If you have marijuana in your vehicle in Michigan

If you have marijuana in your vehicle in Michigan

Although Michigan legislators have changed the laws so that recreational marijuana is legal, you could still face marijuana-related charges if an officer pulls you over under certain circumstances. 

The Michigan Office of Highway Safety Planning explains how. 

Transporting marijuana

As long as you are over the age of 21, you can transport up to 2.5 ounces of marijuana in your vehicle. However, only 15 grams can be in concentrate form. It is illegal to transport marijuana across the border into Canada. 

Driving under the influence

The laws regarding getting behind the wheel after consuming marijuana are similar to alcohol-related laws. You must not operate a motor vehicle while under the influence of marijuana. The law includes being in physical control, which means you could get a DUI for sitting in your vehicle if an officer determines that you may have been driving or that you are likely to drive while impaired. 

You and your passengers cannot consume marijuana while in your vehicle. 

Determining impairment

A marijuana-related traffic stop may proceed similarly to an alcohol-related stop. The officer may pull you over because your driving indicates impairment or because you have violated another traffic law. During the traffic stop, the officer will watch your behavior and may ask you to take a field sobriety test. Based on his or her observations and the outcome of the test, the officer may ask you to take a chemical test.  If the request for a chemical test is proper, your license will automatically be suspended for one year if you refuse the test.  This is known as Michigan’s Implied Consent law.

Facing penalties

If you receive a conviction for a first offense for operating a vehicle under the influence of marijuana, you may spend as long as 93 days in jail and pay a fine of up to $500. You receive six points on your driving record, as well, and you face license suspension. These penalties may increase if you have children in the vehicle with you when the officer pulls you over. 

If you or a loved one needs help with a Michigan marijuana case, please contact us.  It could be the most important call you make.