Michigan’s cannabis industry is facing significant headwinds, from oversupply and falling prices to persistent illicit market activity. In a recent public meeting, Brian Hanna, the executive director of the Michigan Cannabis Regulatory Agency (CRA), made a clear and direct plea to industry stakeholders: if they want to see meaningful change, they must actively lobby state lawmakers. This call to action highlights the growing recognition that regulatory adjustments alone may not be enough to address the market’s fundamental challenges.

The background to this urgent message is the rapid evolution of Michigan’s cannabis market since recreational sales began in late 2019 under the Michigan Regulation and Taxation of Marihuana Act (MRTMA). While the state quickly became one of the nation’s largest cannabis markets, it also became saturated. An “unlimited licensure” model, where anyone meeting criteria can apply for a license, combined with ambitious cultivation, has led to a massive oversupply of product. This glut has driven down prices significantly, squeezing profit margins for licensed businesses and making it difficult for many to stay afloat.

Here’s more about the situation and related facts

Oversupply and Falling Prices:

• Explanation: Michigan has a significant excess of cannabis product. As of May 2025, there were 1.11 million pounds of “fresh frozen” flower at growers and processors, a substantial increase from the previous year. This oversupply has caused retail prices to plummet, with the average cost of an ounce of adult-use marijuana falling drastically since 2020. This makes it hard for businesses to be profitable.
• Source: Michigan marijuana sales stabilize, but more pain is on the way | Crain’s Detroit Business

Challenges from the Illicit Market:

• Explanation: Unlicensed cannabis activity continues to pose a significant threat to the regulated market. Illicit operators do not face the same regulatory burdens, testing requirements, or taxation, allowing them to undercut legal businesses on price.

Hemp-Derived Intoxicating Products:

• Explanation: The proliferation of intoxicating hemp-derived products, such as Delta-8 THC, which fall into a grey area of regulation due to federal hemp laws, further complicates the market. These products often lack the strict testing and oversight required for state-regulated cannabis.

CRA’s Limited Power:

• Explanation: While the Cannabis Regulatory Agency (CRA) is working to address issues through enforcement and proposed rule changes (e.g., those relating to product safety and illicit material), Director Hanna emphasized that some systemic changes require legislative action. The CRA wants more tools, like the ability to immediately suspend a license if safety is jeopardized.

• Source: Michigan cannabis regulator urges industry to lobby lawmakers for change – Yahoo News

Lobbying Defined (MCL 4.415):

• Explanation: Lobbying in Michigan involves communicating directly with state government officials to influence legislative or administrative action. This often includes providing information, statistics, and analysis to persuade lawmakers. Industry members engaging in such activities may need to register as lobbyists if their expenditures or compensation meet certain thresholds.

• Michigan Law: MCL 4.415 defines “Lobbying” and “Lobbyist.”

• Source: MCL – Section 4.415 – Michigan Legislature

Lobbying Defined (MCL 4.415):

• Explanation: Lobbying in Michigan involves communicating directly with state government officials to influence legislative or administrative action. This often includes providing information, statistics, and analysis to persuade lawmakers. Industry members engaging in such activities may need to register as lobbyists if their expenditures or compensation meet certain thresholds.

• Michigan Law: MCL 4.415 defines “Lobbying” and “Lobbyist.”

• Source: MCL – Section 4.415 – Michigan Legislature

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court

Being accused of breaking and entering or home invasion in Michigan can be a very serious matter. These charges carry severe penalties, including lengthy prison sentences and hefty fines, impacting an individual’s future significantly. It’s crucial to understand the differences between these crimes and the specific elements the prosecution must prove for a conviction.

While both crimes involve unlawfully entering a property, Michigan law distinguishes between them based on the type of property entered and other aggravating factors. Knowing these distinctions is key to comprehending the legal landscape surrounding these offenses. This article will break down the elements, penalties, and what you need to know if you or someone you know is facing these charges in Michigan.

Breaking and Entering: Unlawful Entry into Various Structures

Breaking and entering, under Michigan law, generally refers to unlawfully entering a wide range of buildings or structures, not just homes. This crime focuses on the act of gaining unauthorized entry with a specific criminal intent. The “breaking” part doesn’t necessarily mean smashing a window; it can be as simple as pushing open an unlocked door or raising a partially open window to gain entry. The key is that some force, however minimal, was used to create an opening or enlarge an existing one for entry.

