Michigan Drug Laws

It is illegal in Michigan to make, sell, use, or possess a wide range of controlled substances and controlled substance analogues. Mich. Comp. Laws §§ 333.7401-333.7403. This includes “constructive possession”, where a person does not have drugs on or near them, but still exercises “dominion or control” over them. People v. McKinney, 258 Mich.App. 157, 165-66 (2003) (note: this means you could be charged with possession if controlled substances are in your car or in your hotel room even if they are not yours).

Unless otherwise indicated, the penalties below reflect a first-time drug-related conviction for the lowest quantity indicated and with no aggravating factors (e.g., possession in a school zone). Penalties may be more severe if you have any previous state or federal drug-related convictions. See e.g., Mich. Comp. Laws § 333.7413.

Schedules of controlled substances are found in Mich. Comp. Laws §§ 333.7211-333.7220.

 Penalties for possession depend on the type of drug and quantity possessed. Possession of:

• Less than 50 grams of certain schedule 1 or 2 controlled substances, including heroin, fentanyl, cocaine, and methadone (without a prescription), is a felony punishable by up to four years imprisonment and/or a fine of up to $25,000. Mich. Comp. Laws § 333.7403(2)(a)(iv)-(v). 
• Any amount of methamphetamine or MDMA (i.e., ecstasy, molly) is a felony punishable by up to 10 years imprisonment and/or a fine of up to $15,000. § 333.7403(2)(b)(i).
• Any amount of other schedule 1, 2, 3, or 4 controlled substances is a felony punishable by up to two years imprisonment and/or a fine of up to $2,000. § 333.7403(2)(b)(ii).
• Any amount of LSD, peyote, mescaline, DMT, psilocin, psilocybin, or a schedule 5 controlled substance is a misdemeanor punishable by up to one year imprisonment and/or a fine of up to $2,000. § 333.7403(2)(c).

Drug use is punishable as a separate offense from possession. Use of:

• Certain schedule 1 or 2 controlled substances, including heroin, fentanyl, cocaine, methamphetamine, MDMA, and methadone (without a prescription), is a misdemeanor punishable by up to one year imprisonment and/or a fine of up to $2,000. Mich. Comp. Laws § 333.7404(2)(a). 
• Other schedule 1, 2, 3, or 4 controlled substances is a misdemeanor punishable by up to one year imprisonment and/or a fine of up to $1,000. § 333.7404(2)(b). 
• LSD, peyote, mescaline, DMT, psilocin, psilocybin, or a schedule 5 controlled substance is a misdemeanor punishable by up to six months imprisonment and/or a fine of up to $500. § 333.7404(2)(c).

Manufacturing, delivering, or possessing with intent to manufacture or deliver:

• Less than 50 grams of certain schedule 1 or 2 controlled substances, including heroin, fentanyl, cocaine, and methadone (without a prescription), is a felony punishable by up to 20 years imprisonment and/or a fine of up to $25,000. Mich. Comp. Laws § 333.7401(2)(a)(iv). 
• Any amount of methamphetamine or MDMA is a felony punishable by up to 20 years imprisonment and/or a fine of up to $25,000. § 333.7401(2)(b)(i).
• Less than five kilograms of marijuana is a felony punishable by up to four years imprisonment and/or a fine of up to $20,000 (but see exceptions below in “Adult Use Marijuana”). § 333.7401(2)(d)(iii).
• Any amount of other schedule 1, 2, or 3 controlled substances is a felony punishable by up to seven years imprisonment and/or a fine of up to $10,000. § 333.7401(2)(b)(ii).
• Any amount of a schedule 4 controlled substance is a felony punishable by up to four years imprisonment and/or a fine of up to $2,000. § 333.7401(2)(c).
• Any amount of a schedule 5 controlled substance is a felony punishable by up to two years imprisonment and/or a fine of up to $2,000. § 333.7401(2)(e).

Note: As of October 31st, 2025, there is pending legislation that would create a mandatory minimum of five years imprisonment for manufacture, delivery, or possession with intent to manufacture or deliver less than 50 grams of heroin, fentanyl, carfentanil, or any derivative of these substances. H.B. 4255, 103rd Leg., Reg. Sess. (Mich. 2025).

Individuals at least 21 years of age may legally purchase, possess for personal use, and consume up to 2.5 ounces of marijuana, of which up to 15 grams may be marijuana concentrates. Mich. Comp. Laws § 333.27955(1)(a). They may possess up to 10 ounces of marijuana in their home, but amounts higher than 2.5 ounces must be locked away. §§ 333.27955(1)(b), 333.27954(1)(i). They may also grow up to 12 marijuana plants for personal use if the plants are in a secure area not visible to the public. §§ 333.27955(1)(b), 333.27954(1)(f). 

Using marijuana in public is a civil infraction punishable by a fine of up to $100 if the amount possessed was less than 2.5 ounces. §§ 333.27954(1)(e), 333.27965(1). 

Underage possession of otherwise legal quantities of marijuana is a civil infraction punishable by up to $100 in fines and, if under the age of 18 years, four hours of drug education or counseling for a first offense, with escalating penalties for subsequent offenses. § 333.27965(3).

