Not enacted by the people of the State of Michigan

Michigan House Bill 5105

Contributing Author – Jamie Lowell

Michigan’s dEvolving Cannabis Laws

Since Michigan legalized recreational marijuana in 2018, the state has worked to balance personal freedom with public safety. However, large-scale illegal grow operations and unregulated cannabis distribution continue to challenge law enforcement and the Cannabis Regulatory Agency (CRA). In response, lawmakers introduced a series of bills in October 2025 to tighten regulations and redefine penalties.

House Bill 5105, introduced in October 2025, would amend Michigan’s Public Health Code to reassert cannabis as a controlled substance and reintroduce criminal penalties for conduct already made legal under the Michigan Regulation and Taxation of Marihuana Act (MRTMA). The bill establishes new misdemeanor and felony penalties based on the weight of cannabis or concentrate possessed—potentially exposing ordinary adults and home growers to prosecution for activity currently protected by law.

The bill says “THE PEOPLE OF THE STATE OF MICHIGAN ENACT” like they all do. But did you enact it?

This approach conflicts with Michigan’s regulated cannabis system, where the state licenses, taxes, and profits from legal cultivation and sales. Keeping cannabis on the state’s controlled substances list is legally inconsistent and undermines the credibility of the voter-approved framework.

Komorn Law previously represented plaintiffs including John Sinclair and Josey Scoggin in a case seeking to remove cannabis from Michigan’s controlled substances list. The case was dismissed on standing, not on the merits, leaving the issue unresolved. Lawmakers have since failed to act despite multiple introductions of the “John Sinclair Act,” most recently by Rep. Jimmie Wilson Jr.

Of course there’s always the tie-bar

House Bill 5107

House Bill 5107, introduced in 2025 and tie-barred to HB 5105, would roll back key protections that Michigan voters approved in the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

Currently, adults 21 and over may legally keep up to 10 ounces of cannabis from retail sources plus any amount produced by up to 12 homegrown plants, provided it is secured and not sold. HB 5107 would eliminate that open- ended home-grow protection and instead cap total possession at 10 ounces plus 2.5 kilograms (about 5.5 pounds), regardless of harvest size. It would also impose a 200-gram limit on concentrates, which could include infused products like edibles and tinctures.

The bill further rewrites penalty sections so that exceeding these new limits could trigger criminal charges rather than civil fines—but only if HB 5105, which re-lists cannabis as a controlled substance, also becomes law.

In practice, this would re-criminalize conduct that has been lawful since 2018 and expose home growers to prosecution for ordinary harvests that naturally exceed the new limits.

By tying possession and cultivation back to weight thresholds, HB 5107 reintroduces the same quantity-based enforcement model voters deliberately ended when they approved legalization. If enacted, it would blur the line between personal use and criminal activity, undermine the MRTMA’s core protections, and mark a major step
backward for Michigan’s cannabis policy.

FAQs

Q1: Does HB 5105 affect medical marijuana users? A1: HB 5105 targets unlicensed manufacturing and large-scale possession. Registered medical users following state guidelines are not directly impacted.

Q2: Can concentrates lead to felony charges under HB 5105? A2: Yes. Possession of more than 10 kg of concentrate could result in felony charges under the proposed law.

Q3: Is HB 5105 already law? A3: No. As of November 2025, HB 5105 is still under review by the House Regulatory Reform Committee.

More Information

For more information, visit the Michigan Cannabis Regulatory Agency website. The foundation of the state’s cannabis market is the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), which governs the entire adult-use industry.

Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law from the district to federal court systems. So, when you’re ready to hire a lawyer who hates to lose, call the office at (248) 357-2550.