What You Need to Know

The risk of illegal cannabis cultivators in Michigan experiencing dramatic, SWAT-style raids has significantly lessened. As of October 5, growing unauthorized marijuana in the state, even in large quantities, is merely a misdemeanor, according to a recent decision by the Michigan Court of Appeals.

The court emphasized that stringent prison sentences linked with older, harsher marijuana laws have been superseded by newer, more forgiving legislation. However, legal experts and insiders from the marijuana industry warn that unauthorized growers might still face serious penalties for other offenses, such as tax evasion, and may lose their valuable cannabis crops.

Jamie Lowell, a cannabis activist, stated that the lesser penalties are justified. “There was never any need for extreme enforcement or severe sentences. It’s just cannabis,” he said.

The Court of Appeals cited that marijuana-related sentences outlined in the 1978 drug law—like up to 15 years for possession of more than 99 pounds or 200 plants—no longer apply. Under the 2018 Michigan Regulation and Taxation of Marijuana Act, such offenses should now be classified as misdemeanors, punishable by a maximum of 93 days in jail.

Interestingly, this change in law may open doors for those convicted under the outdated 1978 law to contest their sentences. Over 3,500 people have been charged, and 1,072 convicted, under the older law since the 2018 Act came into play.

The recent court ruling originated from a 2020 police raid in Tuscola County, where an unauthorized cannabis farm containing 1,156 plants was discovered. Shaaln Kejbou, the owner, faced felony charges under the old 1978 law, which were later dismissed by a local judge. The ruling from the Court of Appeals upheld this dismissal.

However, not everyone agrees with the implications of the court’s decision. Prosecutor Mark Reene cautioned that it might fuel the illegal market at the expense of legitimate cannabis businesses. On the flip side, Robin Schneider, who assisted in drafting the 2018 law and now leads the Michigan Cannabis Industry Association, said the law is functioning as intended—reducing unnecessary incarcerations for cannabis-related crimes.

State agencies are still adjusting to the court’s decision. The Cannabis Regulatory Agency (CRA) continues to refer illegal cannabis operations to the state police. The law enforcement agencies are still processing the implications but don’t anticipate a major change in their operations.

Legal professionals expect the recent court ruling to set a precedent, potentially influencing how marijuana crimes are pursued and prosecuted. Michael Komorn, an attorney specializing in cannabis defense, plans to advocate for reducing existing felony charges to misdemeanors in light of the decision.

The verdict has also sparked debate on the need for legislative amendments, but changing the voter-passed initiative would require a three-fourths supermajority in both houses—unlikely to happen according to marijuana legalization pioneer Tim Beck.

This appellate court ruling has stirred the waters, both clarifying and complicating the legal landscape for marijuana cultivation in Michigan.