Charged with a marijuana offense in Michigan? Legal does not mean unregulated, and the amount decides the charge
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. This page covers marijuana charges in Michigan: what adults 21 and older may lawfully do, how the penalties step up when a person goes past those limits, what the medical marijuana act protects, and when selling or delivering becomes a felony. In most of these cases the weight, the number of plants, the age of the person and the setting decide what the charge is, so I start there. I do not promise outcomes.
The short answer. An adult 21 or older may possess up to 2.5 ounces of marijuana away from home (no more than 15 grams of it as concentrate), and up to 10 ounces and 12 plants at home. MCL 333.27955(1). Going over those limits is usually a civil infraction or a misdemeanor with no jail time, and the penalty rises with the amount and with repeat violations. MCL 333.27965. Selling or possessing with intent to deliver is a felony under the Public Health Code. MCL 333.7401(2)(d). Nothing here predicts how your case will end.
Many people assume that legalization ended marijuana cases. It did not. A traffic stop can still lead to a charge for driving under the influence, a person under 21 can still be cited, a large quantity or a grow can still bring a misdemeanor or a felony, and an unlicensed sale is still a crime. The adult-use law also leaves in place the rights of employers, landlords and property owners to set their own rules. MCL 333.27954(3), (4).
The other side of that is that the law is also a shield. The adult-use act says the acts it protects are not grounds for arrest, prosecution, search or inspection. MCL 333.27955(1). When an officer treats lawful conduct as a crime, or counts a quantity wrong, the case may be weaker than it looks, and that is the first thing I check.
Marijuana charges at a glance
| Situation | How Michigan treats it | Authority |
|---|---|---|
| Adult 21 or older, 2.5 ounces or less away from home (no more than 15 grams of concentrate); at home, up to 10 ounces and up to 12 plants cultivated on the premises | Not unlawful, not an offense, and not grounds for arrest, prosecution, search or seizure, subject to the limits in section 4 | MCL 333.27955(1)(a), (b) |
| Over the lawful amount, up to twice that amount (possessing, cultivating, giving away without payment, or possessing with intent to deliver) | Civil infraction for a first violation (fine up to $500 and forfeiture) and a second (fine up to $1,000 and forfeiture). A third or later violation is a misdemeanor with a fine up to $2,000 and forfeiture | MCL 333.27965(2) |
| More than twice the lawful amount (possessing, cultivating, or giving away without payment) | Misdemeanor, but no imprisonment unless the violation was habitual, willful and for a commercial purpose, or involved violence | MCL 333.27965(4) |
| Under 21, 2.5 ounces or less, or 12 plants or fewer | Civil infraction. First violation: fine up to $100 and forfeiture (under 18, a fine up to $100 or community service, forfeiture and 4 hours of drug education or counseling). Second: fine up to $500 and forfeiture (under 18, 8 hours of education or counseling) | MCL 333.27965(3) |
| Delivering, or possessing with intent to deliver, for payment | Felony under the Public Health Code: up to 4 years or $20,000 for less than 5 kilograms or fewer than 20 plants; up to 7 years or $500,000 for 5 to under 45 kilograms or 20 to fewer than 200 plants; up to 15 years or $10,000,000 for 45 kilograms or more or 200 plants or more | MCL 333.7401(2)(d) |
| Registered patient or caregiver within the medical act’s limits | Not subject to arrest, prosecution or penalty for medical use that follows the act. Selling to someone who is not allowed medical use is a felony of up to 2 years or $2,000 and the card is revoked | MCL 333.26424(a), (b), (l) |
Section 27965 says a person who commits the listed acts and is not otherwise authorized “may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law.” MCL 333.27965. That sentence matters when a prosecutor reaches for an older Public Health Code charge for conduct the adult-use act now covers.
What the adult-use act allows and what it does not
An adult 21 or older may also give away up to 2.5 ounces (no more than 15 grams of concentrate) to another adult 21 or older, without payment, as long as the transfer is not advertised or promoted to the public. MCL 333.27955(1)(d). The act does not authorize any of the following:
- Operating a motor vehicle, aircraft, snowmobile, off-road vehicle or motorboat while under the influence of marijuana, or consuming marijuana while operating one, or smoking it in the passenger area of a vehicle on a public way. MCL 333.27954(1)(a), (g).
- Transferring marijuana to a person under 21, or any possession, use, purchase or cultivation by a person under 21. MCL 333.27954(1)(b), (c).
- Consuming marijuana in a public place, or smoking it where the owner or manager prohibits it. MCL 333.27954(1)(e).
- Cultivating plants visible from a public place without optical aids, or outside an enclosed area with locks or other functioning security devices. MCL 333.27954(1)(f).