The law aims to protect property owners from unauthorized intrusions into their businesses, warehouses, or other non-residential structures. The severity of the charge often depends on the intent of the person entering – whether they planned to steal something or commit another felony inside.

Michigan Law:  Breaking and Entering

Key Elements:

• Breaking: Some force, however slight, was used to create or enlarge an opening for entry (e.g., pushing open a door, raising a window).
• Entering: Any part of the person’s body or an object controlled by them crossed the threshold of the structure.
• Structure: This can include a tent, hotel, office, store, shop, warehouse, barn, factory, boat, ship, shipping container, or railroad car.
• Intent: The person intended to commit a felony or a larceny (theft) inside the structure at the time of breaking and entering.

Penalties:

Breaking and entering can be a felony punishable by imprisonment for not more than 10 years.

Michigan Law: MCL 750.110

Michigan Law: Home Invasion

(Targeting Dwellings with Greater Severity)

Home invasion is a more serious offense than general breaking and entering because it specifically targets dwellings—places where people live. The law recognizes the increased sense of violation and danger when someone’s home is invaded. This crime also considers additional factors, such as whether a weapon was involved or if someone was present in the home, which escalate the charges to different “degrees.”

The severity of a home invasion charge is directly tied to the circumstances surrounding the unlawful entry. Michigan’s home invasion statute is designed to provide harsher penalties for invasions that pose a greater threat to personal safety.

Degrees of Home Invasion and Key Elements:

• First-Degree Home Invasion:
  Breaking and entering a dwelling or entering a dwelling without permission. With intent to commit a felony, larceny, or assault within the dwelling, OR committing a felony, larceny, or assault while entering, present in, or exiting the dwelling. AND at the time, either the person was armed with a dangerous weapon OR another person was lawfully present in the dwelling.
  Penalties: Felony punishable by imprisonment for not more than 20 years and/or a fine of up to $5,000.
• Second-Degree Home Invasion:
  Breaking and entering a dwelling or entering a dwelling without permission. With intent to commit a felony, larceny, or assault within the dwelling, OR committing a felony, larceny, or assault while entering, present in, or exiting the dwelling.
  Penalties: Felony punishable by imprisonment for not more than 15 years and/or a fine of up to $3,000.
• Third-Degree Home Invasion:
  Breaking and entering a dwelling or entering a dwelling without permission. With intent to commit a misdemeanor inside, or committing a misdemeanor while entering, present in, or exiting. OR violating a protection order, bond condition, or other pretrial release condition.
  Penalties: Felony punishable by imprisonment for not more than 5 years and/or a fine of up to $2,000.

Michigan Law: MCL 750.110a – Home invasion

Facing State or Federal Charges?

While breaking and entering and home invasion are typically state charges, in some specific circumstances, these offenses or related activities could escalate to federal involvement, especially if they are part of a larger federal crime, such as drug trafficking or organized crime, or if they occur on federal property.

If you find yourself in the federal courtroom facing serious criminal charges, including those that might have originated from a state-level offense but have federal implications, you need an attorney with experience navigating the complexities of federal law.

Attorney Michael Komorn of Komorn Law PLLC has extensive experience in criminal legal defense since 1993, representing clients in the federal court system. His firm takes an aggressive approach to all issues, ensuring clients receive a robust defense against severe federal charges.

FAQs

Breaking and Entering / Home Invasion in Michigan

Q: What is the main difference between “breaking and entering” and “home invasion” in Michigan?

A: The main difference is the type of property. “Breaking and entering” applies to a wider range of structures (like businesses, warehouses), while “home invasion” specifically applies to dwellings (places where people live). Home invasion also has different degrees based on factors like weapons or presence of others, leading to harsher penalties.

Q: Does “breaking” always mean forcing a lock or breaking a window?

A: No, “breaking” can be very minimal. It can include pushing open an unlocked door, raising a partially open window, or removing a screen. Any small amount of force used to create or enlarge an opening to enter can qualify.

