What the legalization of recreational marijuana means for U-M students, faculty and staff
On November 6, 2018, Michigan voters approved Proposal 18-1 which legalized the possession and use of limited amounts of marijuana in non-public places for individuals 21 years and older. With changes in the state law, students, faculty and staff may be wondering how the new legislation will impact the University of Michigan community.
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No. The use of recreational or medicinal marijuana in any form, including edibles and extracts, will remain prohibited by university policy and federal law. U-M policies will not change as a result of Proposal 18-1.
U-M must comply with federal laws regarding the possession, distribution and consumption of marijuana, which is still a Schedule I drug under the federal Controlled Substance Act of 1970. In addition, U-M is obligated to follow the Drug-Free Schools and Communities Act Amendments of 1989 and prevent the illicit use of drugs and abuse of alcohol by students and employees on U-M property or at university events.
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Yes. U-M policies and federal law prohibit anyone from using, possessing or distributing marijuana on U-M property or at any U-M events, including off-campus travel and events. As a recipient of federal funding, U-M is required to take measures to prevent the illicit use of drugs and abuse of alcohol on campus. Faculty, staff, students and visitors must abide by U-M's Drug-Free Workplace policy.
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Yes. Like alcohol, tobacco and other controlled substances that may be permissible under state law but are restricted by U-M policies, U-M will not permit the use of marijuana on university property. As a higher education institution, property owner, and recipient of federal funds, U-M has not only the authority, but the legal obligation to prohibit marijuana on campus and at university events. Students, faculty and staff who violate policies are subject to disciplinary proceedings.
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No. U-M does not allow students, faculty, staff or visitors to possess marijuana on campus under any circumstance, regardless of medicinal status.
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*Please note the summary below is for informational purposes only and not for the purpose of providing legal advice.
- Allows the personal possession and use of 2.5 ounces or less of marijuana by individuals 21 years and older, except that not more than 15 grams of marijuana may be in the form of a concentrate. This does not apply on U-M or other public property, nor at K-12 schools.
- Allows a person 21 and older to possess, store, and process not more than 10 ounces of marijuana produced by plants cultivated on the premises and cultivate not more than 12 plants for personal use, provided that no more than 12 plants are possessed, cultivated, or processed on the premises at once. Plants cannot be visible to the public. Property owners and managers may prohibit marijuana on their property.
- Allows a person to give away or otherwise transfer without remuneration up to 2.5 ounces of marijuana, except that not more than 15 grams in concentrated form, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
- Allows employers to refuse to hire job applicants or fire existing employees if they test positive for marijuana.
- Prohibits operating, navigating, or being in physical control of any motor vehicle while under the influence of marijuana
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> *Please note the summary below is for informational purposes only and not for the purpose of providing legal advice.
Yes. Several current violations under state law will change from misdemeanors to civil infractions. A summary of the changes is listed below:
- A person who possesses or cultivates not more than the amount of marijuana allowed is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marijuana.
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A person who possesses or cultivates not more than twice the
amount of marijuana is responsible for a civil infraction and
may be punished as follows:
- for a first violation, a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marijuana;
- for a second violation, a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marijuana;
- 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 marijuana.
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A person under 21 years of age who possesses not more than 2.5
ounces of
marijuana or who cultivates not more than 12 plants:
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for a first violation, a civil infraction and may be
punished as follows:
- if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marijuana, and completion of 4 hours of drug education or counseling; or
- if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marijuana.
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for a second violation, a civil infraction and may be
punished as follows:
- if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marijuana, and completion of 8 hours of drug education or counseling; or
- if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marijuana.
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for a first violation, a civil infraction and may be
punished as follows:
- A person who possesses or cultivates more than twice the amount of marijuana allowed 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.
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Federal law prohibiting marijuana preempts state laws attempting to legalize the drug. The possession, use, and distribution of marijuana is still illegal and subject to prosecution under federal law, regardless of what state laws permits, and regardless of whether the federal government chooses to actively enforce federal law in those states that have legalized recreational marijuana use. Importantly for U-M, receipt of federal funds in the form of student loans, grants and research support, among other things, is conditioned on compliance with federal drug law.