- Possessing marijuana accessories, or possessing or consuming marijuana, on school grounds, on a school bus or on the grounds of a correctional facility. MCL 333.27954(1)(h).
- Keeping more than 2.5 ounces at home unless the excess is in a container or area equipped with locks or other functioning security devices. MCL 333.27954(1)(i).
Two practical points. First, section 27965 excepts conduct described in section 4, including driving under the influence, from its lower tiers in several places, so a stop that begins with a driving allegation can change what the charge is. MCL 333.27965(1) to (4). Second, a person may not be denied custody of or visitation with a minor for conduct the act permits, unless the person’s behavior creates an unreasonable danger to the minor that can be clearly articulated and substantiated. MCL 333.27955(3).
Plants, weight and how the amount is counted
Because the penalty tier depends on the amount, I pay close attention to how it was measured. The Public Health Code defines a “plant” as a marijuana plant that has produced cotyledons or a cutting that has produced cotyledons, so what counts as a plant depends on that definition. MCL 333.7401(5). The felony tiers also apply to marijuana “or a mixture containing marihuana.” MCL 333.7401(2)(d). I look at the lab report, how the officers weighed and counted, whether packaging, stems or other material were included, and whether the plants were in the home or out in the open. A grow of 12 plants or fewer at a residence is protected, and a grow that is visible from a public place or not behind functioning locks is not. MCL 333.27955(1)(b); MCL 333.27954(1)(f).
Selling, delivering and possession with intent to deliver
Sales by a business licensed by the state are a separate, lawful system. The state issues licenses for retailers, processors, growers and other marijuana businesses, and a municipality may prohibit or limit the number of marijuana establishments within its boundaries. MCL 333.27959(2); MCL 333.27956(1). Selling outside that system is not protected by the act. The gift exception in section 27955 requires a transfer without remuneration. MCL 333.27955(1)(d).
The Court of Appeals addressed the next question in a published decision. In People v. Soto, No. 370138 (Mich. Ct. App. Oct. 7, 2024) (published), the defendant was charged with possession with intent to deliver between 5 and 45 kilograms of marijuana under MCL 333.7401(2)(d)(ii), and the court held that the adult-use act does not prevent a prosecution under that section. The court reasoned that section 27965 lists possession with intent to deliver only in the lower tiers, which shows the voters knew about that conduct and chose a civil infraction only for lesser quantities. This is a decision of the Court of Appeals, and another published Court of Appeals decision, People v. Kejbou, 348 Mich. App. 467 (2023), reached a different result on a charge of manufacturing 200 or more plants, so the two decisions are in tension. The Michigan Supreme Court denied leave to appeal in Soto in July 2025 over a dissent by Justice Bolden, who pointed to the apparent conflict with Kejbou, so the question may not be settled, and I check for later developments before relying on either decision in a client’s case.
Where the amount is small, the line between a gift, a shared purchase and a sale becomes the case. I look at texts, payment apps, packaging, scales and cash, and at whether the amount fits the lawful limits or the felony tiers. Intent to deliver is an element the prosecutor has to prove.
Searches, the smell of marijuana and traffic stops
For years officers treated the odor of marijuana as a reason to search a car. In People v. Wilkins, No. 167737 (Mich. July 22, 2026), the Michigan Supreme Court held that a warrantless search of a car under the automobile exception was unlawful where the trooper had probable cause to believe only that a civil-infraction amount of marijuana was present. The Court reasoned that the officer must have probable cause to believe that a criminal amount of marijuana is present, because the amount distinguishes a civil infraction from a crime, and it stated that the smell of marijuana does not per se provide probable cause regarding possession of a criminal amount. The case began in Kent County: the stop was a speeding stop, the driver and passenger were under 21, and the search turned up a firearm.
That decision is recent and it is limited to the automobile exception, so I read it closely against the facts of each stop. I look at what the officer actually saw and smelled, what was said, how long the stop lasted, whether the driver was impaired, and whether the search was supported by something other than odor. If the stop and search were bad, the evidence may be suppressed, and a motion can end the case.
Medical marijuana cases
The medical marijuana act gives registered patients and caregivers protection from arrest, prosecution and penalty for medical use that follows the act. For a patient, the amount may not exceed 2.5 ounces of usable marijuana and equivalents, plus 12 plants kept in an enclosed, locked facility if the patient has not specified that a caregiver will grow. The privilege from arrest applies only if the patient presents both the registry card and a valid driver license or other photo ID. MCL 333.26424(a). A caregiver has a parallel protection for assisting a connected patient, within limits that run per patient. MCL 333.26424(b). Possession of the card and an amount within the limits creates a presumption of medical use, which the prosecutor can rebut with evidence that the conduct was not for the purpose of alleviating the patient’s condition. MCL 333.26424(e).
