2025 Marijuana Laws: What to do About Prior Marijuana Convictions in Michigan
- Royce Nunley
- Sep 5, 2019
- 4 min read
Updated: Jun 3
Expungement, Legalization, and the Evolving Marijuana Landscape in 2025
In 2018, Michigan voters made history by legalizing recreational marijuana for adults over the age of 21. While this was a major victory for cannabis reform, the new law left a critical question unanswered:
What happens to the people still carrying criminal records for marijuana-related offenses that are now legal?
At The Nunley Law Group, we’ve seen firsthand how outdated marijuana convictions continue to affect the lives of thousands of Michigan residents. From limited job opportunities to barriers in housing and education, the long-lasting impact of a marijuana conviction can be devastating—even in a post-legalization era.
From Criminal Record to Clean Slate: The Evolution of Marijuana Expungement in Michigan
In 2019, State Senator Jeff Irwin introduced legislation to automatically expunge low-level marijuana offenses in Michigan. While this effort was stalled at the time, momentum continued to grow.
By 2020, Michigan passed the Clean Slate legislation, one of the most progressive expungement reform packages in the country. In 2021, the law took effect, and by 2023, automatic expungement became available for certain marijuana-related misdemeanors.
Here’s what changed:
Individuals convicted of possession or use of marijuana that would be legal under current law may be eligible for automatic expungement.
Other marijuana offenses—such as distribution or cultivation without a license—may still require a formal petition to the court.
Expungement can remove barriers to employment, housing, student loans, and professional licenses.
Despite these positive steps, many eligible individuals have not taken advantage of the process—often due to confusion, misinformation, or fear of the legal system.
Recreational Use Is Legal—But Not Without Limits
Even with legalization, it’s important to know that marijuana is not a legal free-for-all in Michigan. Here are the current laws as of 2025:
What’s Legal:
Adults 21+ may possess up to 2.5 ounces of marijuana in public and up to 10 ounces at home.
Individuals may grow up to 12 plants at home for personal use.
Licensed retailers may legally sell cannabis products for both recreational and medical purposes.
What’s Still Illegal:
Driving under the influence of marijuana is a criminal offense.
Unlicensed distribution or sale of marijuana is illegal and may result in felony charges.
Public consumption is prohibited under state law.
Federal property (even within Michigan) follows federal law, where marijuana remains illegal.
Local Control Adds Another Layer of Complexity
Under Michigan’s recreational marijuana law, local governments have the authority to regulate or prohibit marijuana businesses within their borders. That means:
Some cities and townships have banned dispensaries entirely.
Others impose zoning, licensing, or use restrictions that differ from state law.
What’s legal in Ann Arbor or Detroit may result in a ticket—or even an arrest—in other jurisdictions.
This patchwork of regulations is one reason misunderstandings about marijuana laws remain widespread.
Why So Much Confusion?
Despite legalization and reform, marijuana laws remain one of the most misunderstood areas of criminal law in Michigan. Reasons include:
Rapid changes in laws since 2008
Differing rules between state and federal governments
Varying enforcement across cities and counties
Misinformation on social media and outdated websites
This is exactly why you need legal guidance—especially if you're facing charges or seeking expungement.
Don’t Wait on Lansing—Clear Your Record Now
Even with Clean Slate reforms in place, not all marijuana convictions are automatically erased, especially those involving distribution, larger quantities, or felony charges. You may still need to:
File a petition for expungement
Gather court records and documentation
Appear at a hearing to advocate for your case
At The Nunley Law Group, we guide clients through every step of the expungement process and help them understand their rights under both state and local marijuana laws.
Are You Eligible for Expungement?
In Michigan, as of 2025, you may qualify for expungement if:
It has been five years since your conviction or completion of sentence.
The offense is non-violent, non-traffic, and qualifies under the Clean Slate law.
You have no pending criminal charges at the time of your application.
If your conviction involved marijuana and would not be a crime today, you may qualify for automatic expungement—or a petition-based expungement that our firm can help you file.
Let’s Clear Your Record—And Your Future
The legalization of marijuana in Michigan should mean a fresh start—but only if you take action. Whether you want to clear your record, fight a marijuana-related charge, or simply understand your rights, The Nunley Law Group is here to help.
Contact us today for a confidential consultation. Let us help you leave the past behind and move forward with confidence.
| About the Author
Email. Royce@nunleylawgroup.com
Tel. 586-778-4555
Royce Nunley is the founder and lead attorney at The Nunley Law Group, where he represents clients in the areas of Family Law, Criminal Defense, Social Security Disability, and Personal Injury. Known for his client-focused approach and legal insight, Royce is deeply committed to delivering personalized legal solutions tailored to each individual's needs.
Royce earned his Bachelor’s Degree in Spanish, Cum Laude, from Wayne State University, and continued his education at Wayne State University Law School, where he received his Juris Doctorate, also Cum Laude. His academic excellence laid a strong foundation for a career marked by both compassion and tenacity in the courtroom.
Royce has been recognized for his outstanding work in Family Law, earning the distinction of Super Lawyers "Rising Star" for six consecutive years—2019 through 2024—an honor reserved for only the top 2.5% of attorneys in the state.
With a reputation for taking the time to truly understand his clients and their legal challenges, Royce ensures that every person who walks through his door receives the respect, transparency, and tireless advocacy they deserve.
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