Delta-8 in Michigan

Delta-8 in Michigan

Delta-8 is a cannabis compound that has become popular because of its similarity to delta-9. Both delta-8 and delta-9 are cannabinoids and are similar in both their names and their chemical structures. THC is the part of the marijuana plant that produces the “high” associated with marijuana; the scientific name for THC is delta-9-tetrahydrocannabinol, or delta-9 THC, or just delta-9. Delta-8 is short for delta-8-tetrahydrocannabinol, or delta-8 THC. Delta-8 causes effects for users similar to regular delta-9.

Delta-8 occurs naturally in small quantities in cannabis, however most of the commercially available delta-8 has been synthesized through a conversion process that uses a variety of chemicals to convert hemp-derived CBD into delta-8.

Delta-8 – like delta-9 (regular THC) – binds to the body’s endocannabinoid system, which causes a user to feel high. Chemically, delta-8 and delta-9 are similar in that they both have a double bond in their structures. Both cannabinoids have a chain of carbon atoms, but delta-8 has the double bond on the eighth carbon, whereas delta-9 has it on the ninth carbon. This double bond is thought to produce the intoxicating effects that make the user feel high. Delta-8 binds to the endocannabinoid system in a slightly different fashion because of the location of its double bond. This is what is thought to make delta-8 much less potent than regular THC. However, more research needs to be done on delta-8 and how it interacts with the body.

It is important to note that delta-9 is naturally occurring in relatively high concentrations in marijuana flower while delta-8 is naturally occurring in marijuana flower but in very low concentrations. When you see a delta-9 concentrate product, the cannabinoids in that product were likely extracted directly from the cannabis plant (marijuana) and concentrated. However, when you see a delta-8 concentrate product, the cannabinoids in that product were likely synthetized and concentrated through a chemical process. Nearly all delta-8 THC is derived from CBD which has been extracted from federally legal hemp, not cannabis, which is why it is currently sold in many states where cannabis is illegal.

Delta-9 marijuana products are produced from cannabinoids found in the cannabis plant and are strictly regulated and subject to stringent testing standards. Conversely, delta-8 products are created using unregulated, chemically synthesized cannabinoids that are, often, entirely untested. Because of this clandestine synthesis process, delta-8 products can contain harmful additives and byproducts.

Side effects of delta-8 may be similar to those of delta-9, including dry mouth, red eyes, getting the munchies, short-term memory, paranoia, or anxiety. Delta-8 hasn’t been studied extensively and more research is needed on the effects it has on the mind and body.

The federal Drug Enforcement Administration has – in a proposed rule that is not yet final – indirectly classified delta-8 as a Schedule 1 controlled substance, which would make it federally illegal. The state of Michigan recently passed legislation that classified delta-8 as marijuana and therefore the production, distribution, and sale of delta-8 will now be regulated by the state’s Marijuana Regulatory Agency (MRA).

Effective October 11, 2021, it is illegal for businesses to sell delta-8 without proper licensing from the MRA. Members of the public can report unlicensed commercial production or sale of delta-8 to the MRA by emailing MRA-Enforcement@michigan.gov.

The MRA has created a one-page document with information about delta-8 and has made it available on the website here.

https://www.michigan.gov/cra/consumer-connection/delta-8-information

On the Controlled Substance List – Federally

Not federally legal anymore according to DEA on Feb 13, 2023 – Read about it here

Could change again. You know how the goal post keeps getting moved these days. Before you act on any information from the internet cnsult a human attorney and pay that attorney to tell you the right thing.

5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8 THC

Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD). 

It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets. 

Read the rest here

https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc

If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
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Police found my friend’s drugs in my car-What do I do?

Police found my friend’s drugs in my car-What do I do?

When you’re pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That’s up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The justice system is hungry… and it eats money to keep it fat.

In Michigan, if drugs are discovered in your car, you as the driver are responsible for them. Under Michigan law it is assumed that you have control of any property that may be present inside your vehicle, you could be arrested and charged with possession.

