Gavin Howe
Marijuana laws vary from state to state in the US, and in Michigan, adults over the age of 21 are allowed to grow up to 12 marijuana plants at home for personal use. However, there are several rules and restrictions in place that growers must follow to avoid criminal penalties. For example, plants must be kept out of public view and stored in a secure, enclosed area. While the cultivation of marijuana has been decriminalized in Michigan, it is important to note that federal law still classifies marijuana as a Schedule I controlled substance, and individuals can still face criminal charges or civil penalties for violating marijuana laws.
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What You'll Learn
Adults 21+ can grow up to 12 plants at home
As of 2018, it is legal for adults aged 21 and over to grow marijuana in Michigan. Adults can grow up to 12 plants at home, or within their residence, for personal use. This is double the limit of most other states, which is six plants per household.
However, there are some important restrictions to be aware of. Plants must be kept out of sight and stored in a secure, enclosed area to which access is restricted by locks or other security devices. They cannot be grown outside or visible from a public place, even if this is on your own property. In addition, you cannot sell your home-grown marijuana for profit without the correct state and local licensing. You can, however, gift up to 2.5 ounces of usable flower or 15 grams of concentrate to other adults over 21.
It is also important to remember that marijuana is still a Schedule I controlled substance under federal law, and federal laws always take precedence over state laws. This means that you cannot travel with marijuana or take it through airport security, even if it is legal in your state.
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Plants must be stored in a secure, enclosed area
In Michigan, adults over the age of 21 are allowed to grow up to 12 marijuana plants at their residence for personal use. However, there are specific rules that must be followed regarding the storage of these plants.
The law also stipulates that the plants must be grown for personal use only. Selling marijuana without the appropriate state and local licensing is illegal in Michigan. However, it is legal to gift marijuana and infused products to other adults over the age of 21.
Failing to comply with these regulations may result in criminal penalties. Growing marijuana plants that are visible from a public place or outside of a secured area is punishable by a civil infraction with a fine of up to $100 and forfeiture of the marijuana. Cultivating 13 to 24 plants for personal use incurs a maximum fine of $500. Growing 25 to 200 plants is a felony with a term of imprisonment of up to seven years, while cultivating more than 200 plants carries a sentence of up to 15 years in prison.
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Plants must not be visible from a public place
In Michigan, adults over the age of 21 are allowed to grow up to 12 marijuana plants at their residence for personal use. However, one of the stipulations of the law is that the plants must not be visible from a public place. This means that the plants cannot be visible to the public without the use of binoculars, aircraft, or other optical aids.
If you are found to be growing marijuana plants that are visible from a public place, you can be fined up to $100 and the marijuana will be forfeited. This is considered a civil infraction. If you are cultivating 24 plants for personal use, the fine increases to a maximum of $500. The cultivation of 25-200 plants is a felony and can result in imprisonment of up to seven years. If you are cultivating more than 200 plants, the felony charge comes with a term of imprisonment of up to 15 years.
To avoid your plants being visible from a public place, you will need to grow them indoors or in an enclosed area that is not visible from the street or any other public space. This area must also be equipped with locks or other functioning security devices that restrict access.
It is important to note that while growing and using marijuana is legal in Michigan, law enforcement officials remind residents that marijuana use and possession are still regulated. Marijuana is treated similarly to alcohol, meaning you cannot drive under the influence and using it openly in public can result in arrest.
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Growing illegal marijuana is a misdemeanour
As of December 6, 2018, it is legal to grow your own marijuana in the state of Michigan. Adults over the age of 21 can grow up to 12 marijuana plants at their own residence for personal use. However, there are certain rules that must be followed to stay compliant with the law.
Firstly, marijuana plants must not be visible from a public place without the use of binoculars, aircraft, or other optical aids. Plants must be grown inside an enclosed area equipped with locks or other security devices that restrict access. Additionally, while growing and using marijuana may be legal in Michigan, it is still illegal under federal law, and driving under the influence or using it openly in public can result in arrest.
It is important to understand the legal implications of growing marijuana, as penalties can range from a small fine to several years in prison. In Michigan, growing 25-200 plants for personal use is considered a misdemeanour and is punishable by imprisonment if the violation was habitual, willful, and for a commercial purpose or if the violation involved violence. The sale of marijuana without state and local licensing is also illegal in Michigan, and can result in criminal penalties.
Furthermore, the use of volatile substances to produce concentrates, such as butane, extreme heat, or dangerous lab equipment, is prohibited in Michigan. Distribution of marijuana to a minor under the age of 21 and distribution within 1,000 feet of a school, playground, or public housing can result in doubled penalties. It is crucial to stay informed about the ever-changing landscape of marijuana laws and consult an attorney or conduct legal research to verify the specific laws in your state.
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Selling without a license is illegal
As of 2018, it is legal to grow your own marijuana in Michigan. Adults over the age of 21 can grow up to 12 marijuana plants at their own residence for personal use. However, selling your homegrown marijuana without a license is illegal.
If you are interested in selling your homegrown marijuana, you must obtain the appropriate licenses from the state. The specific license you need depends on the type of business you want to start. For example, if you want to operate an adult-use or medical marijuana facility, you must first complete the Buildings, Safety, Engineering, and Environmental Department (BSEED) Zoning and Building Permit Process. Once you have received the required zoning and permits, you can submit a license application. All individual members, stakeholders, and officers of the entity must also submit individual clearance applications, in addition to the business clearance for the corporation or LLC.
It is important to note that even with a license, there are restrictions on how much marijuana you can sell. In Michigan, you can sell up to 2.5 ounces of usable flower or 15 grams of concentrate to adults over the age of 21. Additionally, you cannot drive while under the influence of marijuana. Using it openly in public can also get you arrested.
While growing and selling marijuana can be a lucrative industry, it is important to stay compliant with state laws to avoid criminal penalties. In Michigan, the penalties for possession and use can be harsh, and federal laws still consider marijuana a Schedule I controlled substance, defined as a drug "with no currently accepted medical use and a high potential for abuse." As such, it is essential to understand the legal requirements and restrictions before entering the industry.
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Frequently asked questions
Adults over the age of 21 can grow up to 12 marijuana plants at their residence.
No license is required to grow marijuana at home in Michigan as long as it is for personal use and you comply with the state limit. However, if you plan to sell your marijuana, you will need a license.
Yes, marijuana plants cannot be grown outside of an enclosed area equipped with locks or other security devices that restrict access to the area. The plants also cannot be visible to the public without the use of binoculars, aircraft, or other optical aids.