Distribution without remuneration (e.g., giving away/sharing) of up to 2.5 ounces of marijuana, of which up to 15 grams may be marijuana concentrates, to another person aged 21 or older is permitted. § 333.27955(1)(d). Possession outside the home of more than 2.5 ounces or delivery without remuneration of more than 2.5 ounces is a civil infraction punishable by a fine of up to $500, unless the amount possessed exceeds five ounces, in which case it is a misdemeanor punishable by a fine of up to $500. § 333.27965(2), (4). 

Marijuana may be purchased from registered “marihuana establishments” (i.e., dispensaries). § 333.27960(1)(e). Cities may authorize on-site consumption at marihuana establishments (i.e., cannabis lounges), and Detroit is one of the cities that has authorized them. § 333.27956(2)(c); Detroit City Code § 20-6-3(b)(8). A small number of cannabis lounges operate in Detroit.

A “qualifying patient” – someone diagnosed with a “debilitating medical condition” under the Michigan Medical Marihuana Act – who has a registry identification card may possess up to 2.5 ounces of marijuana or marijuana equivalents and may cultivate up to 12 plants in an enclosed, locked facility. Mich. Comp. Laws §§ 333.26423(l), 333.26424(a). Michigan recognizes several debilitating medical conditions. See § 333.26423(b); What Medical Conditions Are Eligible?, Cannabis Reg. Agency, http://michigan.gov/cra/faq/program-list/applicant-questions/what-medical-conditions-are-eligible (last accessed Aug. 27, 2025).

Patients can purchase up to 2.5 ounces of marijuana, of which up to 15 grams may be marijuana concentrate, in a single day, but no more than 10 ounces in a month. Mich. Admin. Code. R. 420.506(1)-(3).

Individual dispensaries may choose to recognize “visiting qualified patients” who present valid out-of-state medical marijuana registration cards and valid government-issued ID. Mich. Comp. Laws § 333.26423(q); Mich. Admin. Code. R. 420.505(3). These requirements and discretion are less of an issue due to the ability to purchase marijuana for adult use.

In Detroit and all of Wayne County, use or possession of drug paraphernalia — including equipment for making, taking, testing, or even simply holding drugs — is a misdemeanor punishable by up to 90 days imprisonment and/or a fine of up to $500. Mich. Comp. Laws § 333.7451; Wayne Cty. Code §§ 173-2, 173-6; Detroit City Code §§ 31-9-22, 31-1-1. However, this does not apply to paraphernalia that was “given away by a state or local government agency, a program established in accordance with state or local law, or an employee, volunteer or participant or other person authorized by such program to prevent the transmission of communicable diseases and drug overdoses.” Wayne Cty. Code § 173-5(b)-(c); see Mich. Comp. Laws § 333.7457(f); Detroit City Code § 31-9-29(7). Items like syringes and drug checking strips received from approved programs (e.g., syringe service programs) should be covered by this exception and not criminalized, though may still be subject to forfeiture. See Mich. Comp. Laws § 333.7521(1)(g). Residual amounts of drugs found in paraphernalia may be enough to support a charge for possession of a controlled substance. See People v. Harrington, 238 N.W.2d 20, 47-49 (Mich. 1976).

Possession, use, purchase, manufacture, sale, and distribution of marijuana paraphernalia by (and to) persons aged 21 years or older are permitted. Mich. Comp. Laws § 333.27955(2).

Neither a person experiencing an overdose nor a person who in good faith seeks medical assistance for a person experiencing an overdose or other perceived medical emergency arising from the use of a controlled substance can be arrested, charged, or prosecuted for use or possession of drugs “in an amount sufficient only for personal use” based on evidence found as a result of the person’s seeking medical assistance. Mich. Comp. Laws §§ 333.7403(3), 333.7404(3). Offenses other than use or possession “in an amount sufficient only for personal use” may still be prosecuted. §§ 333.7403(5), 333.7404(5).

Under a statewide standing order, pharmacies and community-based organizations may distribute naloxone directly or indirectly (e.g., via a vending machine) to any person. Mich. Comp. Laws § 17744e; Natasha Bagdasarian, Standing Order Information Packet-Naloxone Prescription for Opioid Overdose Prevention, Mich. Dept. of Health & Human Servs. (June 2, 2023). Various health professionals may also prescribe naloxone to people at risk of experiencing opioid overdose and to third parties (e.g., a family member or friend). Mich. Comp. Laws § 333.17744b(1); 333.17708(2).

A person who acts “in good faith and with reasonable care may possess and dispense” naloxone. Mich. Comp. Laws § 17744b(3). A person who administers naloxone to someone they believe in good faith is experiencing an opioid overdose cannot be held civilly liable for damages resulting from administration unless the person engaged in “willful or wanton misconduct.” Mich. Comp. Laws § 691.1503.

State and local governments may authorize programs “to prevent the transmission of infectious agents,” which may distribute items like syringes, needles, cookers, pipes, straws, naloxone, and drug checking equipment. See Mich. Comp. Laws § 333.7457(f). The Michigan Department of Health and Human Services lists existing syringe services programs on its website.