Michigan Compiled Laws

Mich. Comp. Laws § 333.27965 (2026)

Violations; penalties.

✓ current as of July 2026
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MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT


Initiated Law 1 of 2018


333.27965 Violations; penalties.

Sec. 15.

    A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law:

    1. Except for a person who engaged in conduct described in sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), a person who possesses not more than the amount of marihuana allowed by section 5, cultivates not more than the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than the amount of marihuana allowed by section 5, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana.

    2. Except for a person who engaged in conduct described in section 4, a person who possesses not more than twice the amount of marihuana allowed by section 5, cultivates not more than twice the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice the amount of marihuana allowed by section 5:

    (a) for a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana;

    (b) for a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana;

    (c) for a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.

    3. Except for a person who engaged in conduct described by section 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:

    (a) for a first violation, is responsible for a civil infraction and may be punished as follows:

    (1) if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or

    (2) if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana.

    (b) for a second violation, is responsible for a civil infraction and may be punished as follows:

    (1) if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling; or

    (2) if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana.

    4. Except for a person who engaged in conduct described in section 4, a person who possesses more than twice the amount of marihuana allowed by section 5, cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by section 5, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.

History: 2018, Initiated Law 1, Eff. Dec. 6, 2018

Compiler's Notes:

    This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.

    For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.

    For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.