While you cannot always control what a passenger brings into your vehicle, you can still get into trouble if they have an illegal substance on their person. Even if you are in possession of the illegal drugs, you can still be charged with constructive possession

To Consent or not to Consent

A police officer cannot search your car without either your consent or reasonable suspicion. If a search was conducted unlawfully, the evidence might be suppressed, which would be to your advantage and possibly lead to the drug case being dismissed.

Although they may do so without your consent, the best preventive measure is to never consent to a police search of your vehicle. But if they already have discovered a friend’s drugs in your car, it’s crucial that you remain silent and refuse to give any interviews or statements without your lawyer present.

Admit Nothing

The majority of the time, when police have reason to believe you knew drugs were in your car, it’s because you confessed to knowing. Don’t make any admissions!

Police frequently act as though they are trying to help you or even say things that will make you think that cooperating with them might be advantageous for you. Always keep in mind that the police are not your friends and that admitting that you were aware that drugs were present will not help your case.

Even if the drugs in your car actually belong to a friend and you had nothing to do with their possession, the police must link you to their possession in order to arrest you.

If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
Call Now 248-357-2550

Don’t Take the Fall

Whether or not you knew that a friend’s drugs were in your car—and even if you didn’t—you could still be arrested. You must act to defend yourself because the drugs were discovered in a vehicle that is yours.

Prosecutors frequently hear the justification that “the drugs were someone else’s” because people are frequently stopped by police and claim that any drugs found in their vehicles were not theirs despite the fact that they were. “

The most crucial action you should take if the police find your friend’s drugs is to gather all the information and speak with an experienced Michigan criminal defense attorney.

Drug Possession and Criminal Defense Lawyer offers aggressive defense against DUI, Driving While High, Marijuana, Medical Marijuana and all criminal charges in Oakland County, Macomb County, Lapeer County, Washtenaw County, Ann Arbor, Birmingham, West Bloomfield, Grand Rapids, Lansing and The entire State of Michigan. Michigan.gov

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2021-2022 Michigan Bills Regarding Marijuana Legislation

2021-2022 Michigan Bills Regarding Marijuana Legislation

Search Criteria: Legislative Session = 2021-2022; Full Text (Bill Documents Only) = “marijuana,” AND “cannabis”

