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Cannabis and Driving

Cannabis and Driving

A guide for medicinal and recreational users

This brochure helps clarify where cannabis use IS legal and where it is NOT legal in Michigan. For the complete wording of the state’s medicinal and recreational cannabis laws, please visit the Michigan Cannabis Regulatory Agency at Michigan.gov/CRA.

Where is cannabis use legal?

The use of cannabis is legal in Michigan as long as it takes place in private, such as at the home of the user.

Where is cannabis use NOT legal?

Use of cannabis is NOT legal:

In public places

  • In areas frequented by children, such as schools or school buses
  • In areas that fall under federal jurisdiction rather than state law, such as airports or government buildings
  • While driving a motor vehicle

NOT LEGAL: Driving under the influence of cannabis.

  • Drivers may not operate, navigate, or be in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of cannabis.
  • Drivers may not consume cannabis while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat.
  • Passengers are not allowed to smoke in the passenger area of a vehicle upon a public way.

 

Other facts drivers should know.

Police officers will be looking for cannabis impairment based on:

  • Driving behavior
  • Officer’s observations of the driver
  • How a driver performs on field sobriety tests

Based on these three stages of an investigation, a police officer may request a chemical test. If a driver refuses to submit to a chemical test, their license will be suspended pursuant to Michigan’s implied consent law. Under this law, all drivers are considered to have given consent to the test when they apply for and renew their driver’s license.

Penalties for operating under the influence of cannabis.

The penalties are the same as those imposed for operating under the influence of alcohol. These penalties can include:

  •  Up to 93 days in jail
  •  Up to a $500 fine
  •  License suspension
  • Six points on a person’s driving record

There are heightened penalties if a driver has minors in the vehicle.   

Cannabis and Driving Resources