The law says that, while a property owner can prohibit or regulate “the consumption, cultivation, distribution, processing, sale, or display of marijuana and marijuana accessories,” a lease agreement can’t prohibit a tenant from keeping up to 10 ounces at home or “consuming marijuana by means other than smoking.”
It also prohibits you from smoking marijuana within the passenger area of a vehicle on a public road.
The bill isn’t likely to pass because the Legislature will need a three-quarters vote in both the House of Representatives and Senate to make changes to proposals passed by voters. However, unlikely isn’t impossible.
Public consumption of marijuana will remain illegal, but the living room of your house is fine (as long as you own the place or your landlord is OK with it).
4. Can your landlord stop you from growing or smoking marijuana?
Anyone 21 and over will be able to grow up to 12 plants at home.
You can’t buy seeds or cuttings from anyone until the state-approved retail businesses are up and running, but someone could give them to you.
Seeds are available online to purchase, but internet purchases fall under interstate commerce, which is regulated by federal law, and marijuana is still illegal at the federal level.
3. How to grow marijuana at home
The voter-initiated statute specifies that plants can be grown as long as they are not visible “from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area.”
In the meantime, those who want to partake have two options: find someone willing to give you pot for free or grow your own.
Mr. Roberts is the managing partner of Scott F. Roberts Law, PLC, a boutique business and real estate law firm focused on representing commercial cannabis facilities and real estate companies in Michigan. Mr. Roberts is a Michigan marijuana business lawyer and has spoken at several cannabis conferences and CLE events in Michigan.
On the state level, the rules that outdoor commercial marijuana grows must meet are minimal. One rule affecting outdoor MMFLA grow facilities is the requirement that any grow facility must be located in an area zoned as industrial, agricultural, or unzoned. This same requirement is not present in the MRTMA, however. Another restriction present in both the MMFLA and MRTMA is the requirement that there be a building adjacent to the cultivation area where drying, trimming and curing must take place. Other than that, and the requirement that the area must be fenced in and not visible to the public, the state-level restrictions are minimal.
There are currently only a handful of townships in Michigan that allow outdoor commercial cannabis cultivation under the MMFLA, all of which have certain land use requirements as well as additional restrictions on the outdoor grow facility. The municipal restrictions applicable to grows mostly fall into one of three categories. The first is setbacks—all municipalities that allow outdoor grows that we reviewed require that the outdoor facility be set back from the property lines—some only as much as 20 to 30 feet, others several hundred feet.
The Market for Michigan Outdoor Cannabis
Due to the high price per square foot of MMLFA and MRTMA grow facilities in Michigan—where $100 SF is not uncommon for a decent green-zoned building in the Metro Detroit area, some Michigan growers have decided to seek out an alternative that is both significantly less costly and quicker to market. For some, this means a greenhouse, where lower end models can be built for as little as $40 / SF, though even these involve significant build out, equipment and utility costs. Not to mention, the quality of greenhouse grown medical marijuana is generally not seen as up to par with other indoor growing, making it harder to sell directly to MMFLA provisioning centers and MRTMA retailers.
The second type of municipal restriction is lot size. Most municipalities require that the outdoor medical marijuana facility sit on property of at least one acre, and sometimes as much as five acres. Finally, at least one municipality places additional security restrictions over and above the MMFLA regulations, including requirements that the property be enclosed by fences at least eight feet high surrounding the entire facility as well as locked gates.
So where and how can I grow outdoors in Michigan?
The MMFLA is not like the Michigan Medical Marihuana Act (MMMA) in this respect. The MMMA allows registered patients and caregivers to grow a limited number of plants outdoors, regardless of the municipality, provided that they meet the following requirements:
This is because the MMMA is a broadly applicable state law that preempts any local ordinance in conflict with it, while the MMFLA leaves it up to each local unit of government to decide what type of facilities to allow, how many of each type of facility to allow, and what additional requirements each MMFLA applicant must meet. The MMFLA gives broad authority to each locality, except that a local government cannot enact regulations on the price or purity of marijuana or otherwise contradict the state law.
An act of the Michigan Legislature would be required in order to change the spelling of marijuana in the Michigan statutes, such as the Public Health Code or the newer marijuana laws.
According to the new Michigan law, a person who is at least 21 years old is allowed no more than 2.5 ounces of marijuana within his or her place of residence unless any excess marijuana is stored in a container or area equipped with locks “or other functioning security devices that restrict access to the contents of the container or area.”
That’s how the law reads.
That makes Michigan’s household marijuana cultivation law the least strict out of all of the states.
For more coverage of marijuana in Michigan, go here.
Legal adults in Michigan are allowed to grow up to 12 marijuana plants inside their residence. That’s according to the proposal language that was approved.
That means you’re going to want to be growing indoors, or outside in a shed or grow house. Keep in mind this is Michigan — the weather changes rapidly.
Of course, while growing and using is legal, law enforcement officials are reminding residents that marijuana will be treated like alcohol: You can’t drive while under the influence, and using it openly in public can get you arrested.
But how much can you grow and where can you grow it?
DETROIT – As of Dec. 6, 2018 it is legal to grow your own marijuana in the state of Michigan.
What do you have questions about in Metro Detroit or Michigan that you’d like us to investigate?