DocumentTypeDescription
SB 0186 of 2021
(PA 4 of 2021)
Senate BillAgriculture: industrial hemp; regulations for growing industrial hemp; modify. Amends secs. 103, 211, 301, 303, 305, 307, 309, 311, 401, 403, 405, 407, 503, 505, 509, 511, 601, 603, 605, 607 & 609 of 2020 PA 220 (MCL 333.29103 et seq.); adds sec. 602 & ch. VIII & repeals sec. 701 of 2020 PA 220 (MCL 333.29701).
HB 4249 of 2021House BillMedical marihuana: other; marihuana that contains or has been combined with vitamin E acetate; prohibit the processing and sale of. Amends secs. 502 & 504 of 2016 PA 281 (MCL 333.27502 & 333.27504) & adds sec. 407b.
HB 4250 of 2021House BillMarihuana: other; marihuana that contains or has been combined with vitamin E acetate; prohibit the processing and sale of. Amends secs. 3, 11 & 15 of 2018 IL 1 (MCL 333.27953 et seq.).
HB 4517 of 2021
(PA 56 of 2021)
House BillMarihuana: other; definitions of marihuana and industrial hemp; modify, and require the marijuana regulatory agency to promulgate rules regarding. Amends secs. 3 & 8 of 2018 IL 1 (MCL 333.27953 & 333.27958).
HB 4608 of 2021House BillMedical marihuana: other; use of billboards to advertise medical marihuana; prohibit. Amends secs. 102 & 206 of 2016 PA 281 (MCL 333.27102 & 333.27206) & adds sec. 506.
HB 4609 of 2021House BillMarihuana: advertising; use of billboards to advertise marihuana; prohibit. Amends secs. 3, 8 & 11 of 2018 IL 1 (333.27953 et seq.).
HB 4740 of 2021
(PA 57 of 2021)
House BillMarihuana: other; certain definitions in the medical marihuana facilities licensing act; modify. Amends sec. 102 of 2016 PA 281 (MCL 333.27102).
HB 4741 of 2021
(PA 58 of 2021)
House BillMarihuana: other; certain definitions in the industrial hemp growers act; modify. Amends sec. 103 of 2020 PA 220 (MCL 333.29103).
HB 4744 of 2021
(PA 61 of 2021)
House BillMarihuana: other; certain definitions in the industrial hemp research and development act; modify. Amends sec. 2 of 2014 PA 547 (MCL 286.842).
HB 4745 of 2021
(PA 62 of 2021)
House BillMarihuana: other; certain definitions in the Michigan Medical Marihuana Act; modify. Amends sec. 3 of 2008 IL 1 (MCL 333.26423).
HB 5061 of 2021House BillAgriculture: industrial hemp; certain activities under a processor-handler license and definition of industrial hemp commodity and product; modify. Amends title & secs. 2 & 7 of 2014 PA 547 (MCL 286.842 & 286.847) & adds sec. 11a.
HB 5300 of 2021House BillMedical marihuana: licenses; sale to and from licensed specialty medical growers; allow. Amends secs. 102, 201, 501, 502, 503 & 505 of 2016 PA 281 (MCL 333.27102 et seq.). TIE BAR WITH: HB 5301’21, HB 5321’21, HB 5319’21, HB 5302’21
HB 5301 of 2021House BillMedical marihuana: licenses; license for specialty medical grower; create. Amends title & secs. 3, 4, 4b, 5, 6, 7 & 8 of 2008 IL 1 (MCL 333.26423 et seq.) & adds sec. 4c. TIE BAR WITH: HB 5300’21, HB 5321’21, HB 5319’21, HB 5302’21
SB 0836 of 2022Senate BillAppropriations: licensing and regulatory affairs; appropriations for fiscal year 2022-2023; provide for. Creates appropriation act.
SB 0888 of 2022Senate BillState agencies (proposed): boards and commissions; the blockchain and cryptocurrency commission; establish. Creates new act.
HB 5706 of 2022House BillMarihuana: other; tribal marihuana businesses; allow marijuana regulatory agency to contract with Indian tribes regarding the operation of. Amends secs. 3, 7, 13 & 14 of 2018 IL 1 (MCL 333.27953 et seq.).
HB 5783 of 2022
(PA 166 of 2022)
House BillAppropriations: omnibus; appropriations for 2022-2023 and 2021-2022; provide for. Creates appropriation act.
HB 5792 of 2022House BillAppropriations: licensing and regulatory affairs; appropriations for fiscal year 2022-2023; provide for. Creates appropriation act.
HB 5839 of 2022House BillMarihuana: administration; spouses of applicants for licensure who hold certain positions in certain governmental bodies; prohibit the marijuana regulatory agency from denying an application based on. Amends sec. 7 of 2018 IL 1 (MCL 333.27957).
HB 5871 of 2022House BillMedical marihuana: facilities; transfer of medical marihuana from one facility to another; allow under certain circumstances, and prohibit a background check of an applicant’s spouse under certain circumstances. Amends secs. 402, 501, 502 & 504 of 2016 PA 281 (MCL 333.27402 et seq.).
HB 5877 of 2022House BillControlled substances: schedules; classification of marihuana and pharmaceutical-grade cannabis as a controlled substance; remove. Amends secs. 7212, 7214, 7303, 7401, 7401c, 7403, 7404, 7410, 7411, 7413, 7416, 8109, 8111, 8154, 8501 & 8503 (MCL 333.7212 et seq.)
HB 5965 of 2022House BillMedical marihuana: other; certain definitions in the medical marihuana facilities licensing act; modify. Amends sec. 102 of 2016 PA 281 (MCL 333.27102).
HB 6056 of 2022House BillMedical marihuana: other; marihuana plant waste; allow for the transportation and disposal of. Amends secs. 102, 201, 206, 501, 502, 503, 504 & 505 of 2016 PA 281 (MCL 333.27102 et seq.) & adds sec. 202.
HB 6057 of 2022House BillMarihuana: other; marihuana plant waste; allow for the transportation and disposal of. Amends secs. 3, 8 & 10 of 2018 IL 1 (MCL 333.27953 et seq.).
Can you drink and drive on private property in Michigan?

