Possession of Marijuana in Ann Arbor, is it legal? What to do if arrested now that Proposal 1 passed?

As of 11/7/18 – Proposal 1 was approved by Michigan voters.  So what does this mean?  Can you still get in trouble?  The answer are below.

Can you smoke or use marijuana legally in Michigan without a MMMA card now that Proposal 1 passed?

Not yet.  The vote does not mean its legal right now.  Most states that approval recreational marijuana use enact the law approximately a year after its voted on.  I anticipate that recreational use will be allowed in about a year.  In the meantime, you can still get in trouble.

Will the police still arrest me in Michigan now that Proposal 1 has passed?

This will depend on the police officer.  Some will not take it as seriously and not make arrests, others will act as if nothing happened until the law is enacted.

I read that the law will be enacted in 45 days, is this true?

The 45 day rule is a guideline.  Realistically speaking, it will probably take about a year before all the rules, taxes, and regulations are agreed upon.

Can you smoke in public?

No, just like alcohol, use in public will probably be prohibited.

Where can you buy legal marijuana in Michigan?

Currently only medical marijuana can be purchased legally by medical marijuana patients.  Recreational marijuana cannot be purchased yet.  Buying it from a dealer on the street is still illegal.  Selling it on the street it also still illegal.  Legal dispensaries still needs to be established.

What if you have an old marijuana conviction in Michigan, does that go away now that proposal 1 has passed?

No, your old conviction does not go away.  Since this is voting measure so new, there is no bright-line rule on what will happen on old cases.  I believe that some prosecutor’s offices will allow for old cases to be re-opened and dismissed.  Other, more-conservative, prosecutor’s offices will do nothing and commit to the idea that because the law was broken, you will be convicted

Is using marijuana legal in the City of Ann Arbor?

The answer is maybe.  If you are on Ann Arbor City property smoking marijuana and an Ann Arbor Police officer stops you, they will most likely issue you a civil infraction.  A civil infraction is not a criminal charge.  A civil infraction example is a parking ticket.  Even though its decriminalized in Ann Arbor, that doesn’t mean it is consequence free.  It is also possible that AAPD won’t do anything.

What happens if UMPD, State Police, or Washtenaw County Sheriff stop me?

This is where it gets complicated because those agencies will apply Michigan State Law.  Under Michigan law, use and/or possession of marijuana is still illegal until the new law is enacted.  If the police stop you, then they will probably charge you with a crime.  If you are charged, then you should hire an attorney because a marijuana conviction can have serious consequences on your job prospects and maybe your drivers license.

What happens if you have a Medical Marijuana Card also known as an MMMA Card?

If you have a medical marijuana card, then you have to follow specific rules to be in compliance with the rule.  Smoking in public is one thing that is not permitted.

What if I have it in my car?

If you have medical marijuana in your car, as long as you are transporting it under the MMMA rules, then you shouldn’t have a problem.  If an officer doesn’t understand the rules, they may arrest you.  That is when you would need to hire an attorney to help you sort things out.

If you have marijuana in your car without an MMMA card, then you are transporting it illegally.  If you are stopped and the police find it, then you are facing some serious criminal charges.

What is 7411 in Ann Arbor, Michigan?

7411 is the last four numbers of a Michigan law that gives first time offenders another opportunity by avoiding a criminal conviction on a first offence drug charge.  This program can only be used once and has no age limit.  You may still be placed on probation and have other repercussions, but if you are successful, then you can avoid a conviction and keep a non-public file.

What do I do if I get in trouble with the police?

If you are arrested for use or possession of marijuana in Ann Arbor, Ypsilanti, Saline, Milan, Dexter, Chelsea, Manchester, Northville, Novi, Plymouth, Romulus, Belleville, or the surrounding communities, then call me for a free consultation at (734) 887-6079.  I will help you understand your options and will provide you with a quality defense.  You have options and its important you understand how they work.