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Michigan Legalizes Use of Recreational Marijuana

Implementation Date: Expected December 7, 2018

Note: The Constitution of the State of Michigan provides that approved initiatives do not take effect until 10 days after the date of the official declaration of the vote on the initiative, which does not occur until an election is certified by the Board of State Canvassers. This process typically takes about three weeks. If the election is certified on November 27, 2018, as expected, the below initiative would take effect on December 7, 2018.

As a result of the November 2018 Ballot Proposal 18-1, recreational marijuana use is legal in Michigan beginning on or around December 6, 2018. Under the Michigan Regulation and Taxation of Marihuana Act (the Act), recreational marijuana is legal for an adult age 21 or older to process, consume or give to another adult up to 2.5 ounces of marijuana.

However, the Act prohibits individuals from consuming marijuana in a public place, except for any areas designated for such consumption that are not accessible to a minor under the age of 21. Individuals are also prohibited from operating a motor vehicle while consuming or under the influence of marijuana.

The Act does not:

  • Require an employer to permit or accommodate marijuana use in the workplace or on employer property;
  • Prevent an employer from refusing to hire, firing, disciplining or otherwise taking an adverse employment action against a person who violated a workplace drug policy or was working while under the influence of marijuana; or
  • Prevent a person who owns, occupies, or manages property from prohibiting or regulating the consumption, cultivation, distribution, processing, sale or display of marijuana and marijuana accessories on that property.