Is It Illegal To Sell Weed Seeds

Michigan Laws and Penalties Under Michigan law marijuana is listed as a Schedule I controlled substance. An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be Cannabis Control Division Frequently Asked Questions As of January 1, 2022, medical and adult use marijuana is legal to purchase in the state of Montana by individuals 21 and over. Is The historic legalization measure includes a social justice plan to give a piece of the action to groups targeted by drug wars. Here’s everything you need to know — including when you’ll be able to legally buy weed.

Michigan Laws and Penalties

Under Michigan law marijuana is listed as a Schedule I controlled substance.

An adult may possess up to 2.5 ounces of marijuana; up to 15 grams of marijuana may be marijuana concentrate.

Within a residence, an adult may possess up to 10 ounces of marijuana and any marijuana produced by marijuana cultivated on the premises.

An adult who possesses more than 2.5 ounces of marijuana within a residence must store the excess amount in a secure container. Possession of more than 2.5 ounces of marijuana and up to 5.0 ounces of marijuana is a civil infraction punishable by a maximum fine of $500 and forfeiture of the marijuana for a first offense.

Possession of more than 5.0 ounces of marijuana is a misdemeanor. No term of imprisonment will be imposed unless the possession involved violence or was “habitual, willful and for a commercial purpose.”

Possession in or within 1,000 feet of a park is either a felony or a misdemeanor, based on the judge’s discretion, and is punishable by a maximum of 2 years imprisonment and a maximum fine of $2,000.

  • Michigan Code Section 333.7212 Web Search
  • Michigan Code Section 333.27955, Sec. 5.1 (a) Web Search
  • Michigan Code Section 333.27955, No. 1, Sec. 5.1 (b) Web Search
  • Michigan Code Section 333.2754, No. 1, Sec. 4.1 (i) Web Search
  • Michigan Code Section 333.27965, Sec 15.2(a) Web Search
  • Michigan Code Section 333.27955, No. 1, Sec 15.4 Web Search
  • Michigan Code Section 333.7410a Web Search
  • Michigan Code Section 333.7411 Web Search
Sale or Distribution

An adult may transfer up to 2.5 ounces of marijuana to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public. Distribution of less than 5 ounces without remuneration is a civil infraction with no incarceration possible and a maximum $500 fine.

The sale of less than 5 kilograms is a felony punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $20,000.

The sale of 5 kilograms – 45 kilograms is a felony, which is punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $500,000.

The sale of 45 kilograms or more is a felony, which is punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000,000.

  • Michigan Code Section 333.27955, Sec. 5.1 (d) Web Search
  • Michigan Code Section 333.7401(2)(d) Web Search
  • Michigan Code Section 333.7410 Web Search
Cultivation

An adult may grow up to 12 marijuana plants at the adult’s residence for personal use.

An adult may not grow marijuana plants “if the plants are visible from a public place” or if the plants are growing outside of a secure area. A violation of this section is punishable as a civil offense with a fine not to exceed $100 and forfeiture of the marijuana.

The cultivation of up to 24 plants for personal use is a civil infraction with no incarceration and maximum $500 fine.

The cultivation of 25 – 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”

The cultivation of more than 200 plants for personal use is a misdemeanor. A term of imprisonment may be imposed if “the violation was habitual, willfull, and for a commercial purpose or the violation involved violence.”

  • Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
  • Michigan Code Section 333.27954, Sec. 4.1 (f) Web Search
  • Michigan Code Section 333.27965, Sec. 15.1 Web Search
  • Michigan Code Section 333.7401 Web Search
Hash & Concentrates

In Michigan, marijuana and hashish are punished in the same manner. The statutory definition of “marihuana” includes “all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.” Hashish, hashish oil, and extracts clearly fall under this definition. Please see the marijuana penalties section for further details on Michigan’s criminal sanction on cannabis.

An adult may possess up to 15 grams of marijuana concentrate.

An adult may transfer up to 15 grams of marijuana concentrate to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public.

