DETROIT CRIMINAL LAW BLOG
- July 08, 2026
- Criminal Defense
Consequences
Recently, new species were added to the invasive species list in Michigan. This addition makes it illegal to sell, import, and introduce the species. There are different consequences for a violation involving a restricted species versus a prohibited species. A violation involving a restricted species is a misdemeanor and results in potential imprisonment for not more than two years. There may also be a fine between $1,000 and $10,000. A violation involving a prohibited species is a felony and results in potential imprisonment for not more than two years. There may also be a fine between $2,000 and $20,000.
The new invasive species include the water-hyacinth, water lettuce, Japanese barberry, glossy buckthorn, callery pear, and common buckthorn.
Invasive Species
Invasive species are those that are not native and whose introduction causes harm, or is likely to cause harm to the economy, environment, or human health. Invasive species harm ecosystems by rapidly reproducing and spreading, allowing them to outcompete native species and disrupt the natural balance of the ecosystem.
Invasive Species Program
Michigan’s Department of Agricultural and Rural Development (MDARD) created the Invasive Species Program to protect the state’s natural resources, agriculture, and economy. The program focuses on early detection, rapid response, and management of invasive species. This approach involves the use of Michigan’s Department of Natural Resources (DNR), Department of Environment, Great Lakes, and Energy (EGLE), federal partners, local governments, tribal communities, and the public.
The Invasive Species Program aims to prevent introductions of invasive species, detect and identify new infestations, and respond rapidly to contain and eradicate harmful species before they spread. The program prevents the introduction of invasive species through education and community outreach. It supports public awareness campaigns to ensure that the public understands the risks of invasive species and take proactive measures. The program also uses advanced diagnostics and monitoring to detect and identify new infestations.
The Invasive Species Program provides a list of prohibited and restricted species in the state of Michigan. There is also information that includes details for identifying invasive species and instructions on how to report them.
New Invasive Species
MDARD determines that a species is invasive by utilizing the Weed Risk Assessment (WRA) set out by the United States Department of Agriculture. The WRA reviews scientific literature to determine the likelihood of a plant becoming established and spreading. It also examines the potential impacts that the species might have on the environment, human health, and production systems.
Once a species is identified as invasive, MDARD classifies the species as either restricted or prohibited. Restricted species are those that are established in the state and have the potential to harm human health or to severely harm natural and agricultural resources. Prohibited species are those that are not widely distributed in the state and have the potential to harm human health or to severely harm natural and agricultural resources. Â
On May 20, 2026, Michigan’s Department of Agriculture and Rural Development (MDARD) added six invasive species to the list of prohibited and restricted species. The new invasive species include the water-hyacinth, water lettuce, Japanese barberry, glossy buckthorn, callery pear, and common buckthorn.
The water-hyacinth and water lettuce were classified as prohibited species because they are non-native and have a high risk of being a major invader. They also have a high potential to cause harm to human health or to severely harm natural and agricultural resources. The Japanese barberry, glossy buckthorn, callery pear, and common buckthorn were classified as restricted species because they are distributed in Michigan and have a high risk of being a major invader. They also have a high potential to cause harm to human health or to severely harm natural and agricultural resources.
The prohibited species are restricted 30 days after the order is signed. The water-hyacinth and water lettuce will be restricted starting June 19, 2026. The restricted species, Japanese barberry, glossy buckthorn, callery pear, and common buckthorn, will be restricted beginning January 1, 2028.
Bottom Line
Know your plants! Otherwise, you could land on law enforcement’s radar and possibly face serious consequences. At the Law Office of John Freeman, we can help if you run into a problem. Contact us today.