The new law on expungement that will soon be implemented in the state of Michigan has raised a lot of questions about its effect on the use of cannabis or marijuana in the State. While some citizens are concerned about how they can legally use the substance others are concerned about how they can legally start a business selling cannabis.
Here at Haque Legal, it is our Southfield criminal defense attorneys’ goal to provide information to potential clients and our readers. We want to make sure that we get the message across and tell you all of the possible information that you would need to protect your rights.
When it comes to cannabis use, there are some things that you need to know first about before even thinking about touching the substance.
When did Michigan legalize the use of Marijuana?
The state of Michigan legalized, taxed, and regulated the use of cannabis for marijuana similar to alcohol on November 6, 2018.
What does legalization mean?
The legalization of the use of cannabis means that adult use and possession, as well as cultivation of cannabis plants, is now allowed in the state of Michigan, subject to the limitations set by the law.
What are the limitations on adult use, possession, and cultivation of Cannabis in Michigan?
According to the law, the following are the limitations that you should follow if you are planning to use, possess, or cultivate Marijuana in Michigan:
- You must be an adult who is 21 years of age or older;
- You may only possess, use, give away, or purchase up to 2.5 ounces of cannabis;
- If you are planning to cultivate the cannabis plant you can only grow up to 12 cannabis plants and possess up to 10 oz of the end product;
- At any given time you must only possess up to 10 oz at your primary residence; and
- You may only share the activity with other adults who are 21 years of age or older.
What are the prohibited conduct and the penalties I should expect?
Even with the legalization of cannabis use and possession in the state of Michigan, it is important that you still follow the requirements set by the law. The following are the prohibited conduct and the corresponding penalties that you should expect:
Prohibition on Public Use
You are not allowed to consume marijuana in any public place. While there are exceptions to the consumer under the medical marijuana law, marijuana is prohibited to be consumed at any public place. The penalty is a civil fine of up to $100.
Prohibition on Weight
As discussed above at any given time an individual is only allowed to have 2.5 oz of cannabis at their residence.If you are to go beyond this amount the amount exceeding must be secured in a lock. Any violation of this carries a civil fine of up to $100.
What if the police just showed up at my house and searched for my marijuana stash and found that I exceeded the amount? Unless the police have a search warrant or probable cause to go to your house and search for your stash they have no business in your house. If you are faced with this problem and the police start knocking on your door, the best thing to do would be to contact your lawyer and have us talk to the police so we can clear things out.
The use of marijuana is not allowed in any correctional facility even if it is already allowed for recreational use in the state of Michigan. It is also not allowed to possess or consume any cannabis product at a preschool or a K-12 school.
What if I just forgot to remove the marijuana from my pocket when I picked up my child at school? No matter what your reason is, the prohibition of possession in a preschool or a k-12 school is absolute. There is no reason for you to be carrying it around in a school and once proven that you have it you can be arrested right then and there.
Prohibition on Cultivation
If you want to cultivate your plant in your own home you are allowed to do so. However, the cannabis plants may not be visible from a public place or the view of the public.
When you are cultivating the product you are also required to make sure that they are just at a location that is equipped with a lock and secured with a key.
What if I want to start my own business?
If you want to start your own business selling cannabis, you will be regulated by the Department of Licensing and Regulatory Affairs (LARA). LARA regulates the business of selling cannabis by requiring a specific set of documents and prohibitions to individuals who are planning to start the business.
We will create a separate article on selling cannabis in Michigan, you may find the article on our website.
What is the effect of the new law on previous convictions?
A lot of citizens of Michigan got excited when the bill was introduced because it will also affect the bill on the expungement of criminal records. Cannabis crimes in Michigan are often charged among the black community. The new law legalizing the recreational use of marijuana is one of the many steps that the State of Michigan can take to help those convicted of cannabis crimes to start anew.
You Might Need Our Help
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used. We also want to make sure that you know how to protect your rights and how to enjoy them. If you want to start using cannabis recreationally or start a business of selling that is legal, we are here to help you out.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need help with making your cannabis use legal or are wrongly charged for drug possession in Southfield, we are here to help. Our operators are always standing by to help you out.