Michigan's Marijuana Laws: A Quick Overview

In November 2018, Michigan voters approved Proposal 1, making Michigan the first state in the Midwest to legalize marijuana for recreational use. This law allows adults 21 and older to possess and use marijuana for personal consumption. However, legalization does not mean marijuana can be used anywhere and anytime.

Here’s what the law allows:

• Possession of up to 2.5 ounces of marijuana in public and up to 10 ounces at home.
• Up to 12 marijuana plants can be grown per household for personal use.
• Sharing marijuana with other adults 21+ is legal, as long as no money is exchanged.

But there are significant restrictions when it comes to using marijuana in public spaces or at public events.

Is Marijuana Use Legal at Public Events?

The short and clear answer is: no. Public use of marijuana is still illegal in Michigan. This includes:

• Consuming (smoking, vaping, or edibles) in streets, parks, or sidewalks.
• Using marijuana inside sports arenas, festivals, and concerts – even if held outdoors.
• Consuming marijuana in any publicly accessible business or venue unless specifically licensed for consumption.

MRTMA explicitly prohibits consumption of marijuana "in a public place." Even though some cities may be more lenient than others in enforcement, state law is clear—and enforcement can happen at any time.

Festival Camping, Private Events, or Bars with Patios: Are These Gray Areas?

Some scenarios leave attendees wondering whether marijuana use is permitted. Let’s break down common situations:

Camping at Festivals

If a festival allows camping on private property, you may think it qualifies as "private use." However, if the event is open to the public, the grounds can still be considered "public" for enforcement purposes. Festival organizers can also set their own rules—even stricter than state law—and may ban marijuana entirely on-site.

Private Events with Tickets

Even if a marijuana-friendly event is held on private property, charging admission or allowing the public to attend generally makes it "public use." This distinction matters—it can bring enforcement even when organizers believe they are staying within the law.

Bars, Breweries, or Restaurants with Outdoor Areas

Michigan liquor license holders must follow strict rules, and marijuana use on their premises—indoor or outdoor—is prohibited. Allowing marijuana use could risk their license. So even if you're outside on a patio, it doesn’t make it legal.

Do Local Laws Change Anything?

Some Michigan cities have decriminalized marijuana possession or deprioritized its enforcement. For example, Ann Arbor has historically taken a more relaxed approach, and Detroit has hosted licensed marijuana events. However, decriminalization doesn’t mean full legalization of public use within city boundaries—it often just means reduced penalties or police prioritization.

Regardless of local decriminalization, state law still applies. If you’re unsure, it’s safest to assume that public use is illegal.

What Happens If You’re Caught Using Marijuana in Public?

Violating marijuana use laws can lead to tickets, fines, and even criminal charges in some cases. Here’s what you could face:

Civil Infraction

For a first offense, public use of marijuana is generally treated as a civil infraction:

• Fines up to $100
• Possible drug education course required

Criminal Charges

Repeated public use offenses, possession over legal limits, or use in restricted areas (like schools or correctional facilities) can lead to misdemeanor charges or worse:

• Misdemeanor charges with potential jail time
• Felony charges for possession with intent to distribute or involving minors
• Community service and probation

Depending on the location and who the arresting officer is (state trooper vs. local police), these penalties can vary. And yes, a criminal conviction stays on your record if not properly addressed.

What About Driving and Using Marijuana on the Way to the Event?

Driving under the influence of marijuana is strictly prohibited in Michigan. This includes:

• Driving while impaired by THC
• Having open marijuana containers in the car

If you're caught impaired, you can be charged with OWI (Operating While Intoxicated), just like alcohol. Michigan law enforcement now uses trained officers and, in some areas, roadside saliva tests to detect THC impairment.

Penalties for OWI with marijuana include:

• First offense: up to 93 days in jail, $500 fine, and 6-month license suspension
• Subsequent offenses carry harsher penalties, including mandatory jail time

Does Having a Medical Marijuana Card Protect You?

Not necessarily. While registered patients under the Michigan Medical Marijuana Program (MMMP) have protection for medical use, they are not exempt from public use laws.

Patients can carry more marijuana than recreational users and may have additional protections in some scenarios, but using it in public—especially via smoking or vaping—is still illegal.

What Should You Do If You’re Cited or Arrested?

If you’re cited for public marijuana use or charged with a marijuana crime, don’t brush it off as a small issue. A citation can spiral into a criminal record, especially if mishandled. Fighting the charge early is your best move, and it starts with getting the right advice.

Attorney Aaron J. Boria has successfully defended clients charged with marijuana-related offenses, from civil infractions to serious felony possession charges. We know the judges, the prosecutors, and how to get real results where it matters.

Call criminal defense lawyer Aaron J. Boria today at (734) 453-7806 for a free consultation. We're here to protect your record and your rights—and we'll fight like hell to do it.

Are There Any Legal Places to Consume Marijuana Socially?

The state has created a license system for marijuana "designated consumption establishments," which are essentially lounges where people can legally use marijuana on-site. As of now, adoption has been slow, but several places have opened up in cities like Hazel Park and Detroit.

If you're looking to legally enjoy marijuana in a social setting, make sure the place is licensed and operating under MRTMA rules. Just being on private property isn’t enough—it has to be approved for consumption.

Tips for Event Attendees: Staying Within the Law

• Leave your marijuana at home if you're unsure whether it's legal to bring it.
• Don’t light up in public, even in outdoor venues. Being outside doesn’t make it legal.
• Edibles aren't a loophole—they're also illegal to use in public spaces.
• Watch your car: Don’t have marijuana within easy reach, and never drive impaired.
• Check the rules ahead of time, especially for ticketed or special events.

Michigan’s marijuana laws are still evolving, and while attitudes have relaxed, enforcement remains in effect. Don’t let a good time turn into a legal problem.

Need Help with a Marijuana Charge in Michigan?

If you’ve been ticketed or charged with a marijuana-related offense, get experienced defense that knows how to win. At Boria Law, we’ve handled hundreds of drug cases, from low-level infractions to high-stakes felonies.

Call Aaron J. Boria at (734) 453-7806 for a free consultation. Don’t face the court system alone—put a proven criminal defense lawyer on your side.

Conclusion

While marijuana is legal in Michigan, that legality comes with critical boundaries. Public consumption, especially at events, can bring fines and even criminal charges if you’re not careful. From understanding the limits of local enforcement to navigating complex event rules, knowing your rights—and your risks—is essential before lighting up.

If you run into legal trouble, remember: a marijuana charge doesn’t have to ruin your record. With the right strategy, many cases can be resolved favorably or even dismissed.

Stay informed. Stay smart. And if needed, get the legal firepower you deserve.