  • Michigan Code § 333.7106 Web Search
  • People v. Campbell, 72 Mich App. 411 249 N.W.2d 870 (1977). Web Search
  • Michigan Code Section 333.27955, Sec. 5.1(a) Web Search
  • Michigan Code Section 333.27955, Sec. 5.1(b) Web Search
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Paraphernalia

An adult may buy and use marijuana paraphernalia and may sell marijuana paraphernalia to another adult..

  • Michigan Code Section 333.27955, Sec. 5.2 Web Search
Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

  • Michigan Code § 257.319e Web Search
Ann Arbor

In Ann Arbor, the penalty for being caught with marijuana is a $25 fine for the first offense, $50 for the second, and $100 for the third offense. Marijuana is not decriminalized on the University of Michigan’s campus.

More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

EXPUNGEMENT

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.

Legalization

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

LOCAL DECRIMINALIZATION

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Cannabis Control Division Frequently Asked Questions

As of January 1, 2022, medical and adult use marijuana is legal to purchase in the state of Montana by individuals 21 and over.

Is adult-use marijuana possession and use legal in Montana?

As of January 1, 2021, adults 21 and over may possess and use up to one ounce of marijuana with no criminal penalties.

However, marijuana consumption and possession (including medical marijuana) remains prohibited in public and certain other locations. It is also prohibited under federal law on all federal lands and waters.

Marijuana (except medical marijuana) is prohibited in hospitals and other health care facilities.

Operating a motor vehicle under the influence of marijuana remains illegal.

Contact your local law enforcement agency for more information.

When did adult-use marijuana sales begin in Montana?

As of January 1, 2022, previously licensed medical marijuana license holders are now allowed to sell to adult-use consumers.

means license holders in “green” counties who were licensed on or before November 3, 2020, or who had a pending application on or before November 3, 2020.

Is it legal for individuals in Montana to grow their own marijuana?

Adults may cultivate up to two mature marijuana plants and two seedlings for private use in a private residence, subject to certain restrictions. (Medical marijuana cardholders may cultivate up to four mature plants and four seedlings). The plants may not be visible to the public.

Is growing hemp permitted in Montana?

Yes. Hemp growers are licensed by the Montana Department of Agriculture.

Cannabis Sales and Licensing FAQ

Is adult-use marijuana available for sale in all Montana counties?

No. In “green” counties, where the majority of voters supported Initiative 190 in November 2020, adult-use sales began in January 2022.

In “red” counties, where the majority of voters opposed Initiative 190, adult-use marijuana sales are prohibited.

What types of adult-use marijuana licenses are available?

In addition to continuing the Montana Medical Marijuana Program, the Department of Revenue issues separate licenses for marijuana cultivators, manufacturers, dispensaries, transporters, and testing laboratories.

The Department offers 13 different cultivation or “canopy” licenses for cultivation facilities of different sizes.

A worker permit is required for any employee participating in any part of a marijuana business.

Can anyone apply for a license to grow or sell recreational marijuana, or manufacture recreational marijuana products?

No. From January 1, 2022, until July 1, 2023, only Montana medical marijuana licensees who were licensed on November 3, 2020 (or had an application pending with DPHHS on that date) may be issued a license for cultivation, manufacture, or sale of adult-use marijuana.

Will there be limits on the THC content in adult-use marijuana products?

When licensees are able to operate, edible adult-use marijuana products may contain up to 10 mg of THC per serving, and up to 100 mg of THC in an entire package.

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The total psychoactive THC of marijuana flower may not exceed 35%.

Topical products may contain no more than 6% THC and no more than 800 mg of THC per package.

A marijuana product sold as a capsule, transdermal patch or suppository, may contain more than 100 mg of THC, and no more than 800 mg of THC in an entire package.

These limits do not apply to sales by licensed medical marijuana providers to medical marijuana cardholders.

Are medical marijuana and adult-use marijuana available at the same business?

Yes. A licensed medical marijuana dispensary licensed on or before November 3, 2020, may sell adult-use marijuana in the same location as medical marijuana.

Are there adult-use marijuana licenses available for tribes?