Can you drink and drive on private property in Michigan?

You can be arrested for DUI when on private property. Private means only so much. Michigan’s drunk driving law allows the police to arrest you for DUI or OUI even if you’re on your own property!

(1) A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated.

Michigan Legislature – Section 257.625

The Michigan Supreme Court says a driveway is no refuge for a drunken driver.

The court says Northville authorities could charge Gino Rea with drunken driving, even if his car never left the driveway. The court says a driveway is “generally accessible to motor vehicles” under state law, even if on private property.

Police went to Rea’s home three times one day in 2014 to respond to noise complaints. At one point, an officer saw him drive out of the garage and pull back in. His blood-alcohol level was three times the legal limit.

In a dissent Monday, justices Bridget McCormack and David Viviano say the court should be “hesitant to assume” that lawmakers wanted to extend their reach to the private property of homeowners.

Michigan Supreme Court Drunk Driving in Driveway

Can you consume cannabis and drive on private property in Michigan?

Marijuana and driving laws in Michigan prohibit operating a vehicle under the influence, consuming while operating a vehicle and smoking as a passenger in the passenger compartment. One would assume that drinking and consuming cannabis lead to a driving or operating under the influence issue and the answer would be.. NOPE

(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;

(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;

http://legislature.mi.gov/doc.aspx?mcl-333-27954

Can a passenger drink in a car in Michigan?

(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in …

Michigan Legislature – Section 257.624a

Can a passenger consume cannabis in a car in Michigan?

(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;

http://legislature.mi.gov/doc.aspx?mcl-333-27954

Legal Defense-DUI-OUI-Cannabis-Criminal in Michigan
Legal Defense-DUI-OUI-Cannabis-Criminal in Michigan

Here’s the transportation laws

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949

257.624a Transportation or possession of alcoholic liquor in open or uncapped container open or upon which seal broken; violation as misdemeanor; exception; subsections (1) and (2) inapplicable to passenger in commercial quadricycle; definitions.

Sec. 624a.

(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.

(2) Except as otherwise provided in subsection (5), a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger.

(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).

(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.

(5) Except as otherwise provided in this subsection, unless prohibited by local ordinance, subsections (1) and (2) do not apply to a passenger in a commercial quadricycle. A passenger in a commercial quadricycle shall not transport or possess alcoholic liquor other than beer, wine, spirits, or a mixed spirits drink.

(6) As used in this section:

(a) “Glove compartment” means a recess with a hinged and locking door in the dashboard of a motor vehicle.

(b) “Passenger area” means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.


History: Add. 1991, Act 98, Eff. Jan. 1, 1992 ;– Am. 1994, Act 211, Eff. Nov. 1, 1994 ;– Am. 1996, Act 493, Eff. Apr. 1, 1997 ;– Am. 1998, Act 349, Eff. Oct. 1, 1999 ;– Am. 2012, Act 306, Imd. Eff. Oct. 1, 2012 ;– Am. 2015, Act 126, Imd. Eff. July 15, 2015

If you or someone you know has been accused of a crime or DUI.
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In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.

Driving Under The Influence Penalties in Michigan

Driving Under The Influence Penalties in Michigan

Prescription drugs, medical marijuana, recreational cannabis, alcohol and more are considered to influence you in a way the law deems a crime.  Therefore you can be charged with operating a motor vehicle or driving under the influence and here are your possible penalties in the state of Michigan.

