Can you still get arrested for smoking marijuana?

On Behalf of | Nov 17, 2021 | Criminal Defense

Michigan moved to legalize marijuana in 2018. Yet, it is not a blanket invitation for everyone to consume when and where they want. The permission to partake comes with specific conditions. 

If you are under 21 years of age, the police can charge you if you have anything to do with the drug. You cannot use it, possess it, grow it, or sell it. 

Michigan allows people aged 21 and over a limited amount of marijuana

Once you turn 21 years of age, you have more freedom. Here are some of the rules you should know:

  • Possessing: You can have 2.5 ounces on you or 10 ounces in your home, provided you store it in the required way. However, you cannot possess marijuana within 1,000 feet of a park or use it in a public space. That might cause issues if you live near one or do not keep a mental map of all the green spaces in town.
  • Using: You can only use marijuana in a private space, and if it is not your space, you will need the owner’s permission.
  • Growing: You are allowed to keep 12 plants for personal use. If someone brings you a plant for your birthday when you already have a dozen, you could face problems.
  • Giving: You can pass up to 2.5 ounces to someone, provided you do not get anything in return. So, if you arrange to give a friend some marijuana, and they need to hand you some cash for something unrelated, make sure you do the two things separately. Convincing the police that your friend was repaying the money you lent rather than paying for the drugs may be challenging.

As with anything that was once illegal but is now allowed, some officers may get confused and arrest you. To get a drug charge dismissed, you will need to show you did not break the law or that the police infringed the rules regarding search and arrest procedures.