Yes. The Department of Revenue may issue a total of eight Combined-Used Licenses – one to each of the federally recognized Native American tribes located in Montana, or to a business entity that is majority-owned by a federally recognized tribe located in Montana. Combined Use Licenses consist one of tier one canopy license and one dispensary license that must be located at the same licensed premise.

Combined Use licensees must operate in a “green county” and within 150 air miles of the exterior boundaries of the reservation, or, for the Little Shell Chippewa tribe, within 150 air miles of the tribal services area. For more information on Combined Use Licenses, see 16-12-225, MCA and ARM 42.39.415.

How can I get more information on licensing for adult-use marijuana cultivation, sales, transportation, manufacture, or laboratory testing?

The Department of Revenue is currently evaluating what rules and processes are necessary about these topics.

Will marijuana licensees be permitted to sell their licenses the way alcohol licensees may sell their licenses to buyers approved by the Department?

No. The marijuana licenses may not be transferred.

Will a cannabis provider need an Alternative Nicotine or Vapor Products License?

You must have an Alternative Nicotine or Vapor Products Retail license if you sell alternative nicotine or related products, including:

  • E-cigarettes
  • Vapor Devices or Mods
  • Accessories
  • Liquid or e-juice

The license has a $20 annual fee. You may apply for a new license or renew an existing license using the eStop Business Licenses Service.

You need an alternative nicotine license even if you have a tobacco retailer license.

Who do I contact for additional information about applying for or managing an Alternative Nicotine or Vapor Products Retail License?

If you have questions or concerns about any Tobacco Product License or Alternative Nicotine or Vapor Product License, please call (406) 444-4351 or email [email protected]

How New York’s New Marijuana Law Plants Seeds of Fairness

Hundreds of people packed into Union Square for a rally advocating the legalization of recreational marijuana use on May 4, 2019.

Ben Fractenberg/THE CITY

Gov. Andrew Cuomo on Wednesday signed a law legalizing recreational marijuana in New York — baking in an ambitious social justice plan to give populations targeted by never-ending drug wars a piece of the potentially lucrative action.

The historic law, the culmination of drawn-out, fierce negotiations in Albany, will allow people to possess up to three ounces of pot and grow a limited amount of cannabis at home. The measure also will expunge the convictions of people whose offenses wouldn’t have been crimes under the new law.

But the law’s centerpiece is a set of social equity provisions that should pour 40% of tax revenues from legal weed sales into communities long-devastated by over-policing and offer marijuana business opportunities to traditionally underrepresented groups.

New York, which became the 15th state to fully legalize recreational marijuana, hopes to succeed where some others have failed in bringing fairness to the industry — even as a new Office of Cannabis Management and a Cannabis Control Board carries a whiff of bureaucracy.

Here’s a guide to the law’s attempt at equity:

Who Qualifies as a ‘Social Equity Applicant’?

The Marijuana Regulation and Taxation Act (MRTA) sets a goal of giving half of all sales licenses to those who qualify as “social equity applicants.”

  • Women-owned businesses
  • Businesses owned by people of color
  • Minority or Women Owned Business Enterprises, defined as a business in which women and/or people of color own at least 51% of the company
  • Small farm operators in financial hardship or farms operated by someone in an underrepresented demographic
  • Service-disabled veterans
  • People from areas negatively affected by past cannabis prohibition

Applicants who fit one or more of those categories will be given additional priority if they:

  • Make 80% or less of their county’s median income. In the case of New York City, 80% of median income is $63,680.
  • Come from an area disproportionately impacted by past enforcement of cannabis laws
  • Were convicted of a marijuana-related offense before the bill was signed into law

What Services Will be Offered to Social Equity Candidates?

New York State’s Urban Development Corporation will receive additional funding to provide assistance to social equity applicants — including creating a small business incubator that will dole out low- and no-interest loans to help pay for start-up costs.

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“That’s the big missing piece of the puzzle that we haven’t seen in other states,” said Melissa Moore, the Drug Policy Alliance’s New York director.