Separate from that protection is the medical purpose defense. A patient or caregiver may assert the medical purpose as a defense to any prosecution involving marijuana, and the defense is presumed valid where the evidence shows three things: a physician has stated, after a full assessment in a bona fide physician-patient relationship, that the patient is likely to benefit; the quantity was not more than reasonably necessary to ensure uninterrupted availability; and the marijuana was acquired, possessed or used to treat the condition. It can be raised in a motion to dismiss, and the charges are dismissed after an evidentiary hearing if the person shows the elements. MCL 333.26428(a), (b). In People v. Hartwick, 498 Mich. 192, 238 to 240 (2015), the Michigan Supreme Court held that a defendant had to present prima facie evidence on each element of the section 8(a) defense, and that the defendant there had not offered evidence of the bona fide physician-patient relationship, the amount needed, or the medical purpose. The card alone does not prove the defense.
Neither the adult-use act nor the medical act excuses driving under the influence, and the medical act does not authorize use by a person without a serious or debilitating condition, smoking in a public place, or possession on school grounds. MCL 333.26427(b). A false statement to an officer about medical use to avoid arrest is punishable by a fine of $500 in addition to other penalties. MCL 333.26427(d). I ask for the card, the certification and the grow records at the first meeting.
Defenses and answers I look at
- The amount. Weight, plant count and packaging decide the tier, so I test the lab report and the officer’s count.
- The person’s age. Under 21 and 21 or older have different rules, and the dates matter.
- Lawful conduct. Where the conduct was inside the limits of the adult-use act, the act says it is not grounds for arrest, prosecution or search. MCL 333.27955(1).
- The stop and the search. I look at why the officer stopped the car, what justified the search, and whether odor was the only basis.
- Medical status. The card, the amount, and the section 8 defense.
- Intent to deliver. The prosecutor has to prove it, and a transfer without payment is treated differently from a sale.
- Who owned or controlled it. A shared car or house can make it hard to tie the marijuana to one person.
Ways a marijuana case may end without a trial
None of these is automatic. Each depends on the facts, the charge, the prosecutor and the court.
A civil infraction resolution. Many amounts in the lower tiers are civil infractions, not crimes, and the penalty is a fine and forfeiture. I check whether the citation matches the amount and the person’s age. MCL 333.27965.
Deferral for a first offense. A person who has not previously been convicted of a drug offense and who pleads guilty to or is found guilty of possession under section 7403(2)(d) or use under section 7404 may, with consent, have proceedings deferred and be placed on probation. If the terms are fulfilled, the court dismisses the proceedings without adjudication of guilt, and there may be only one such discharge and dismissal. MCL 333.7411(1).
A motion to dismiss. A medical purpose motion under section 8(b), or a motion based on an unlawful stop or search, can end a case before trial. MCL 333.26428(b).
Dismissal or reduction at the preliminary examination. In a felony case, if the magistrate decides no felony was committed or that there is no probable cause, the magistrate must discharge the defendant or reduce the charge to a non-felony. MCL 766.13.
How I handle a marijuana case
- Get the exact charge and the numbers. I read the citation or complaint, the statute and subsection charged, and the weight or plant count the prosecutor relies on.
- Pin down the person and the setting. Age, residence or public place, vehicle or home, and whether the person has a registry card.
- Review the stop and the search. I get the report, any video, the warrant if there was one, and the lab results.
- Test the felony elements. If the charge is delivery, I look for the payment, the communications and the proof of intent.
- Check the record. Prior drug convictions affect deferral eligibility, so I confirm the history before any plea discussion.
- Explain every option. I put the offer next to the trial risk and tell you what I would do. The decision is yours.
- Prepare for trial or a motion hearing. If the case should be heard, I prepare it that way.
What I need from you
Bring the citation or charging papers, the bond or release paperwork, any property receipt and anything the officer gave you. Write down your age and date of birth, where you were, who else was there, and how the marijuana was stored. If you hold a registry card, bring the card, your certification and your records. If the marijuana was bought from a licensed business, keep the receipt and the packaging. Do not talk to officers about the marijuana, do not post about it, and do not delete messages.
Where your Kent County marijuana case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A felony begins in district court with an arraignment and, if the case continues, a preliminary examination. MCL 600.8311(c), (e). Michigan law sets the Kent County district courts by municipality. The 61st District Court serves the city of Grand Rapids, the 59th serves the cities of Grandville and Walker, the 62A serves the city of Wyoming and the 62B serves the city of Kentwood. MCL 600.8128a; MCL 600.8130(1)-(3). The 63rd District Court serves the rest of Kent County, which includes the cities of Rockford, Lowell, Cedar Springs and East Grand Rapids and the surrounding townships. MCL 600.8130(4). If the magistrate binds the case over, the felony is arraigned in the circuit court, which for Kent County is the 17th Judicial Circuit. MCL 766.13; MCL 600.8311(f); MCL 600.518.
