Detroit Possession of Marijuana Attorney
Across the country, states are relaxing their laws regarding the use and possession of marijuana. Having legalized marijuana for medical use 2008, Michigan recently decriminalized the recreational use and possession of marijuana late last year. While the law will continue to evolve, you should understand how it applies to you and how you can avoid legal problems.
Detroit marijuana attorney Martin Drias has been helping people in Michigan face their marijuana charges and navigate the legal landscape since founding Drias Law Group. We provide our clients with dedicated and personalized legal representation no matter what situation you are in. If you are facing charges or have questions about what these new laws mean for you, call us at (313) 944-0236 or reach out via our online contact form to schedule a free and confidential consultation.
Michigan Adopts New Marijuana Possession Laws
The Michigan Regulation and Taxation of Marihuana Act (MRTMA) became effective on December 6, 2018, effectively decriminalizing the recreational possession and use of marijuana. The new laws allow people who are 21 or older to legally possess marijuana within the following parameters:
- You can now legally possess up to two and a half ounces of marijuana on your person.
- At home, you can have up to 10 ounces of marijuana, provided that any marijuana more than two and a half ounces is “stored in a container or area equipped with locks or other functioning security devices.”
- You can possess up to 15 grams of marijuana concentrate (approximately a half ounce).
The law also allows you to legally give someone up to two and a half ounces of marijuana, provided that there is no money exchanged and that you are not advertising to the public.
Restrictions on the Possession and Use of Marijuana
Despite decriminalization, the new law does come with restrictions. As an initial matter, the law prohibits the possession and use of marijuana by anyone under the age of 21. It also enacts the following restrictions:
- You cannot possess or consume marijuana or possess or use marijuana accessories on the grounds of any public or private K-12 school, as well as any property that operates a preschool or kindergarten program. This prohibition also applies to school buses.
- You cannot possess or consume marijuana or possess or use marijuana accessories while on the grounds of any correctional facility.
- You cannot use marijuana in a public place or any place where the owner of the property has prohibited the use of marijuana.
- You cannot use marijuana while operating a motor vehicle or operate a motor vehicle while under the influence of marijuana.
- Butane extraction and similar methods are prohibited in public, in a motor vehicle, or within a residence.
- You cannot transfer marijuana to someone under the age of 21.
In addition to these restrictions, there are a couple of other wrinkles in the law that you should pay attention to:
- Employers can still discipline you and even fire you for possessing or using marijuana.
- Landlords cannot prohibit their tenants from possessing or using marijuana, except that they can prohibit you from smoking marijuana on the premises.
Penalties Imposed by the MRTMA
As noted above, the passage of the MRTMA largely decriminalized the possession and use of marijuana in Michigan. However, you still may be subject to certain penalties, some of which may be criminal charges.
- Possession or delivery of two and a half ounces in situations where possession or delivery is prohibited, such as on school grounds or while operating a motor vehicle is a civil infraction. It is punishable by a maximum fine of $100 and forfeiture of the marijuana.
- Possession or delivery of or intent to deliver more than two and a half ounces but less than five ounces is a civil infraction for first and second violations and a misdemeanor for third and subsequent violations.
- Possession or delivery of more than five ounces of marijuana is chargeable as a misdemeanor offense and subject to jail time if the violation was habitual, willful, and for a commercial purpose or it involved violence.
You should also be aware that marijuana remains a Schedule 1 drug under federal law, and therefore, possessing or using marijuana is a federal crime. In addition, it’s unclear how the MRTMA will be interpreted by prosecutors and judges, so it’s difficult to anticipate how aggressively they will bring charges or impose penalties.
Need Help? Contact a Detroit Marijuana Possession Attorney
Drias Law Group stays abreast of Michigan’s marijuana laws to help our clients get the answers they need. We have the experience and knowledge to help you resolve whatever issues or charges you are facing. Schedule a free consultation with attorney Martin Drias today by calling (313) 944-0236 or filling out our online contact form to discuss your case and how we can help you.
Charged with Michigan possession of marijuana offense? Contact us today.
Your initial consultation will always be free and confidential. Call (313) 944-0236 today or fill out the form below and we will help you.
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