Notes of Decisions
Cited in 18 cases (18 in the last 5 years), 2021–2026 · leading case: People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021).
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). · cites it 17× “MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise authorized by this act to…”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). · cites it 17× “MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise authorized by this act to…”
People of Michigan v. Shaaln M Kejbou (Mich. Ct. App. 2023). · cites it 12× “] However, Section 15 the MRTMA, MCL 333.27965, sets forth penalties for possession, cultivation, or delivery of marijuana in ways the act does not authorize, including civil fines and forfeiture of the marijuana.”
People of Michigan v. Douglas Lavon Williams Jr (Mich. Ct. App. 2025). · cites it 9× “]” -3- MCL 333.27965. Under § 15, possession, cultivation, delivery without remuneration, and possession with intent to deliver certain quantities of marijuana are penalized as follows: 1.”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). · cites it 7× “625(8) criminalized the “use” of marijuana, while MCL333.27965(3) decriminalized the “possession” and “cultivation” of marijuana for individuals under the age of 21.”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). · cites it 7× “625(8) criminalized the “use” of marijuana, while MCL333.27965(3) decriminalized the “possession” and “cultivation” of marijuana for individuals under the age of 21.”
People of Michigan v. Julia Kathleen Soto (Mich. Ct. App. 2024). · cites it 7× “” MCL 333.27965. Under § 15, possession, cultivation, delivery without remuneration, and possession with intent to deliver certain quantities of marijuana are penalized as follows: 1.”
People of Michigan v. Landon James Edwards (Mich. Ct. App. 2025). · cites it 7× “27955; MCL 333.27965. However, the MRTMA did not explicitly repeal or amend the Public Health Code’s felony provisions for intent- to-deliver offenses.”
C People of Michigan v. Shaaln M Kejbou (Mich. Ct. App. 2023). · cites it 5× “MCL 333.27965 specifies violations of the MRTMA and provides penalties in relevant part as follows: A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, may be punished only as provided in this section and is not…”
People of Michigan v. Landon James Edwards (Mich. Ct. App. 2025). · cites it 5× “]” MCL 333.27965. While the Soto Court advanced that “exclusion of possession with the intent to deliver larger quantities of marijuana from the scope of the MRTMA is consistent with one of the specified purposes of the Act, that is to ‘prevent the diversion of marihuana to…”
People of Michigan v. Freddie Wilkins III (Mich. Ct. App. 2024). · cites it 3× “5 to 5 ounces is also guilty of a civil infraction (or a misdemeanor for a third offense), MCL 333.27965(2), and possession of more than 5 ounces is always a misdemeanor, MCL 333.”
People of Michigan v. Travon Dontrell Terry-Outlaw (Mich. Ct. App. 2023). · cites it 2× “See generally MCL 333.27965. Misdemeanors are crimes. See generally MCL 750.”
— Mich. Comp. Laws § 333.27965(1) — 7 cases
People of Michigan v. Julia Kathleen Soto (Mich. Ct. App. 2024). “” MCL 333.27965. Under § 15, possession, cultivation, delivery without remuneration, and possession with intent to deliver certain quantities of marijuana are penalized as follows: 1.”
People of Michigan v. Douglas Lavon Williams Jr (Mich. Ct. App. 2025). “]” -3- MCL 333.27965. Under § 15, possession, cultivation, delivery without remuneration, and possession with intent to deliver certain quantities of marijuana are penalized as follows: 1.”
165233_91_01.Pdf (Mich. 2025).
— Mich. Comp. Laws § 333.27965(2) — 2 cases
People of Michigan v. Freddie Wilkins III (Mich. Ct. App. 2024). “5 to 5 ounces is also guilty of a civil infraction (or a misdemeanor for a third offense), MCL 333.27965(2), and possession of more than 5 ounces is always a misdemeanor, MCL 333.”
— Mich. Comp. Laws § 333.27965(3) — 6 cases
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). “MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise authorized by this act to…”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). “MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise authorized by this act to…”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). “625(8) criminalized the “use” of marijuana, while MCL333.27965(3) decriminalized the “possession” and “cultivation” of marijuana for individuals under the age of 21.”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). “625(8) criminalized the “use” of marijuana, while MCL333.27965(3) decriminalized the “possession” and “cultivation” of marijuana for individuals under the age of 21.”
People of Michigan v. Freddie Wilkins III (Mich. Ct. App. 2024). “5 to 5 ounces is also guilty of a civil infraction (or a misdemeanor for a third offense), MCL 333.27965(2), and possession of more than 5 ounces is always a misdemeanor, MCL 333.”
— Mich. Comp. Laws § 333.27965(3)(a)(2) — 2 cases
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). “625(8) criminalized the “use” of marijuana, while MCL333.27965(3) decriminalized the “possession” and “cultivation” of marijuana for individuals under the age of 21.”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021). “625(8) criminalized the “use” of marijuana, while MCL333.27965(3) decriminalized the “possession” and “cultivation” of marijuana for individuals under the age of 21.”
— Mich. Comp. Laws § 333.27965(4) — 8 cases
People of Michigan v. Shaaln M Kejbou (Mich. Ct. App. 2023). “] However, Section 15 the MRTMA, MCL 333.27965, sets forth penalties for possession, cultivation, or delivery of marijuana in ways the act does not authorize, including civil fines and forfeiture of the marijuana.”
People of Michigan v. Douglas Lavon Williams Jr (Mich. Ct. App. 2025). “]” -3- MCL 333.27965. Under § 15, possession, cultivation, delivery without remuneration, and possession with intent to deliver certain quantities of marijuana are penalized as follows: 1.”
People of Michigan v. Julia Kathleen Soto (Mich. Ct. App. 2024). “” MCL 333.27965. Under § 15, possession, cultivation, delivery without remuneration, and possession with intent to deliver certain quantities of marijuana are penalized as follows: 1.”
People of Michigan v. Landon James Edwards (Mich. Ct. App. 2025). “]” MCL 333.27965. While the Soto Court advanced that “exclusion of possession with the intent to deliver larger quantities of marijuana from the scope of the MRTMA is consistent with one of the specified purposes of the Act, that is to ‘prevent the diversion of marihuana to…”
C People of Michigan v. Shaaln M Kejbou (Mich. Ct. App. 2023). “MCL 333.27965 specifies violations of the MRTMA and provides penalties in relevant part as follows: A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, may be punished only as provided in this section and is not…”
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