Overview of Michigan Marijuana Laws

In 2018, Michigan voters approved Proposal 1, making Michigan the first Midwest state to legalize the adult use of marijuana. Under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), adults 21 and older can:

• Possess up to 2.5 ounces of marijuana on their person.
• Hold up to 10 ounces in their residence.
• Grow up to 12 marijuana plants per household.

However, while possession is legal under state law, where and how marijuana is consumed remains heavily regulated. And this is where people run into trouble—especially in public spaces like Kellogg Park in Plymouth or Hines Park in Wayne County.

Is Smoking Marijuana Allowed in Public Parks in Michigan?

While you are allowed to consume marijuana on private property, it is illegal under MRTMA to consume marijuana in public places. Section 4.1 of MRTMA states:

“This act does not permit consumption of marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property.”

So what does “public place” mean? A public place is generally defined as an area which is accessible to the general public—parks, city streets, sidewalks, schools, government buildings, and public transportation. That means consuming cannabis at a concert in Kellogg Park or Hines Park is considered public consumption and is prohibited under Michigan law.

What Do Local Ordinances Say About Marijuana Use?

Kellogg Park – City of Plymouth

Kellogg Park is managed by the City of Plymouth. The city follows MRTMA and has added its own municipal code prohibiting marijuana smoking in public areas. In fact, local police regularly patrol downtown events, especially during concerts and festivals, and are quick to issue citations when they spot marijuana use.

Hines Park – Wayne County Parks

Hines Park is governed by Wayne County, which follows Michigan state law. Signs are prominently displayed throughout the park prohibiting the use of marijuana and other substances. While you may smell it during some of the more lively events, make no mistake—you can still be cited or even arrested, especially if minors are present or you're causing a public nuisance.

Just because someone else is doing it doesn’t mean it’s legal. And in many cases, it's not the marijuana itself that's causing the issue—it's the timing, the location, and how obvious the usage is in public areas.

What Happens If You Get Caught Smoking Marijuana in Public in Michigan?

If you're caught smoking marijuana in public—let’s say you light up during a summer concert in Hines Park—you could face a civil infraction or a misdemeanor, depending on the circumstances. Here’s a breakdown of what might happen:

• Civil Infraction: For a first offense of public consumption, you may receive a fine of up to $100 and be required to perform community service (up to 16 hours).
• Misdemeanor Charges: If you are a repeat offender, consuming in front of minors, or disrupting a public event, charges may become more serious. Misdemeanor charges carry up to 90 days in jail and higher fines.
• Possession in Prohibited Areas: Carrying more than the legal limit or smoking within a park zone that has specific posted prohibitions can increase the potential penalties.

Even if jail isn’t immediately on the table, a citation or marijuana-related conviction can tarnish your record. It could affect your job, your ability to travel, and your eligibility for certain professional licenses—even long after the concert is over.

Can Event Organizers Allow Marijuana at Private Concerts?

In some cases, concert organizers may host cannabis-friendly private events. These are rare, but they do exist. However, they require special licenses and careful adherence to Michigan's cannabis event laws.

In order to legally allow marijuana at a concert or festival, the organizer must secure a Temporary Marijuana Event License through the Michigan Cannabis Regulatory Agency (CRA). These events are typically held on private property, where adult-use recreational cannabis consumption is allowed with restrictions. You’re not going to see these at Kellogg Park or Hines Park, both of which are public lands.

Rules for temporary marijuana events include:

• Restricted to attendees 21 and older.
• Only licensed marijuana vendors can distribute products on site.
• No alcohol may be served at the same event where marijuana is consumed.
• Clear signage and safety measures must be in place.

Unless an event is heavily advertised as being compliant with Michigan's special event marijuana laws—and held on private property—you should assume marijuana consumption is prohibited at public concerts and festivals in Michigan.

Is Consuming Edibles in Public Legal?

This is where we get a little into the gray area. Michigan law specifically prohibits “smoking marijuana” in public places. It does not clearly outlaw consuming all marijuana products—the law is less clear when it comes to things like edibles or tinctures. That said, if your behavior becomes a public disturbance due to being intoxicated from cannabis, you can still be cited or arrested.

Here's what you should know:

• Discreet Consumption: Using gummies at a concert may be less likely to draw legal attention. However, it’s still risky.
• Police Discretion: If you're visibly high, causing a disturbance, or law enforcement believes you're contributing to a disorderly environment, you can still be cited—even if you’re not actively smoking.

When in public, it’s always best to err on the side of caution. Just because the law doesn’t mention a specific form of consumption doesn’t mean you’re in the clear.

Minors, Marijuana, and Public Consumption

At most public events like Kellogg Park's summer series or community festivals in Hines Park, minors are often present. Smoking weed—even if you're of legal age—can expose you to greater penalties in these settings.

If you are caught consuming marijuana in proximity to minors, the charges can escalate:

• Contributing to the Delinquency of a Minor: You could face additional legal consequences if police determine that minors were present during your use and were negatively affected by exposure.
• Possession by Minors: Youths under 21 caught with marijuana are subject to fines, mandatory drug education, and community service. A juvenile record can have lasting effects.

In short, public parks and concerts where children are around are not the places to risk cannabis use, even if you think it’s minor or harmless.

What to Do If You've Been Cited or Arrested

If you've been cited or arrested for marijuana use in public—whether in Hines Park, Kellogg Park, or elsewhere—don’t panic. You still have rights, and in many cases, a qualified criminal defense attorney can help you minimize the damage or even get charges dismissed.

Every case is different, but at Boria Law, we’ve helped clients all over Michigan who’ve found themselves facing marijuana-related charges. Whether this is your first time or you’ve had prior run-ins with the law, we’re here to help.

Contact criminal defense lawyer Aaron J. Boria today at (734) 453-7806 for a free consultation. Let us guide you through the legal process, protect your rights, and work toward the best possible outcome. We’ve successfully defended cases in Wayne County, Washtenaw County, and across Southeast Michigan.

Conclusion

Just because recreational marijuana is legal in Michigan doesn't mean you can light up anywhere. Public consumption—like at concerts in Kellogg Park or Hines Park—is still against the law, and getting caught can result in fines, citations, and even criminal charges depending on your circumstances.

Be smart. Know the laws. And when in doubt, keep your cannabis use to the privacy of your home or at licensed cannabis-friendly venues. When your freedom, job, or record is on the line, risking a public consumption citation isn't worth the headache.

If you’ve been charged or cited for marijuana use in a public space, call Boria Law today at (734) 453-7806. We’ll review your case, help you understand your rights, and build a strategy tailored to your specific situation.

Stay informed, stay legal, and protect your future.