Recreational Cannabis Sales in Michigan – FAQ

Recreational Cannabis Sales in Michigan – FAQ

Now that recreational sales are finally kicking off in Lansing, we thought we’d offer a quick FAQ about purchasing and using recreational cannabis to help clear up any questions people may have.

If you would like to read further, all of this information is included (in much more confusing language) in the Michigan Medical Marihuana Act of 2008, and the Michigan Regulation and Taxation of Marihuana Act of 2018.  NORML also has a breakdown of Michigan’s laws and penalties here. If you have further questions, let us know and we’ll work on getting an update or a round 2 for you!

Q: What are the differences between recreational and medical marijuana sales? 

  1. Recreational sales have an additional 10% excise tax in addition to the 6% state sales tax. 
  2. Recreational edibles have a maximum dosage of 10mg per serving and 100 mg per package. Medical edibles may have a dosage of up to 50mg per serving and 200mg per package. 
  3. Similarly, recreational capsules and tinctures have a maximum dosage of 10mg per serving and 100mg per package, while the medical dosage is up to 100 mg per serving and 2000mg per package.
  4. Medical marijuana patients are also allowed access to marijuana-infused suppositories, tampons, and transdermal patches, which are not regulated for recreational use.

Q: Who can purchase recreational?

A:  For medical marijuana you must have a state-issued med card and a valid government-issued ID. Recreational is more straight-forward: You must be 21 years old with a valid driver’s license or ID to purchase. 

Q: How much can you buy? 

A: You are allowed to purchase and travel with up to 2.5 ounces of “usable marijuana” at a time — up to 15 grams of that can be in the form of concentrates. Recreational use allows for an adult over the age of 21 to possess up to 10oz of marijuana in their home. You may also grow up to 12 plants in your home, other lockable grow house, or garage on your property as long as it is not visible – community gardening is not allowed. You can’t resell marijuana you have purchased to anyone else, but you can gift up to 2.5oz of marijuana to anyone over 21 years old. (Keep in mind that you can’t mail marijuana to anyone because the post office is a federally run service.)

Q: Can I use a credit or debit card as payment?

A: Because marijuana is still federally illegal, most banks won’t do business with the marijuana industry, meaning most provisioning centers still operate via cash only, though some centers have ATMs onsite. The SAFE Banking bill currently working its way through the government is landmark legislation that would allow banks to legally do business with the marijuana industry. 

The laws are not always straight forward, since cannabis is still federally illegal.

Q: Where can I consume marijuana?

A: It’s still illegal to smoke marijuana in public – consumption is limited to private settings. Possession is illegal on school property and on lands owned by the federal government, including national parks. It is also illegal to consume marijuana in a vehicle. Michigan has allowed for “consumption establishment” licenses, that would allow for social use businesses, but none are up and running yet. (Side note, it is illegal to smoke anything, including cigarettes, on the grounds of a provisioning center.)

Q: Can I lose my job if I use recreational marijuana? 

A: Yes, this holds for both recreational and medical marijuana, because federal law still prohibits the use of marijuana. Also, Michigan is an at-will employment state, which means that your employer may fire you at any time for any reason, so be sure you know your employer’s rules regarding drug use and drug testing. 

Q: Can I lose my housing if I use recreational marijuana?

A: State law says that it’s illegal to smoke marijuana in a public apartment complex. Your landlord may also choose to make smoking illegal in a home you rent, so check your lease, however, non-smoking consumption such as edibles are always permitted.

Q: Can marijuana use affect my parental custody? 

A: This is still a largely uncharted area. Parental custody is addressed in Michigan’s Medical Marihuana Act regarding reasonable medical use: “A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.” The recreational use act uses very similar language regarding custody. Whether there is an unreasonable danger will be determined by the court, so in all cases, proceed with the same common sense you would regarding alcohol and prescription medications: Do not consume around children, never consume before driving with a child, and keep all substances securely locked away.