Why people hire me for a Michigan marijuana matter
You work directly with me, the lawyer handling your case. I tell you where the prosecutor’s case is strong and where it is thin, what the penalty tier is and what each offer would mean. I do not promise outcomes. I build the case the facts support, and then we decide together how to proceed.
My fee depends on the charge, how complicated the case is and how far it is likely to go. We talk about the fee at the consultation, before you decide whether to hire me.
Questions I hear from people charged with a marijuana offense in Michigan
How much marijuana can an adult legally possess in Michigan?
Under MCL 333.27955, an adult 21 or older may possess, use, and transport up to 2.5 ounces of marijuana, no more than 15 grams of it as concentrate. At home, an adult may keep up to 10 ounces and the marijuana from up to 12 plants grown there, but anything over 2.5 ounces at home must be in a locked container or locked area (MCL 333.27954(1)(i)). Giving up to 2.5 ounces to another adult 21 or older without payment is allowed if it is not advertised.
What is the penalty if an adult has more than the legal amount of marijuana in Michigan?
Under MCL 333.27965, the penalty is measured against the amount MCL 333.27955 allows, which is 2.5 ounces away from home and up to 10 ounces at your residence. Up to twice that amount, a first violation is a civil infraction with a fine of up to $500, a second up to $1,000, and a third is a misdemeanor with a fine of up to $2,000, plus forfeiture. More than twice that amount is a misdemeanor, with no imprisonment unless the violation was habitual, willful, and commercial, or involved violence. These tiers do not cover conduct the act excludes in MCL 333.27954, such as driving under the influence, and possession with intent to deliver more than twice the amount is not in that misdemeanor tier and can be charged as a felony under the Public Health Code.
What happens if a person under 21 is caught with marijuana in Michigan?
Under MCL 333.27965(3), a person under 21 with not more than 2.5 ounces, or growing not more than 12 plants, is responsible for a civil infraction. A first violation carries a fine of up to $100 and forfeiture, and for someone under 18, community service or a fine plus 4 hours of drug education or counseling. A second violation carries a fine of up to $500 and, if under 18, 8 hours of education.
Is selling marijuana a felony in Michigan even though adult use is legal?
Selling marijuana for money outside the adult-use act’s licensed system is not protected by that act. MCL 333.27965 covers possession, cultivation, delivery without payment, and possession with intent to deliver up to twice the lawful amount, so an unlicensed sale for money can be charged under MCL 333.7401(2)(d), a felony of up to 4, 7, or 15 years depending on weight or plant count. The Court of Appeals held in People v Soto (2024, published) that the act does not bar a felony charge for possession with intent to deliver more than twice the lawful amount.
Does a medical marijuana card protect me from a drug charge in Michigan?
It can, within limits. A patient or caregiver who holds a registry card is not subject to arrest, prosecution or penalty for medical use that follows the act, but only within the quantity limits in section 4 (for a patient, 2.5 ounces of usable marijuana and equivalents, plus up to 12 plants kept in an enclosed, locked facility when no caregiver grows for the patient). Separately, a patient or caregiver may assert the medical purpose as a defense to any prosecution involving marijuana, and the defense is presumed valid where a physician has stated the patient is likely to benefit, the quantity was no more than reasonably necessary, and the conduct was to treat the patient’s condition. It can also be raised in a motion to dismiss, which leads to an evidentiary hearing. Neither protection covers what section 7(b) says the act does not authorize, such as driving under the influence or smoking in a public place. The card and the physician’s statement are the key documents.
Can a first drug possession charge be dismissed in Michigan?
Possibly. Under MCL 333.7411, a person with no previous drug-law conviction who pleads guilty to or is found guilty of simple possession may, with the accused’s consent, have proceedings deferred and be placed on probation. The court decides whether to defer. If the terms are completed, the case is dismissed without a judgment of guilt, and this can be done only once. For immigration purposes, a plea can still count as a conviction (8 USC 1101(a)(48)(A)).
Related Michigan pages
- Grand Rapids criminal defense lawyer
- Grand Rapids drug charges lawyer
- Possession with intent to deliver
- Felony defense
- OWVI and drugged driving
- Juvenile defense
I defend people charged with marijuana offenses in Kent County and West Michigan. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
Big-Firm Power. Street-Level Grit.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.