What is the penalty for possessing too much cannabis in Michigan?

Exceeding the legal limit by less than 5 ounces is a civil infraction with up to a $500 fine. Exceeding the limit by 5 or more ounces is a misdemeanor with criminal charges. The legal limits are 2.5 ounces in public and 10 ounces at home (in a locked container).

What is the fine for smoking weed in public in Michigan?

Public cannabis consumption is a civil infraction (not a criminal offense) with a maximum fine of $100. No arrest and no criminal record.

What are the penalties for growing too many cannabis plants in Michigan?

Growing 13-24 plants is a civil infraction with up to a $500 fine. Growing 25-200 plants is a felony with up to 7 years in prison. Growing 200+ plants is a felony with up to 15 years in prison. The legal limit is 12 plants per household.

What happens if you sell cannabis to a minor in Michigan?

Selling cannabis to a person under 21 is a felony punishable by up to 7 years in prison and a $10,000 fine. It is one of the most severely punished cannabis offenses in Michigan.

Can you take cannabis from Michigan to Ohio?

No. Transporting cannabis across any state line is a federal crime, regardless of whether the neighboring state has legalized. This applies to Ohio, Indiana, Wisconsin, and Canada. Interstate cannabis transport violates federal drug trafficking laws.

Michigan Cannabis Penalties — Full Guide

Legal Disclaimer: This information reflects Michigan cannabis law as of March 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Cannabis Regulatory Agency or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: March 2026

Possession Penalties

Under the MRTMA and Michigan criminal statutes, penalties for cannabis possession depend on the amount over the legal limit:

Offense	Classification	Penalty
Public consumption	Civil infraction	Up to $100 fine
Over limit by <5 oz	Civil infraction	Up to $500 fine
Over limit by 5+ oz	Misdemeanor	Jail + fines
13–24 plants	Civil infraction	$500 fine
25–200 plants	Felony	Up to 7 years
200+ plants	Felony	Up to 15 years
Sale to minors	Felony	Up to 7 years / $10,000

Detailed Possession Breakdown

Offense	Classification	Maximum Penalty
Possession of 2.5 oz or less (21+, in public)	Legal	No penalty — legal under MRTMA
Possession of up to 10 oz (21+, at home, locked container)	Legal	No penalty — legal under MRTMA
Over limit by less than 5 oz	Civil infraction	$500 fine
Over limit by 5 oz or more	Misdemeanor	Criminal charges
Home storage over 2.5 oz in unlocked container	Civil infraction	Fine

A person who possesses not more than twice the amount of marihuana allowed under this act is responsible for a civil infraction and may be punished by a fine of not more than $500.
MCL 333.27965 — Penalties

Cultivation Penalties

Adults 21+ may legally grow up to 12 plants per household in an enclosed, locked facility. Exceeding that limit triggers escalating penalties:

Offense	Classification	Maximum Penalty
Up to 12 plants (enclosed, locked facility)	Legal	No penalty
13–24 plants	Civil infraction	Up to $500 fine
25–200 plants	Felony	Up to 7 years prison
200+ plants	Felony	Up to 15 years prison

Note the dramatic escalation: going from 24 to 25 plants takes you from a $500 civil infraction to a potential 7-year felony. The jump from 200 to 201 plants escalates to a 15-year maximum. These thresholds are worth knowing precisely.

Public Consumption

Offense	Classification	Penalty
Public consumption (state/municipal jurisdiction)	Civil infraction	Up to $100 fine
Consumption on federal property	Federal offense	Federal penalties apply

Michigan's $100 civil infraction for public consumption is among the lighter penalties nationally. It is not a criminal offense — no arrest, no criminal record. For details on where consumption is legal, see Where You Can Consume.

Distribution and Sale Penalties

Offense	Classification	Maximum Penalty
Gifting up to 2.5 oz to an adult 21+	Legal	No penalty
Sale to a minor (under 21)	Felony	Up to 7 years prison, $10,000 fine
Unlicensed sale	Varies by amount	Misdemeanor to felony charges

Sale to minors is treated severely. A felony conviction for selling to someone under 21 carries up to 7 years in prison and a $10,000 fine — making it one of the most harshly punished cannabis offenses in Michigan.

DUI Penalties

Michigan uses a zero-tolerance per se standard for recreational users (any THC above 1 ng/mL). Medical patients are exempt under People v. Koon (2013).

Offense	Jail	Fine	Community Service
First DUI	Up to 93 days	$100–$500	Up to 360 hours

Repeat offenses carry escalating penalties. For complete DUI information, see our DUI & Driving Laws page.

Interstate Transport

Transporting cannabis across Michigan's borders is a federal crime, regardless of the legal status in neighboring states. This applies to:

Ohio — even though Ohio has legalized
Indiana — where cannabis remains fully illegal
Wisconsin — where cannabis remains fully illegal
Canada — crossing the international border with cannabis is a federal crime in both countries

For more, see Out-of-State Visitors.

The Border Towns Are Watching

Law enforcement along Michigan's borders — especially near Indiana and Wisconsin — is aware of cannabis tourism. Do not attempt to transport cannabis across state lines, even to another legal state. Interstate transport is a federal drug trafficking offense.

Key Penalty Thresholds to Remember

Public consumption: Civil infraction, up to $100
Possession slightly over limit (under 5 oz excess): Civil infraction, up to $500
13–24 plants: Civil infraction, up to $500
25+ plants: Felony — the consequences jump dramatically
Sale to minors: Felony, up to 7 years/$10,000

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Cannabis Penalties in Michigan