It can be a car, a boat, a moped, a motorcycle, a riding lawn mower, a hovercraft or as those of you from the future know all to well… spacecraft (even on auto pilot). Well you say – I’m on a horse and it knows it’s way home.  Well there’s a another special charge for you we won’t get into here.

  • –   a $100 to $500 fine and one or more of the following:
  • –   Up to 93 days in jail.
  • –   Up to 360 hours of community service.
  • –   Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
  • –   Possible vehicle immobilization
  • –   Possible ignition interlock
  • –    Six points added to driving record
  • –    Driver Responsibility Fee ($1,000 for 2 consecutive years)
  • –   $200 to $1000 fine, and one or more of the following:
  • –   5 days to 1 year in jail.
  • –   30 to 90 days of community service
  • –   Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • –    License plate confiscation.
  • –   Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
  • –    Possible vehicle forfeiture.
  • –    6 points added to the offender’s driving record.
  • –   Driver Responsibility Fee of $1,000 for 2 consecutive years.

From The State of Michigan Website

It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle.

Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana. 


Costs and Consequences of a Drunk Driving Conviction

Here are possible Michigan DUI / OWI Penalties for a first offender: 

If BAC is below .17 and this is a first offense:

  • Up to $500 fine
  • Up to 93 days in jail
  • Up to 360 hours of community service
  • Up to 180 days license suspension
  • 6 points on a driver’s license

If BAC is .17 or higher and this is a first offense:

  • Up to $700 fine
  • Up to 180 days in jail
  • Up to 360 hours of community service
  • Up to one year license suspension
  • 6 points on a driver’s license
  • Mandatory completion of an alcohol treatment program
  • Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.

Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.

Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

Safer Alternatives

Tens of thousands of people are arrested annually in Michigan for alcohol-related driving offenses. To avoid a drunk driving arrest and the costs associated with such an arrest:

  • Designate a sober driver before drinking alcohol
  • Call a friend, cab, ride service
  • Walk, or take the bus (and maybe get a public drunk ticket)
  • Stay overnight

If you are from the future then you may want to check out this page for any new laws or updates. I’m sure there are some because that’s all lawmakers do to justify their salaries. We don’t need so many and if you are from the future you may have defunded them already. Website (if the web is still a thing).

Need that OWI Slate Cleaned – Call Komorn Law

Michigan Annual Drunk Driving Audit

https://www.michigan.gov/msp/public-information/statistics/michigan-annual-drunk-driving-audit

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This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

Things You Should Know About Boating and Drinking

Things You Should Know About Boating and Drinking

Boating and Drinking


When boating and you’re the captain – drink all you want and if you’re driving – drink as much as you can because it’s hot out there. Just make sure it’s non alcoholic because nothing but a boatload of trouble comes with being arrested for skippering while under the influence. That means cannabis consumption too. Under the influence is a broad term but with specific rules. You could be under the influence of bad gas station sushi. Will you get in trouble for polluting the waters if you’re making an uncontrolled release into the environment ? If you’re under the influence you might. But that’s another subject. We are here for boating and drinking for now.

If it hasn’t been beaten into your skull a thousand times that drinking and boating is just as deadly as drinking and driving then where have you been hiding? Because it sounds like a good place to hang out. According to the U.S. Coast Guard alcohol-related accidents are the leading cause of boating fatalities. Furthermore, operating a boat under the influence of drugs or alcohol is a violation of Michigan’s boating alcohol laws and not knowing it’s against the law is not a good excuse.

If you have been accused of boating under the influence of alcohol or impaired by drugs contact our office now.

Michigan Boating Laws

Michigan Boating Laws


  (1) A person shall not operate a motorboat on the waters of this state if any of the following apply:

  (a) The person is under the influence of alcoholic liquor or a controlled substance, or both.