Q: What does “intent to commit a felony or larceny” mean in these laws?

A: This means that at the moment the person breaks and enters, they must have had the plan or goal to commit another serious crime (a felony) or to steal something (larceny) once inside. The prosecution needs to prove this intent, which can be challenging without direct evidence.

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

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court

The recent arrest and felony charges against a juvenile detention center employee for allegedly supplying marijuana gummies to minors serve as a stark reminder that despite Michigan’s progressive cannabis laws, serious penalties still exist for drug-related offenses. For those facing such charges, understanding the complex interplay of state and federal law, and securing experienced legal representation, is paramount.

Marijuana: Still a Controlled Substance, Federally and in Michigan (with Nuances)

While Michigan has legalized recreational and medical marijuana under the Michigan Regulation and Taxation of Marijuana Act (MRTMA) and the Michigan Medical Marihuana Act (MMMA), it is crucial to understand that marijuana remains a controlled substance under both federal and, in certain contexts, state law.

Federally, as of July 2025, marijuana continues to be classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). While there are ongoing discussions and proposals to reclassify it to Schedule III, and the DEA finalized this move in January 2025, it still means manufacturing, distributing, or possessing marijuana can lead to federal charges, even in states where it is legal. Federal jurisdiction often applies to cases involving federal property, interstate commerce, or large-scale operations.

In Michigan, the MRTMA and MMMA provide specific legal frameworks for adult recreational use and qualified medical patients. However, these laws come with strict limitations and exceptions. For instance, providing marijuana to minors, as alleged in the recent detention center case, is explicitly illegal and carries severe felony penalties. The MRTMA does not shield individuals who engage in activities outside the scope of its defined allowances, such as exceeding possession limits, public consumption in prohibited areas, or, critically, unauthorized distribution, especially to those under 21.

How Prosecutors Can Bypass MRTMA Protections

Prosecutors in Michigan can, and often do, bypass the perceived protections of the MRTMA and MMMA when individuals engage in conduct that falls outside the defined legal parameters. Key areas where this occurs include:

• Distribution to Minors: The most direct bypass. The MRTMA is designed for adults 21 and over. Supplying marijuana to individuals under the legal age is a serious felony offense, punishable under Michigan’s broader drug statutes, not the civil infraction provisions of the MRTMA for minor adult violations.
• Commercial Activity Without Licensure: Operating outside the state’s regulated and licensed cannabis market for commercial gain can lead to felony charges for illegal manufacturing, distribution, or sales.
• Exceeding Possession or Cultivation Limits: While the MRTMA allows for certain possession and cultivation amounts, exceeding these limits can result in escalating penalties, from civil infractions to misdemeanors and even felonies, depending on the quantity.
• Operating Under the Influence: The MRTMA does not permit driving under the influence of marijuana, and individuals can face OWI (Operating While Intoxicated) charges.
• Federal Jurisdiction: As mentioned, any activity that crosses into federal jurisdiction, such as possession on federal property or involvement in interstate drug trafficking, will not be protected by Michigan’s state laws.
• Contraband in Correctional Facilities: Introducing any controlled substance into a detention facility, regardless of its state legal status, is a distinct and serious felony offense.

Why You Need Specialized and Experienced Legal Defense

When facing severe drug charges, particularly those involving controlled substances like marijuana that operate in a complex legal landscape of state-specific legalization and federal prohibition, the stakes are incredibly high. This is not a situation for a general practitioner. You need a law firm with a deep and nuanced understanding of both the Michigan Regulation and Taxation of Marijuana Act and its interplay with broader state and federal drug laws.

Komorn Law stands out as a preeminent legal defense firm with unparalleled experience in Michigan’s cannabis laws. Michael Komorn and his team have been at the forefront of cannabis defense since the inception of medical marijuana laws in Michigan, actively shaping and interpreting the legal landscape. Their expertise encompasses:

Aggressive Criminal Defense: They are renowned for their tenacious approach to defending clients against serious felony charges, including drug possession, distribution, manufacturing, and conspiracy.

Understanding of Prosecutorial Tactics: Komorn Law is well-versed in how prosecutors leverage existing laws to pursue charges, even when individuals believe their actions fall under state protections. They can identify the specific legal avenues prosecutors might use to bypass the MRTMA.

