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Michigan Marijuana Penalties

November 23, 2012
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Handcuffs Vector Image (Photo credit: Vectorportal)

The following Information was obtained at the NORML website: Norml.org

Michigan Penalties

Offense Penalty Incarceration   Max. Fine

Possession

Any amount misdemeanor 1 year $ 2,000
In a park misdemeanor or felony 2 years $ 2,000
Use of marijuana misdemeanor 90 days $ 100

Sale

Sale without remuneration misdemeanor 1 year $ 1,000
Less than 5 kg felony 4 years $ 20,000
5 – 45 kg felony 7 years $ 500,000
45 kg or more felony 15 years $ 10,000,000

Cultivation

Less than 20 plants felony 4 years $ 20,000
20 – 200 plants felony 7 years $ 500,000
200 plants or more felony 15 years $ 10,000,000

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Sale of paraphernalia misdemeanor 90 days $ 5,000

Miscellaneous (license suspensions, civil damages, etc…)

In Ann Arbor N/A N/A $ 100
Any conviction will result in a driver’s license suspension for 6 months.

Penalty Details

Possession

Possession of any amount is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. A conditional discharge is possible.

Use of marijuana is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $100.

Possession in a park is either a felony or a misdemeanor, based on the judge’s discretion, and is punishable by a maximum of 2 years imprisonment and a maximum fine of $2,000.

See:

Sale

Sale without remuneration is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of less than 5 kg is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The sale of 5 kg-45 kg is a felony which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The sale of 45 kg or more is a felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

See:

Cultivation

The cultivation of fewer than 20 plants is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The cultivation of 20-200 plants is a felony which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The cultivation of more than 200 plants is a felony which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

See:

Hash & Concentrates

In Michigan, marijuana and hashish are punished in the same manner. The statutory definition of “marihuana” includes “all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.” Hashish, hashish oil, and extracts clearly fall under this definition. Please see the marijuana penalties section for further details on Michigan’s criminal sanction on cannabis.

See:

Paraphernalia

The sale of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $5,000. Bongs, dugouts, and pipes are exempted from the definition of paraphernalia, however.”

See:

  • Michigan Code Section 333.7453(1) Web Search
  • Gauthier v. Alpena County Prosecutor, 267 Mich.App. 167, 703 N.W.2d 818 (MI Ct. App. 2005) Web Search

Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

Ann Arbor

In Ann Arbor, the penalty for being caught with marijuana is a $25 fine for the first offense, $50 for the second, and $100 for the third offense. Marijuana is not decriminalized on the University of Michigan’s campus.

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold. For more information, see NORML’s Drugged Driving (DUID) report.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.

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