The CITIVA Dispensary across from the Barclays Center in Brooklyn, May 2, 2020.

Hiram Alejandro Durán/THE CITY

“You can do priority licensing for social equity, but if there isn’t an avenue for people to be able to access capital it becomes a moot point because of federal prohibition it’s just about impossible for people to access the normal type of small business loans that would generally be available,” she added.

Nathaniel Gurien, CEO of a Manhattan-based cannabis consulting firm, told THE CITY the incubator, which will give financial advice to applicants, is crucial to the success of social equity efforts.

Gurien said the educational component could help everyday New Yorkers who may want to use existing skills to pivot to legal pot sales.

“Like in Times Square, you have all these tour bus hawkers,” said Gurien. “Some of those guys who may live in The Bronx and qualify for minority equity licenses, they can get a decent low-interest loan from one of these business development [agencies] with cannabis-related funds.”

How Will Underserved Communities Benefit?

The combined tax revenue on cannabis products, expected to eventually yield $350 million annually, will fund the planned Office of Cannabis Management and other agencies that have new responsibilities under the law, including the Office of Court Administration, state police and the state Department of Motor Vehicles.

About 40% of the remaining money will go to the Community Grants Reinvestment Fund. Qualified community organizations and local government agencies can apply for grants to help areas that were disproportionately affected by federal and state policies surrounding marijuana.

In New York City, this likely means that the next mayor will play a large role in how some of the money is spent.

Approved uses include: job placement programs and skills training, adult education services, mental health and substance use disorder treatment.

Also on the list: housing, financial literacy, community banking, nutrition services, after school and child care services and legal help for formerly incarcerated people.

License applicants who put forward plans that include community benefits and ways to help people impacted by the drug wars are to be given additional preference as well.

Susanna Short, a spokesperson for a Massachusetts dispensary called Mayflower, told THE CITY that pushing businesses to do their part to uplift neighborhoods has led to stronger community ties. There, Mayflower has created community gardens, hosted skills seminars and launched a fellowship program.

“It’s not a matter of compliance, it’s a true commitment,” Short said.

What Type of Licenses Can Eligible Applicants Apply For?

The MRTA allows for nine different licenses and permits that pot entrepreneurs can eventually apply for:

  • Cultivator licenses, for people who want to go grow cannabis
  • Processor licenses, for people who want to turn cannabis into other products, like edibles, concentrates and tinctures
  • Distributor licenses, for people who want to distribute wholesale products from processors to licensed retail businesses
  • Dispensary licenses, for people who want to directly sell cannabis products to the public
  • On-site consumption licenses, for people who want to sell marijuana and provide space for customers to use cannabis products
  • Cooperative licenses, for groups of people who want to cultivate, grow and process cannabis
  • Nursery licenses, for people who want to sell baby-marijuana plants that haven’t flowered yet to other licensed pot businesses
  • Delivery licenses, for businesses that want to provide delivery services in addition to their retail services
  • Microbusiness licenses, for people who want to cultivate, produce and retail cannabis products with tight size limitations.

How Can Social Equity Applicants Apply for a License?

The short answer is we don’t know yet. The law doesn’t outline when the Office of Cannabis Management will open or when members of the Cannabis Control Board — a group of five individuals chosen by the governor and the state Legislature that will oversee the new agency — will be in place.

That being said, marijuana dispensaries could open by April 1, 2022. So Cuomo and the state Legislature will have to pick members of the control board within the next few months to get the bureaucracy going.

When Will Records Be Expunged?

The act is short on details and Cuomo’s press office didn’t respond to questions. But the legislation sets forth a timeline of expunging records within two years after the bill’s signing.

The new law builds on one the legislature passed in 2019. It now will provide for an expanded expungement of convictions for marijuana or concentrated cannabis offenses.

So When Will We Be Able to Buy Legal Pot?

The bill has set April 1, 2022 as the first day that New Yorkers can buy recreational weed. And because New York State is allowing medical marijuana shops to partially integrate into the recreational market, there are already a handful of operations that should be ready by that time.