MenuMarijuana and possession of marijuana have been hot topics in the United States for several decades. In recent years, many states, including Michigan, have taken action to legalize medical marijuana and decriminalize recreational use for people over age 21. Regardless of the laws allowing medical and recreational use in Michigan, marijuana use, possession, and growth is still closely regulated. As a result, there are rules and regulations that you must follow if you intend to grow, use, or possess the substance. This article will discuss the laws associated with marijuana cultivation and possession and how these rules apply to you.
Experienced Michigan Marijuana Cultivation And Possession With Intent Representation You Can Trust
When facing a criminal charge, no matter the charge, defending yourself can be daunting. Depending on the violation, you may face substantial penalties or consequences that can follow you for the rest of your life. The criminal justice system has many moving parts that require close attention and compliance to be handled successfully. When facing these kinds of charges, it is crucial to have someone on your side who understands the criminal justice system to help you put on the best defense possible. An experienced criminal defense attorney can help you defend against your charges and protect your rights and interests along the way. George Law criminal defense attorneys understand what is at stake and are ready to represent you. To learn more or schedule your initial case consultation, call 248-247-7459 or visit our website today.
Cultivation Laws Today
As discussed above, it was previously against the law to possess or grow marijuana in Michigan unless you qualified for medical marijuana usage. However, in 2018, the Michigan Regulation and Taxation of Marihuana Act (MRTMA) allowed those 21 or older to grow and cultivate 12 plants for personal use. However, to maintain the plants, they must be kept in a private, secured area that cannot be visible to the public without using aircraft or vision aids like binoculars. This means that the plants can be cultivated on your property, but they must be grown in an area where the plants cannot be viewed or accessed by the public.
Penalties
Although you are allowed to cultivate plants for personal use, there is a limit to how many plants you can grow at any given time. The limit is 12 plants, with increasing penalties for more than 12. For example, if you have more than 12 plants but less than 24, you face several penalties.
A first-time violation is a civil offense, for which you may face a fine of up to $500, and you must surrender the plants. A second violation is also a civil offense for which you may be fined $1000 or less and be required to give up the plants to law enforcement. Three or more violations are misdemeanor offenses with fines up to $2000 and the required surrender of the marijuana plants.
If you have more than 24 plants, you face misdemeanor charges that carry jail time for repeated intentional offenses involving commercial purposes or violence related to the specific violation.
Possession With Intent To Distribute
Michigan limits how much marijuana or marijuana derivatives you can have in public, in your home, and whether you are allowed to distribute it to others.
Possession For Personal Use
You may have up to 10 oz of marijuana in your home without penalty. However, the rules are different if you have marijuana on you outside of your home. If you have more than 2.5 ounces up to 5 ounces, you will not be charged but will face a fine of up to $500 for a first-time offense. If you have more than 5 ounces and it is your first offense, you may be charged with a misdemeanor and up to a $500 fine.
Sale Or Distribution
For the distribution of marijuana, if you distribute less than 5 ounces without selling it, you face a civil infraction and up to a $500 fine. However, penalties for selling marijuana without a license can result in substantial penalties. For sales of less than 5 kilograms, you may be charged with a felony, for which you may spend up to four years in prison and be fined up to $20,000. For sales of more than 5 kilograms but less than 45 kilograms, you face a felony punishable by up to seven years in prison and up to $500,000 in fines. Finally, sales of 45 kilograms or more are a felony, punishable by up to 15 years in prison and fines up to $10 million.
Federal Marijuana Crimes
Michigan law largely has removed offenses related to marijuana. However, the federal government still considers marijuana a dangerous substance, and violations of federal law can come with steep penalties. Depending on the number of plants you had, if you intended to transport marijuana over state lines, or if someone was injured because of the trafficking of marijuana, you can face prison terms as high as 20 years and fines up to $50 million.
Hiring A Michigan Cultivation And Possession With Intent To Distribute Attorney
When you need skilled criminal defense representation, contact George Law. George Law criminal defense attorneys can help you understand your charge and mount the best defense. To learn more or schedule your initial case consultation, call 248-247-7459 or visit our website today.