Yes. Under Michigan marijuana laws, adults 21 and older can legally possess up to 2.5 ounces of cannabis in public, with no more than 15 grams of that as concentrate, keep up to 10 ounces at home and grow up to 12 plants per household. Adult-use sales happen at state-licensed retailers in towns that allow them, public consumption is not protected, and as of October 2026 a new 24% wholesale tax sits on top of the 10% retail excise tax and 6% sales tax.
Michigan voters legalized adult-use cannabis in 2018 through the Michigan Regulation and Taxation of Marihuana Act (MRTMA), which took effect on December 6, 2018. The statutes still spell it “marihuana.” This guide explains the rules for residents and visitors as of October 2026, with links to the law behind each rule. It is general information, not legal advice.
Michigan Cannabis Laws at a Glance
| Topic | The rule in Michigan | Source |
|---|---|---|
| Legal status | Legal for adults 21+ (adult use) and for registered medical patients | MRTMA, Initiated Law 1 of 2018 |
| Legal age | 21+ for adult use; registered patients 18+ (minors through a caregiver) | MCL 333.27955 |
| Possession limit | 2.5 oz, of which no more than 15 g may be concentrate; up to 10 oz at home (amounts over 2.5 oz must be locked up) | MCL 333.27955 |
| Home grow | Up to 12 plants per residence, out of public view, in a locked enclosed area | MCL 333.27955; MCL 333.27954 |
| Where to buy | State-licensed retailers, where the local municipality allows them; delivery is allowed under state rules | Cannabis Regulatory Agency |
| Public use | Not protected by the MRTMA, except in municipally approved consumption areas closed to under-21s | MCL 333.27954 |
| Driving | Driving under the influence of marijuana is illegal; the MRTMA gives no protection | MCL 257.625 |
| Taxes | 10% retail excise + 6% sales tax on adult-use sales; 24% wholesale tax since January 1, 2026 | MCL 333.27963; 2025 PA 23 |
| Medical program | Registry card, $40, valid two years; 2.5 oz and 12 plants per patient | MCL 333.26424 |
| Regulator | Cannabis Regulatory Agency (CRA) | michigan.gov/cra |
Is Marijuana Legal in Michigan?
Yes. The MRTMA, recorded as Initiated Law 1 of 2018, took effect on December 6, 2018, according to the Michigan Judicial Institute’s benchbook. It runs alongside the Michigan Medical Marihuana Act, and the MRTMA does not limit any right a patient has under the medical law (MCL 333.27954(2)).
The Cannabis Regulatory Agency licenses cannabis businesses. Cannabis remains illegal under federal law for adult use, which matters at airports, on federal land and at state lines. Our federal marijuana law guide covers the April 2026 rescheduling order and what it does and does not change.
How Much Cannabis Can You Possess in Michigan
Under MCL 333.27955, an adult 21 or older may:
- Possess, carry, buy and transport up to 2.5 ounces of cannabis, with no more than 15 grams of it in the form of concentrate.
- Keep up to 10 ounces at home, plus whatever the household’s own plants produce.
- Give away up to 2.5 ounces (no more than 15 grams of concentrate) to another adult 21 or older, as long as no money changes hands and the gift is not advertised or promoted to the public.
Anything over 2.5 ounces kept at a residence must be stored in a locked or otherwise secured container or area (MCL 333.27954). Licensed retailers may not sell more than 2.5 ounces, including no more than 15 grams of concentrate, to an adult in a single transaction.
Penalties for going over the limit
Most overages are civil infractions, not crimes. Under MCL 333.27965:
- Up to twice the legal amount: civil infraction with a fine of up to $500 for a first violation and up to $1,000 for a second, plus forfeiture. A third or later violation is a misdemeanor with a fine of up to $2,000.
- More than twice the legal amount: a misdemeanor. Jail is allowed only if the violation was habitual, willful and for a commercial purpose, or involved violence.
- Under 21: possessing up to 2.5 ounces or growing up to 12 plants is a civil infraction with a fine of up to $100 for a first violation and up to $500 for a second. Those under 18 also face drug education or counseling.
