Michigan
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Michigan?
- Adult-Use:
- Medical:
Cannabis in Michigan is legal for both medical and adult use.
Date of Legalization
- Adult-Use:
- Medical:
Michigan legalized cannabis for medical use in 2008 through the Michigan Compassionate Care Initiative. The state later legalized the adult use of cannabis in 2018 through the Regulation and Taxation of Marijuana Act.
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Possession Limits
Within Michigan’s adult use framework adults 21+ may possess up to 2.5 ounces of cannabis flower, or 15 grams of cannabis concentrate. Adults may possess up to 10 ounces of cannabis flower within their home and may grow up to 12 plants within their home. Within the medical framework patients may possess up to 2.5 ounces and up to 12 plants kept in a locked facility.
Other Licensing Provisions
License Caps
- License Caps:
Michigan’s adult use sector does not have licensing caps. The state allows for local jurisdictions to opt out of participating in the adult use sector, however, there is a medical carve out which allows adult use licenses to co-locate with preexisting medical licenses even in places where adult use is banned.
Application Selection Process
- Selection System:
Michigan distributes adult-use cannabis licenses based on merit.
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Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
- Exemption for Cannabis Offenses:
Michigan’s adult use framework disqualifies applicants for cannabis licensure on the basis of certain conviction. While Michigan applicants must disclose their criminal history to the state, a prior conviction solely for a marihuana-related offense must not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor.
Employee Criminal Records
- Conviction Restrictions for Employees:
- Exemption for Cannabis Offenses:
In Michigan’s adult use sector, past convictions can hinder an employee’s chances of working within the industry. Before hiring a prospective employee, an adult use cannabis license holder (employer) must conduct a background check of the prospective employee. If the background check indicates a pending charge or conviction within the past 10 years for a controlled substance-related felony, a licensee shall not hire the prospective employee without written permission of the Board. However, a prior conviction solely for a marihuana-related offense must not disqualify an individual, unless the offense involved distribution of a controlled substance to a minor.
Availability of Expungements
- Expungements:
Michigan offers record cleaning for eligible cannabis convictions however the process is not automatic. Individuals can ask the court to expunge certain felony convictions 7 years after sentence completion and certain misdemeanors after 5 years. Beginning in 2020 a person convicted of a misdemeanor marijuana offense, which is now legal, may apply to expunge the conviction immediately. (They do not have to wait the 5 year cleansing period) Beginning in 2023, under SB 4980 individuals convicted of certain misdemeanors may have their conviction automatically expunged after seven years. Individuals convicted of certain felonies may have their conviction automatically expunged after 10 years.
Social Equity
Social Equity Definition / Criteria
Michigan offers a Social Equity Program, which is designed to encourage participation in the marijuana industry by people who live in the 19 Michigan communities which have been disproportionately impacted by marijuana prohibition and enforcement.
To qualify for Michigan’s social equity program individuals must meet one of the following criteria
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Social Equity Provisions
The Michigan Marijuana Regulatory Agency (MRA) provides educational sessions regarding the Social Equity Program and the application and licensure process. The MRA’s social equity representatives will be available to assist individuals with completing the social equity application during the educational sessions.
The MRA’s social equity representatives will provide the following services:
The MRA will make resources available to disproportionately impacted communities and individuals who qualify for participation in the Social Equity Program.
The MRA has partnered with other State agencies who offer services that are relevant to individuals or businesses participating in the adult-use marijuana industry. These include, but are not limited to, the following:
The MRA has partnered with medical facility licensees and individuals from the private sector to provide educational presentations to – and act as resources for – applicants who qualify for the Social Equity Program. This includes, but is not limited to the following:
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License Priorities and Set Asides
Michigan does not offer social equity applicants licensing priority nor does the state reserve a specific percentage or type of license for social equity operators.
Fee Waivers and Reductions
Participating in the Social Equity Program allows qualifying applicants whose marijuana establishments will be located in disproportionately impacted communities to benefit from a reduction of up to 75% off the application fee, the initial license fee, and future renewal fees as follows:
Eligible social equity participants who plan to operate a marijuana establishment outside of a disproportionately impacted community will receive a fee reduction for only 2 years following adult-use licensure.
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Other Financial Support for Social Equity Applicants and Licensees
Michigan currently does not currently appropriate any specific funding to support its social equity program.