Summary — HB 5105 (Introduced Oct. 22, 2025)
Title: Crimes: penalties; penalties regarding certain crimes involving marihuana; modify. (Amends MCL 333.7401)
Sponsor: Rep. Pauline Wendzel; cosponsors (version introduced Oct. 22, 2025): Reps. Aragona, Borton, Fairbairn, Wozniak, Neyer.
Committee: Regulatory Reform. Tie-bar: HB 5107 (bill must be enacted for HB 5105 to take effect). Status: Filed Mar 13, 2025; public hearing Apr 14, 2025 (left pending); bill electronically reproduced Oct 22, 2025 and referred to Regulatory Reform.
Purpose / Intent
HB 5105 revises criminal classifications and penalties in the Public Health Code (MCL 333.7401) for manufacturing, delivering, or possessing with intent to manufacture or deliver marihuana. It changes the weight/plant thresholds that determine offense classes, lowers certain maximum prison terms, raises or restructures maximum fines in some tiers, and newly creates penalty tiers based on amounts of marihuana concentrate (resin/oils/extracts).
Key substantive changes
- Adds explicit penalty tiers for marihuana concentrates (resin/oil/extracts) with specific weight thresholds (kilograms).
- Raises the quantity thresholds required for higher felony classifications for plant and bulk marihuana amounts (e.g., moves some tier cutoffs from 5 kg, 45 kg, etc., to higher amounts).
- Reduces maximum imprisonment in several higher tiers (for example, the top tier maximum prison term is reduced from 15 years to 10 years in the bill’s structure).
- Introduces a low-tier misdemeanor for certain mid-range amounts of marihuana (e.g., 10–25 kg; 50–99 plants; or 1–2.5 kg of concentrate): punishable by up to 1 year in jail and/or up to $20,000 fine.
- Adjusts felony penalties for intermediate tiers with lower maximum prison terms (2–4 years for some tiers) but increases maximum monetary fines in some tiers (e.g., up to $2,000,000 or $10,000,000 in higher tiers).
Representative penalty structure under the bill (high-level):
- Misdemeanor tier: 10–25 kg, or 50–99 plants, or 1–2.5 kg concentrate — up to 1 year jail and/or up to $20,000 fine.
- Felony tiers: escalating bands (25–125 kg; 125–250 kg; 250+ kg) with corresponding imprisonment maximums (2, 4, and 10 years respectively) and fines up to $500,000; $2,000,000; and $10,000,000 respectively — parallel plant- and concentrate-based thresholds mirror these bands.
The bill retains application to marihuana, mixtures containing marihuana, and specified synthetic tetrahydrocannabinol isomers.
Who is affected
- Individuals charged with manufacturing, delivering, or possessing with intent to distribute marihuana or concentrates in Michigan: reclassification may reduce incarceration exposure for some quantity ranges and increase monetary penalties for others.
- State corrections and probation systems: potential change in incarceration and supervision demand.
- Local jails and misdemeanor probation systems: possible increase in misdemeanor convictions/costs.
- Courts and prosecutors: changes in case classifications, sentencing ranges, and caseload impacts.
- Public and county law libraries: potential increase in penal fine revenue (statutorily designated recipients).
Fiscal and operational impacts
- House Fiscal Agency labels fiscal impact as indeterminate.
- Potential state savings from reduced average prison terms. FY2024 average state prison cost cited ≈ $46,200 per incarcerated person; parole/felony probation ≈ $5,500 per supervisee.
- Potential increases in penal fine revenue (used for public/county law libraries).
- Possible increased local costs for jails and misdemeanor probation; and variable impacts on local court workloads. Exact fiscal effect depends on future enforcement and conviction patterns.
Procedural / Timing notes
- The bill contains an enactment condition: it does not take effect unless HB 5107 (which modifies adult-use possession/cultivation allowances under the Michigan Regulation and Taxation of Marihuana Act) is enacted.
- Introduced Mar 13, 2025; public hearing Apr 14, 2025 (left pending); reintroduced/republished Oct 22, 2025 and referred to Regulatory Reform.