Where You Can and Cannot Use Cannabis in Michigan
The MRTMA protects private use. It specifically does not authorize the following, under MCL 333.27954:
- Consuming cannabis in a public place
- Smoking cannabis where the property owner, occupant or manager prohibits it
- Consuming cannabis while driving, or smoking it in the passenger area of a vehicle on a public way
- Possessing or consuming cannabis on the grounds of a preschool or K-12 school, or on a school bus
- Possessing or consuming cannabis on the grounds of a correctional facility
Property owners may ban or regulate cannabis use, but a lease cannot stop a tenant from possessing cannabis or consuming it by means other than smoking.
The one public-facing option is a municipal consumption area. Under MCL 333.27956, a city or township may authorize consumption at designated areas that are closed to anyone under 21, or at special events in limited areas for a limited time. Few do, so check with the city first.
Buying Cannabis in Michigan: Retailers, ID and Delivery
- Local choice: Each municipality can ban cannabis businesses entirely or cap their number, and voters can petition to put that question on the ballot (MCL 333.27956). A municipality may not, however, restrict transporting cannabis through its borders.
- ID: Retailers must verify that each buyer is 21 or older with a valid government-issued photo ID. Michigan’s adult-use law has no residency requirement, so visitors 21 and older can buy.
- Purchase limit: 2.5 ounces per transaction, of which no more than 15 grams may be concentrate.
- Delivery: Licensed retailers may deliver. Under the CRA’s delivery requirements checklist, each delivery is capped at the single-transaction limit, and drivers must check ID at the door.
Michigan Medical Marijuana Program
The Michigan Medical Marihuana Act, run by the CRA, still matters for patients who want caregiver help or access before age 21. Federal prosecutors did not always respect it in the early years: in U.S. v. Duval, a Michigan patient got 10 years in federal prison despite following the state law.
- Card: Patients need a physician certification and a registry identification card. The CRA lists the application fee as $40, and a patient card is valid for two years. Paper applications require proof of Michigan residency. Minors can qualify through a separate minor-patient application.
- Limits: A registered patient may possess 2.5 ounces of usable marijuana; for infused products, 16 ounces of solid, 36 fluid ounces of liquid or 7 grams of gaseous product count as 1 ounce (MCL 333.26424).
- Growing: A patient with no caregiver growing for them may keep 12 plants in an enclosed, locked facility.
- Caregivers: A registered primary caregiver may hold 2.5 ounces and grow 12 plants for each connected patient who has authorized the caregiver to cultivate.
- Visiting patients: Under the same statute, an out-of-state registry card has the same effect as a Michigan card for the protections of the medical act.
A patient or caregiver who sells to someone not allowed medical use commits a felony punishable by up to 2 years and a $2,000 fine.
Growing Cannabis at Home in Michigan
Adults 21 and older may grow up to 12 plants for personal use, and no more than 12 plants may be on the premises at once (MCL 333.27955). The 12-plant cap is per residence, not per person, so two adults in one house still share 12.
The plants must not be visible from a public place without binoculars or other optical aids, and they must be grown in an enclosed area with working locks or other security devices (MCL 333.27954).
Driving and Cannabis in Michigan
The MRTMA does not allow anyone to drive a car, boat, snowmobile, off-road vehicle or aircraft while under the influence of marijuana, and Michigan courts have said the act was not meant to override the Vehicle Code. Operating while intoxicated is a crime under MCL 257.625. The statute sets no nanogram THC limit. A separate subsection bans driving with any amount of a Schedule 1 substance in the body; how it applies to cannabis depends on case law, so talk to a lawyer if charged.
Crossing State Lines, Airports and Federal Land
- To Ohio: Ohio has adult-use cannabis, but carrying it across the state line is still illegal under federal law. See the Ohio marijuana laws guide.
- To Indiana and Wisconsin: Neither state allows adult-use cannabis, and possession is a crime there. Read the Wisconsin guide before you travel.
- To Canada: Taking cannabis across the border in either direction is illegal, even though Canada has legalized it.
- Flying: The TSA follows federal law and refers cannabis found at screening to local police. Carrying cannabis on a flight is illegal under federal law.
- Federal land: Cannabis is illegal in national parks and lakeshores, national forests and on military bases.
