other than smoking.