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HB 5107

Marihuana: penalties and remedies; marihuana for personal use and possession; modify allowable amounts of. Amends secs. 5 & 15 of 2018 IL 1 (MCL 333.27955 & 333.27965). TIE BAR WITH: HB 5105'25

2025-2026 Regular Session Introduced by Joe Aragona and 5 co-sponsors

HB 5107 tightens in-home cannabis limits and reshapes penalties, keeping many civil thresholds but making certain higher-amount violations misdemeanors with limited jail risk.

referred to second reading
#crimes:penalties #marihuana:penaltiesandremedies
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Bill Summary · HB 5107

Summary — HB 5107 (2025)

Sponsor: Rep. Mike Hoadley
Amends: 2018 IL 1, Michigan Regulation and Taxation of Marihuana Act (MCL 333.27955 & 333.27965)
Companion: SB 892
Tie-bar: Bill does not take effect unless HB 5105 is also enacted (HB 5105 would amend the Public Health Code on marijuana-related penalties)

Introduced/filed: March 13, 2025; latest electronic reproduction/introduced copy dated October 22, 2025. Referred to Committee on Regulatory Reform.

Purpose

HB 5107 modifies allowable amounts of adult-use (21+) marijuana possession, storage, processing, and home cultivation under the Michigan Regulation and Taxation of Marihuana Act, and revises the misdemeanor thresholds and penalties tied to possession/cultivation/delivery amounts.

Key provisions — what the bill would change

  • Clarifies/limits lawful possession outside and inside a residence:

    • Outside a residence (general rule remains): possess, use, purchase, transport, etc., up to 2.5 ounces of marijuana, with no more than 15 grams as marijuana concentrate. (2.5 oz ≈ 70.9 g; 15 g ≈ 0.53 oz.)
    • Inside a person’s residence, a person 21+ may:
    • Possess, store, and process up to 10 ounces of marijuana, but not more than 200 grams of that may be marijuana concentrate. (10 oz ≈ 283.5 g; 200 g ≈ 7.1 oz.)
    • Possess, store, and process up to 2.5 kilograms of marijuana produced by plants cultivated on the premises, but not more than 200 grams may be concentrate. (2.5 kg ≈ 5.5 lb / 88.2 oz.)
    • Cultivate up to 12 marijuana plants for personal use (no change from current law).
    • Giving/transferring without remuneration up to 2.5 ounces (≤15 g concentrate) to another 21+ person remains allowed (not advertised/promoted to public).

  • Penalty/threshold adjustments (amends section 15):

    • Civil infraction thresholds for amounts at or below the section 5 limits remain (fines up to $100).
    • Possessing/cultivating/delivering up to twice the allowed amounts retains escalating civil fines for first/second violations and becomes a misdemeanor for third or subsequent violations (same structure as current law).
    • The bill narrows the range treated as a misdemeanor (without presumptive imprisonment) to:
    • Possessing more than twice the allowed amount but less than 10 kilograms total marijuana OR less than 1 kilogram marijuana concentrate; OR
    • Cultivating more than twice the allowed amount but fewer than 50 plants; OR
    • Giving away more than twice the allowed amount.
    • For those conduct levels declared misdemeanors by the bill, imprisonment is not applicable unless the violation was habitual, willful and for commercial purposes, or involved violence.
    • Amounts at or above 10 kilograms (or ≥1 kg concentrate) or cultivation of 50+ plants fall outside these misdemeanor provisions and are subject to other statutory penalties (potentially more serious).

  • Existing prohibitions/exceptions remain unchanged (e.g., transfers to under-21, under-21 possession, public consumption, operating vehicles under the influence, possession on school/correctional grounds, visible unsecured cultivation, solvent-based extraction in public).

Who is affected

  • Adults 21+ who possess, store, process, cultivate, or transfer marijuana — particularly household storage and concentrate holders — by changing allowed in-home limits and specifying in-home concentrate caps.
  • Individuals exceeding amended limits (but under the new upper thresholds) who would face misdemeanor penalties rather than civil infractions or felony-level treatment under other statutes.
  • Local criminal justice systems: possible changes in misdemeanor case volumes and local costs if convictions result in jail or probation (see fiscal impact).

Fiscal impact and enforcement

  • The House Fiscal Agency describes the fiscal impact as indeterminate. Because the bill keeps imprisonment off the table for many violations (unless aggravating factors apply), changes primarily affect misdemeanor handling. If misdemeanor convictions result in local jail time or increased local misdemeanor probation, county jail and probation costs could rise in some jurisdictions. The degree and distribution of those effects are uncertain.

Procedural / timing notes

  • HB 5107 contains an enacting clause tying its effective date to enactment of HB 5105; it does not take effect unless HB 5105 is enacted.
  • As of the most recent version, the bill has been introduced and referred to committee (Regulatory Reform). Check legislative tracking for committee action and companion SB 892 status.

Sections amended

  • MCL 333.27955 (section 5 — permitted acts for 21+)
  • MCL 333.27965 (section 15 — penalties and punishments)

For full statutory text and legislative analysis, see the House Fiscal Agency analysis and the bill text at the Michigan Legislature website.

Compiled from official sources — confirm details with the bill’s official record.

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