The Changing Status of Marijuana
Marijuana laws in Michigan underwent some drastic changes toward the end of 2018. Michigan Proposal 18-1 was passed by voters on November 6, 2018 and took effect on December 6, 2018. This proposal amended many of Michigan’s current laws relating to the possession and use of marijuana. These changes, their exceptions, and new rights and responsibilities are discussed in this legal update.
So, what changed?
The new law allows for individuals over the age of 21 to possess and use marijuana and marijuana-infused edibles. It also allows growing up to 12 plants and possession of up to 10 ounces of marijuana at one’s residence. The law also establishes a licensing system of businesses to sell marijuana products and allows local municipalities to ban or restrict the sale in their jurisdiction. The ballot proposal also changed many crimes to civil infractions. In short, a lot has changed with the adoption of proposal 18-1.
While possession and use of recreational marijuana is now legal, there are several ways to run afoul of the new laws. Some of the more common ones would be possession or use by someone under 21, transferring marijuana to someone under 21, having possession of more than the legal limits, or not properly securing marijuana in one’s residence or vehicle. The new laws also do not allow for possession on public or private K-12 schools, smoking marijuana in public places, or smoking marijuana in the passenger area of a vehicle that is on a public road. A housing provider may also restrict smoking, cultivating, processing, sale, or display of marijuana on or in their property.
It is important to note that this proposal does not make it legal to operate a vehicle after the consumption of marijuana. A first offense for operating with the presence of drugs (OWPD) is a misdemeanor with a maximum of 93 days in jail, a fine of up to $500, up to 360 hours of community service, vehicle seizure or immobilization, a suspended or restricted driver’s license, and 6 points on your driver’s license. This is in addition to any additional court fees, probation costs, and increases to insurance cost.
Specific rules for Campus
With recreational marijuana dispensaries likely opening in 2020, many students are wondering what this means for bringing and/or using marijuana on campus. The answer to this is simple, you cannot bring or use marijuana on Campus. Students, employees, and visitors may not use or possess marijuana on any MSU-governed property. This is because of federal laws still classifying marijuana as illegal, including the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989. MSU also has a policy against smoking on campus, be it tobacco or marijuana. MSU has prepared a full FAQ on the changes, but it should be clear that marijuana is not permitted on the campus.
With the laws relating to marijuana changing as rapidly as they are, if you are charged with a drug related crime, it is advised that you contact an experienced attorney as soon as possible. Students should contact our office to schedule an appointment to speak with one of our attorneys regarding the specifics of your case.
So, what changed?
The new law allows for individuals over the age of 21 to possess and use marijuana and marijuana-infused edibles. It also allows growing up to 12 plants and possession of up to 10 ounces of marijuana at one’s residence. The law also establishes a licensing system of businesses to sell marijuana products and allows local municipalities to ban or restrict the sale in their jurisdiction. The ballot proposal also changed many crimes to civil infractions. In short, a lot has changed with the adoption of proposal 18-1.
While possession and use of recreational marijuana is now legal, there are several ways to run afoul of the new laws. Some of the more common ones would be possession or use by someone under 21, transferring marijuana to someone under 21, having possession of more than the legal limits, or not properly securing marijuana in one’s residence or vehicle. The new laws also do not allow for possession on public or private K-12 schools, smoking marijuana in public places, or smoking marijuana in the passenger area of a vehicle that is on a public road. A housing provider may also restrict smoking, cultivating, processing, sale, or display of marijuana on or in their property.
It is important to note that this proposal does not make it legal to operate a vehicle after the consumption of marijuana. A first offense for operating with the presence of drugs (OWPD) is a misdemeanor with a maximum of 93 days in jail, a fine of up to $500, up to 360 hours of community service, vehicle seizure or immobilization, a suspended or restricted driver’s license, and 6 points on your driver’s license. This is in addition to any additional court fees, probation costs, and increases to insurance cost.
Specific rules for Campus
With recreational marijuana dispensaries likely opening in 2020, many students are wondering what this means for bringing and/or using marijuana on campus. The answer to this is simple, you cannot bring or use marijuana on Campus. Students, employees, and visitors may not use or possess marijuana on any MSU-governed property. This is because of federal laws still classifying marijuana as illegal, including the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989. MSU also has a policy against smoking on campus, be it tobacco or marijuana. MSU has prepared a full FAQ on the changes, but it should be clear that marijuana is not permitted on the campus.
With the laws relating to marijuana changing as rapidly as they are, if you are charged with a drug related crime, it is advised that you contact an experienced attorney as soon as possible. Students should contact our office to schedule an appointment to speak with one of our attorneys regarding the specifics of your case.