Michigan Cannabis Taxes in 2026
Adult-use purchases now carry three layers of tax:
- a 10% excise tax on the retail sales price, set by the MRTMA in MCL 333.27963;
- the 6% state sales tax; and
- since January 1, 2026, a 24% wholesale excise tax under the Comprehensive Road Funding Tax Act, 2025 Public Act 23 (House Bill 4951), signed on October 7, 2025.
The wholesale tax is paid by businesses on marijuana sold or transferred to adult-use retailers, including transfers from medical provisioning centers to adult-use retailers; it does not apply to medical sales to registered patients, and it funds roads. Retailers can pass it along in shelf prices.
The tax is being challenged in court. In December 2025 the Court of Claims refused to block it, and it took effect as scheduled. The industry’s lawsuit was allowed to continue, and as of October 2026 the tax remains in effect while that litigation is pending.
Expungement of Old Marijuana Convictions
Anyone with a misdemeanor marijuana conviction for conduct that would not be a crime after December 6, 2018 can apply to have it set aside under MCL 780.621e. The law presumes the conviction qualifies, and if the prosecutor does not object within 60 days, the court must grant it.
Delta-8, THCA and Hemp Products in Michigan
Michigan regulates intoxicating hemp products through its marijuana law. The MRTMA defines THC to include any tetrahydrocannabinol “regardless of whether it is artificially or naturally derived,” along with its isomers, and treats a product with more than 0.3% THC as marijuana (MCL 333.27953). Those definitions were added in 2021 (HB 4517, Public Act 56 of 2021). In practice, that puts delta-8 and similar products under the CRA’s licensing system.
Federal law is tightening too. A November 2025 law caps hemp products at 0.4 mg total THC per container and excludes synthesized cannabinoids such as delta-8 made from CBD. Products with cannabinoids the plant cannot naturally produce, such as THC-O, lose hemp status November 12, 2026; the rest, including the delta-8 exclusion, takes effect December 11, 2026.
What Changed in Michigan Cannabis Law Recently
- Wholesale tax (2026): The 24% wholesale tax took effect January 1, 2026; court challenges are pending. Read more: How Much Does Weed Cost? Why Cannabis Prices Differ So Much From State to State in 2026.
- Federal rescheduling (2026): In April 2026 the Justice Department moved marijuana held under a state medical marijuana license to Schedule III. Adult-use cannabis remains in Schedule I while a broader DEA proceeding is on hold.
From the editor, James Buddsey: Michigan’s limits are generous, but “legal” still depends on where you stand. A town can ban stores, a landlord can ban smoking, and across the Indiana or Wisconsin line the same bag becomes a crime.
Michigan Marijuana Laws FAQ
Is weed legal in Michigan?
Yes. Adults 21 and older can possess up to 2.5 ounces, including no more than 15 grams of concentrate, keep up to 10 ounces at home and grow up to 12 plants per household under MCL 333.27955.
How much weed can you carry in Michigan?
Up to 2.5 ounces, no more than 15 grams of it concentrate. Up to twice that is a civil infraction, with a fine of up to $500 for a first offense.
Can tourists buy weed in Michigan?
Yes. Any adult 21 or older with a valid government photo ID can buy up to 2.5 ounces per transaction. Residency is not required.
Can you grow weed in Michigan?
Yes. Adults 21 and older may grow up to 12 plants per residence, out of public view and in a locked, enclosed area.
Can you smoke weed in public in Michigan?
No. The MRTMA does not protect public consumption, except in a municipally approved 21+ consumption area or event.
Is delta-8 legal in Michigan?
Michigan defines THC to include artificially derived THC and its isomers, so intoxicating hemp products fall under the Cannabis Regulatory Agency. New federal hemp limits start in November and December 2026.
What are the cannabis taxes in Michigan?
A 10% excise tax and 6% sales tax at the register, plus a 24% wholesale tax on businesses since January 1, 2026.
More State Cannabis Law Guides
Compare Michigan with its neighbors in our guides to Ohio, Wisconsin, Illinois and Minnesota, or browse every state cannabis law guide. For rescheduling and hemp, see our federal marijuana law guide.
Neighboring state guides: Ohio · Indiana · Wisconsin · Illinois · All state cannabis laws
General information about Michigan cannabis law as of October 2026, not legal advice.