  (b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

  (c) The person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

NOTE: Marijuana is still on the Michigan controlled substance list even though it is “legal” as of this posting even though the team at Komorn Law has tried to have it removed.

  (2) The owner of a motorboat or a person in charge or in control of a motorboat shall not authorize or knowingly permit the motorboat to be operated on the waters of this state by a person if any of the following apply:

  (a) The person is under the influence of alcoholic liquor or a controlled substance, or both.

  (b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

  (c) The person’s ability to operate the motorboat is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

  (3) A person shall not operate a motorboat on the waters of this state when, due to the consumption of an alcoholic liquor or a controlled substance, or both, the person’s ability to operate the motorboat is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

  (4) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes the death of another person is guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of not less than $2,500.00 or more than $10,000.00, or both.

  (5) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes a serious impairment of a body function of another person is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

  (6) A person who is less than 21 years of age, whether licensed or not, shall not operate a motorboat on the waters of this state if the person has any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following:

  (a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

  (b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

Hmm… to 6b and if you got a kid under 16 with you you might as well add child endangerment charges to the book they are going to throw at you. Meanwhile in crazy town the guys with 150, 000 fentanyl pills get released. Meanwhile in other parts of crazy country – life sentences for marijuana.

  (7) A person, whether licensed or not, is subject to the following requirements:

  (a) He or she shall not operate a motorboat in violation of subsection (1), (3), (4), or (5) while another person who is less than 16 years of age is occupying the motorboat.

  (b) He or she shall not operate a motorboat in violation of subsection (6) while another person who is less than 16 years of age is occupying the motorboat.

  (8) As used in this section, “operate” means to be in control of a vessel propelled wholly or in part by machinery while the vessel is underway and is not docked, at anchor, idle, or otherwise secured.

If you are from the future. Please check the websites for any updates or new laws
Boat Laws: http://legislature.mi.gov/doc.aspx?mcl-324-80176

If you or someone you know has been accused of a crime, DUI or
operating a motor vehicle under the influence of a controlled substance.
Contact Komorn Law PLLC and turn your defense into an offense.
Call Now 248-357-2550

Here is the list of alcohol restrictions by park

Alcohol restrictions in state parks


For the purposes of safety and creating a more welcoming environment for boaters. Possessing or consuming alcoholic beverages within the following described locations on April 1 through Labor Day without written authorization of the park manager is against the law.

  • Fort Custer Recreation Area – entire park.
  • Holly Recreation Area – day-use areas south of McGinnis Road.
  • Island Lake Recreation Area- day-use areas in park, excluding rented shelters.
  • Metamora-Hadley Recreation Area – day-use areas in park.
  • Muskegon State Park – day-use area.
  • Pinckney Recreation Area – rented shelters in the Silver Lake and Halfmoon day-use areas.
  • P. J. Hoffmaster State Park – campground.
  • Proud Lake Recreation Area – day-use area east of Wixom Road.
  • Seven Lakes State Park – day-use areas of the park.
  • Sterling State Park – day-use areas in park.
  • Van Buren State Park – day-use and beach area.
  • Yankee Springs Recreation Area – Gun Lake day-use area.

March 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:

  • Grand Mere State Park – entire park.

April 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:

  • Brighton Recreation Area – Bishop Lake day-use area.
  • Warren Dunes State Park – entire park.

You may not possess or consume an alcoholic beverage at any time within the following described locations, without written authorization of the park manager:

  • Belle Isle Park – entire park.
  • Dodge #4 State Park – entire park.
  • Grand Haven State Park – entire park.
  • Holland State Park – entire park.
  • Maybury State Park – entire park.
  • Pontiac Lake Recreation Area – day-use areas in the park.
  • William G. Milliken State Park and harbor – entire park/harbor.
  • Yankee Springs Recreation Area – Deep Lake campground, mountain bike parking lot and boating access site 8-18.

Consuming alcoholic beverages or possessing an open alcoholic beverage are not allowed at locations below. This prohibition does not apply while on a vessel.

