The Cannabis craze has left everyone from cannabis veterans to grandmothers with arthritis scratching their heads, wondering what’s legal and what’s not. Some frequent questions at HighHello are: Can I grow my own plants? Can I give cannabis as a gift? How much can I possess without getting arrested? Where can I use my products in public? And can I fly with pot now that it is legal?
Well, you don’t have to wonder any longer. This HighHello guide will assure you that you need to use, grow, or gift your products without fear of legal consequences.
Is Cannabis Recreationally Legal in Michigan?
Most people understand that marijuana is still a controlled substance in the eyes of the Federal government. But each state can dictate what those laws are for their state. This means that no two states’ marijuana laws are the same, adding to the confusion of what you can and cannot do.
Can you believe it? Cannabis is sadly still listed as a Schedule I controlled substance. In 2018, however, Michigan passed the Michigan Regulation and Taxation of Marijuana Act. This legalized recreational marijuana state-wide for people over the age of 21. That was a big win for Michigan, being the first Midwestern state to pass such an act.
As with any law on a controlled substance, there are many rules and regulations to mention. We will highlight all the ones that will keep you out of trouble and enjoying your cannabis worry free.
Where can cannabis be used legally in Michigan?
If you were hoping to walk down the street while lighting up your favorite strain, we are sorry to disappoint you. The Michigan cannabis law prohibits the use of cannabis in public. You can only safely and legally use cannabis products in private locations, such as your home. So if the “pot police” knocking on your door and dragging you off to jail was a fear of yours in the past, you can rest easy. You are perfectly safe enjoying your products, some Netflix, and a big bowl of popcorn in peace.
Certain places are strictly off-limits, where arrests, fines, and possible jail time is an option. Stay out of these places and you will be fine.
- School buses
- Areas frequented by children
Can I Fly with Cannabis from a Legal State?
Remember, on the federal level, cannabis is still illegal. So it is not advised to bring cannabis products into airports and government buildings. There are no clear penalties to note, but they could range from confiscating the product to fines or jail time. This is not a risk you want to take.
Will I be terminated if I test positive for cannabis?
I am afraid we have some bad news here, especially since you were excited to learn that marijuana is now legal in Michigan. But employers can still test you and dismiss you for cannabis use at their discretion. This pertains to both medical or recreational marijuana. That’s a bummer, we know.
What if I want to grow my own plants? Can I do that?
Here is where we can share some good news when it comes to the marijuana laws in Michigan.
Michigan law allows people 21 years old or older to grow up to 12 plants within their residence. Now, that’s a lot of pot! Of course, there are rules which you would expect. Here is what you need to know:
- Keep them hidden! The plants must be enclosed in a “grow room” safely hidden from public view.
- Not a peek. There can be no visible sign outside your property that cannabis plants are flourishing on the inside.
- Lock & key. The plants must be in a room that is also locked. Only those directly involved in the growing should have access to this hidden room in your residence or property.
But I rent; can I still grow?
It is indeed legal to grow your cannabis plants in a rental property. Still, it is ultimately up to the landlord whether you can use and grow in your leased location. Best practice is to talk to your landlord first before planting the seed.
Can I grow my cannabis outside the house?
The answer is yes, you can grow a pot garden with a few caveats. Your grow space must not be visible to anyone passing by, including your neighbors. And you wouldn’t want your cannabis plants in plain view anyway. There are more than legal risks when people know what goodies you are growing in your garden. Stay discreet and stay safe.
In addition to not being visible, your outside grow house must be contained within a non-moveable structure. This means a structure that is enclosed on all sides by fencing that is anchored to the ground and locked, preventing access to the general public. A small portable shed with a lock on the door and a fence around it is the perfect outside DIY grow house.
Hey, we don’t make those rules; we just want to encourage you to safely grow your cannabis within them. And another stipulation. Yes, there is more. You must own, lease, or rent the property in your name to grow on the property. Lastly, all harvesting activities must be done inside the gated, locked, immovable structure. Keep it contained; keep it legal.
What are the penalties for possessing, selling, or cultivating marijuana?
We have given you a comprehensive guide to the legalities of cannabis in Michigan. Hopefully, this “keep it legal” guide has illuminated what you can and cannot do with your latest HighHello box. But, if you find yourself in a grey zone or other precarious situation, here is what you can expect if you find yourself on the other side of the law.
The Rules of Possession
- Parks – If you are within 1000 feet of a park, you could be charged with a felony or a misdemeanor. It is really up to the judge. You could get sentenced to up to 2 years in prison and receive a fine of $2,000. Stay away from the parks, please.
- In Public: If you are in public, any adult can possess up to 2.5 ounces of marijuana safely without any legal consequence. If the cannabis is concentrated, up to 15 grams is allowed by law.
- At Home: 10 ounces of marijuana can be safely and legally possessed in the home. This includes marijuana that is cultivated on the premises.
- As a Gift: Yes! You can gift cannabis to others. You can give a gift of 2.5 ounces of cannabis to another adult. Just don’t make that public knowledge or advertise it.
- Plants: An adult can grow up to 12 cannabis plants in their residence and only for personal use. A growers license is needed for the cultivation for resale of marijuana.
- The maximum amount of cannabis plants you can grow in or around your residence is 24. Any more than that and you could be slapped with a civil offense and a $500 fine. Thankfully, there is no jail time associated with having an ample supply of cannabis on hand at all times.
- Visibility: It is a civil offense to violate the visibility statute within the Michigan cannabis law. Plants that can be seen growing or cultivated by the general public can result in no more than a $100 fine, and your cannabis will be confiscated. Nobody wants that!
What about other cannabis products?
The law considers all cannabis products and their derivatives under this law. That means hash, concentrates, dabs, edibles, etc. The rules and penalties for marijuana pertain to these products as well.
There are no consequences for buying, selling, or using cannabis paraphernalia such as bongs, pipes, papers, or other fun cannabis accessories.
Want to speak to a professional about rules and guidelines?
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