Recreational Marijuana is Legal—But with Conditions

Since Michigan passed the Michigan Regulation and Taxation of Marihuana Act in 2018, adults aged 21 and over have been allowed to legally possess and use marijuana. But—and this is a big "but"—legal doesn’t mean anything goes. Despite the law, people are still being arrested and charged with marijuana-related crimes. The biggest issue? Assuming you're safe just because it's legal overall.

The key takeaway here is that while you can legally buy, possess, and consume marijuana, there are several restrictions still enforced under Michigan law. Violating any of them can result in charges ranging from civil infractions to felonies.

Using Marijuana in Public is Still Illegal

The most common mistake people make is assuming you can smoke or ingest marijuana anywhere. You can’t. Michigan law strictly prohibits the use of cannabis in public places. That means lighting up in your car, at a park, or even on the sidewalk can get you into trouble.

This includes concerts, beaches, festivals, and even the parking lot outside a dispensary. Michigan Compiled Law (MCL) 333.27954(1)(a) specifically states that use of marijuana is prohibited in a public place. Violation of this law is a civil infraction, punishable by a fine. But if there are aggravating factors, like minors present or involvement in operating a vehicle, the consequences can quickly escalate.

Driving Under the Influence of Marijuana is a Crime

Driving while high is treated similarly to driving drunk. If you’re operating a motor vehicle while under the influence of marijuana, you can be arrested and charged with Operating While Intoxicated (OWI).

OWI isn’t limited to alcohol; it also applies to drugs, including cannabis. Blood and urine tests can be used to determine whether you had active tetrahydrocannabinol (THC) in your system at the time you were driving. Here's the tricky part—unlike alcohol, there's no clear legal threshold for THC impairment, which means the case often comes down to officer observations, field sobriety tests, and toxicology reports.

First-time OWI for marijuana can carry the following penalties:

• Up to 93 days in jail
• Fines up to $500
• Suspension of your driver’s license
• Community service

If you've been caught high behind the wheel, it's essential to speak with a marijuana defense attorney right away.

Possession Limits Still Apply

Michigan law allows adults 21 and older to possess:

• Up to 2.5 ounces of marijuana on their person
• Up to 10 ounces stored at home
• Up to 12 marijuana plants for personal use (as long as they are not visible from a public place)

Anything above these limits is illegal and can lead to criminal charges. For example, possessing more than 2.5 ounces but less than 5 ounces outside of your home is a civil infraction with a $500 fine for a first offense. If you’re caught a second time, it becomes a misdemeanor, and you could face up to a year in jail.

Growing more than 12 plants or improperly storing marijuana can also result in felony charges depending on quantity and intent.

Gifting and Distribution Can Land You in Trouble

Many people are surprised to learn that freely giving marijuana to someone else outside the lawful limits can be prosecuted as distribution. Michigan allows you to transfer up to 2.5 ounces of marijuana to another adult for no compensation. But the second money changes hands—or even if there’s an inference of value exchanged—you may be charged with unlawful sale or intent to distribute, both of which can carry serious consequences.

Even sharing edibles or passing a joint at a party could be enough for prosecutors to pursue charges if it appears you were giving marijuana to a minor or to someone who then drove under the influence.

Unlicensed sales or manufacturing, especially in large quantities or in conjunction with other illegal activity, carry heavy penalties under Michigan law, including years in prison.

Federal Law Still Applies

Here’s another twist: While adult-use marijuana is legal in Michigan, it’s still illegal under federal law. Federal law classifies marijuana as a Schedule I controlled substance. Most of the time, federal prosecution is not prioritized for small-time users, but it can still be an issue if you’re caught on federal property like national parks, airports, or government buildings.

So, possession that’s legal downtown could get you arrested at a federal park in the same city. Additionally, being involved in marijuana-related activities could impact matters like immigration status, employment with federal agencies, or eligibility for certain benefits.

What Happens if You’re Caught Breaking the Rules?

Depending on exactly how the law was broken, penalties can range from minor fines to multiple years in prison. Here's a breakdown of what you could face:

• Public use: Civil infraction and a fine, escalating to misdemeanor for repeat offenses
• OWI (Marijuana): Misdemeanor, up to 93 days in jail, longer for second or third offense
• Possessing more than allowed: Civil infraction up to felony, depending on the amount and intent
• Unauthorized distribution: Felony, possible prison time and fines
• Possession on federal property: Federal misdemeanor or felony charges

Having a charge on your record—even from marijuana—can make life difficult. School, jobs, housing, and even travel plans can be affected. And if you’ve already got a record, a new charge can make things worse fast.

What if a Minor is Involved?

If you're caught giving marijuana to someone under 21, you’re looking at serious trouble. The state considers this a felony, punishable by up to 4 years in prison and a fine up to $2,000. Even if the minor was close to age 21, or the marijuana was gifted, the law draws a hard line when it comes to age.

Minors caught with marijuana face their own consequences, including community service, fines, drug education programs, and criminal records that may follow them into adulthood.

Why Spring Brings Increased Enforcement

As the weather warms up, police departments around Michigan often ramp up patrolling, especially in areas popular with young people or tourists. There’s also a spike in traffic enforcement, often tied to 4/20 celebrations, music festivals, and spring break gatherings.

Increased outdoor activity can lead to increased violations—many people step outside the bounds of the law without realizing it, especially when trying to enjoy themselves. But ignorance of the law is not a defense.

Charged with a Marijuana Offense? You Have Options

If you’ve been charged with a marijuana-related crime in Michigan, don’t panic—but do take it seriously. Contact a criminal defense lawyer as soon as possible. Whether it’s a first-time OWI charge, possession over the limit, or distribution accusation, a solid legal defense can mean the difference between jail time and walking away clean.

Every marijuana charge is different, and not all charges result in convictions. It's possible to fight these charges based on:

• Unlawful search or seizure
• Invalid traffic stop
• Lack of criminal intent
• Entrapment
• Medical marijuana exceptions

Don’t try to figure it out on your own.

Contact Boria Law today at (734) 453-7806 for a free consultation. We’ll walk through your case, assess your options, and build a defense plan tailored to your situation. With years of experience handling marijuana defense cases across Michigan, Aaron J. Boria knows how to fight back—and win.

The Bottom Line

Michigan may have legalized marijuana, but that doesn’t mean marijuana is free game. There are still plenty of ways to get yourself charged—and those charges can carry serious consequences. Public use, driving under the influence, having too much, or sharing marijuana with others outside of the law’s narrow guidelines can all result in criminal prosecution.

Whether you're heading to a spring festival, lighting up on your porch, or just driving home after using, it's your responsibility to know what the law allows.

And if you've already been caught, don’t wait—get legal help immediately. Call (734) 453-7806 to speak directly with criminal defense attorney Aaron J. Boria. Protect your rights, your future, and your freedom.

Enjoy the spring. Just make sure you know the rules—and what can happen if you break them.