  • Big lake boating access site 3-1, section 14, T2N R12W, Allegan County
  • Green lake boating access site 3-4, section 10, T4N R11W, Allegan County.
  • Lake sixteen boating access site 3-9, section 16, T2N R11W, Allegan County.
  • Irving road boating access site 8-5, section 31, T4N R9W, Barry County.
  • Bristol lake boating access site 8-11, section 10, T1N R8W, Barry County.
  • Airport road boating access site 8-32, section 10, T3N R9W, Barry County.
  • Benton harbor boating access site 11-12, section 24, T4S R14W, Berrien County.
  • Jasper dairy road boating access site, 11-13, section 27, T5S R18W, Berrien County.
  • Buchanan boating access site 11-8, section 23, T7S R18W, Berrien County.
  • Goguac lake boating access site 13-2, section 14, T2S R8W, Calhoun County.
  • Hemlock lake boating access site 14-7, section 3, T5S R13W, Cass County.
  • Lake Fenton boating access site 25-2, section 14, T5N R6E, Genesee County.
  • Lake Ponemah boating access site 25-3, section 22, T5N R6E, Genesee County.
  • Long lake boating access site 34-2, section 3, T8N R7W, Ionia County.
  • East Tawas mooring facility (May 15 to Sept.15), Iosco County.
  • Sherman lake boating access site 39-2, section 29, T1S R9W, Kalamazoo County.
  • Morrow pond boating access site 39-5, section 22, T2S R10W, Kalamazoo County.
  • Eagle lake boating access site 39-6, section 9, T3S R12W, Kalamazoo County.
  • Rupert lake boating access site 39-9, section 5, T1S R12W, Kalamazoo County.
  • Sugar loaf lake boating access site 39-11, section 5, T4S R11W, Kalamazoo County.
  • Austin lake boating access site 39-14, section 26, T3S R11W, Kalamazoo County.
  • Murray lake boating access site 41-1, section 33, T8N R9W, Kent County.
  • Campau lake boating access site 41-2, section 12, T5N R10W, Kent County.
  • Camp lake boating access site 41-4, section 18, T9N R11W, Kent County.
  • Harley Ensign memorial boating access site 50-1, section 15, T2N R14E, Macomb County.
  • Selfridge boating access site 50-3, section 5, T2N R14E, Macomb County.
  • Clinton river cutoff boating access site 50-7, section 30, T2N R14E, Macomb County.
  • Little Whitefish lake boating access site 59-9, section 8, T11N R10W, Montcalm County.
  • Orchard lake boating access site 63-1, section 14, T2N R9E, Oakland County.
  • Tackles drive boating access site 63-4, section 13, T3N R8E, Oakland County.
  • Tipsico lake boating access site 63-18, section 30, T4N R7E, Oakland County.
  • Lake George boating access site 65-16, section 18, T21N R2E, Ogemaw County (May 20 through Sept. 15).
  • Lake St. Helen boating access site 72-14, section 21, T23N R1W, Roscommon County (May 20 through Sept. 14).
  • Klinger lake boating access site 75-2, section 2, T8S R11W, St. Joseph County.
  • Fishers lake boating access site 75-3, section 34, T5S R11W, St. Joseph County.
  • Clear lake boating access site 75-4, section 17, T6S R12W, St. Joseph County.
  • Gravel lake boating access site 80-3, section 31, T4S R13W, Van Buren County.
  •   Van Auken boating access site 80-7, section 33, T2S R16W, Van Buren County.
  • Three mile lake boating access site 80-8, section 21, T3S R14W, Van Buren County.
  • Lake Cora boating access site 80-10, section 18, T3S R14W, Van Buren County.
  • North Channel boating access site 74-1, section 9, T2N R16E, St. Clair County.

If you are from the future. Please check the websites for any updates or new laws
Parks: https://www.michigan.gov/dnr/places/state-parks/rules/alcohol-restrictions

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