Trial Experience: With extensive experience in district, circuit, and federal courts, Komorn Law is prepared to take your case to trial if necessary, fighting tirelessly for your rights and a favorable outcome.

Protecting Your Future: Beyond the immediate charges, a conviction can have long-lasting consequences on your freedom, employment, and reputation. Komorn Law is dedicated to minimizing these impacts and protecting your future.

If you or a loved one are facing serious drug charges related to marijuana, do not assume Michigan’s legalization laws will protect you. The complexities of state and federal regulations, and the determination of prosecutors to enforce specific provisions, necessitate the most capable legal defense.

Contact Komorn Law today for a consultation and ensure your rights are rigorously defended.

Michigan’s legalization of recreational marijuana in 2018 brought new freedoms, but it’s crucial for every driver to understand a critical distinction: while consuming marijuana is legal for adults over 21, driving under its influence is absolutely not. Operating While Intoxicated (OWI) laws in Michigan apply equally to alcohol and drugs, including marijuana. Getting behind the wheel while impaired by cannabis can lead to serious penalties, just like drunk driving.

The Complexity of Marijuana OWI Charges

Unlike alcohol, where a specific blood alcohol content (BAC) of 0.08% or higher automatically means intoxication, marijuana OWI cases are more complex.

No “Per Se” THC Limit: Michigan does not have a “per se” (meaning “by itself”) THC limit for driving impairment. This means there isn’t a specific amount of THC in your blood that automatically proves you’re too impaired to drive.

This is largely because THC can stay in a person’s system for days or even weeks after the intoxicating effects have worn off, making a simple blood test for presence of THC an unreliable indicator of current impairment. The Impaired Driving Safety Commission, a body created by the Michigan Legislature, has even recommended against establishing a per se THC limit due to this poor correlation between THC bodily content and driving impairment.

“Under the Influence” Standard: For marijuana OWI, the prosecution must prove that your ability to operate a motor vehicle was “visibly impaired” or that you were “under the influence” of marijuana. This means the drug had a significant effect on your mental or physical condition, preventing you from driving in a normal manner. (MCL 257.625(1))

How Impairment is Determined

Law enforcement officers use several methods to assess marijuana impairment:

Observation: Officers will look for visible signs of impairment during a traffic stop, such as:

Erratic driving (swerving, speeding, slow driving)
Bloodshot eyes
Slurred speech or difficulty communicating
Disorientation or confusion
Odor of smoked marijuana in the vehicle

Field Sobriety Tests (FSTs): While often associated with alcohol, officers may administer FSTs (like the walk-and-turn or one-leg stand) to evaluate balance, coordination, and mental processing. It’s important to remember that FSTs are designed primarily for alcohol impairment and can be influenced by many factors unrelated to drug use.

Drug Recognition Experts (DREs): If an officer suspects drug impairment and a breathalyzer test shows little to no alcohol, they may call in a Drug Recognition Expert.

DREs are specially trained officers who conduct a standardized 12-step evaluation to determine if a driver is impaired by drugs and, if so, which category of drugs. This involves a series of physical and mental assessments, including checking vital signs, eye movements, and muscle tone.

Blood Tests: If probable cause for OWI is established, officers can request a blood draw.

Blood tests can detect the presence of THC and its metabolites. While the presence of THC alone isn’t enough for a conviction (due to the lack of a per se limit), it serves as evidence that the substance was consumed.

Common Defenses for Marijuana OWI Cases

Successfully defending against a marijuana OWI charge often involves challenging the prosecution’s evidence of impairment:

Challenging the Traffic Stop: Was there a lawful reason for the stop? If the stop was illegal, any evidence gathered afterward might be inadmissible.

Disputing Impairment: An attorney can argue that any observed signs of impairment were due to factors other than marijuana (e.g., fatigue, medical condition, anxiety, poor lighting).

Questioning DRE Protocol: The DRE protocol is specific, and any deviations by the officer can be challenged in court. The reliability of DRE testimony can also be scrutinized.

Accuracy of Blood Tests: While blood tests confirm presence, the timing of the test relative to consumption can be critical. An attorney can argue that the THC in your system was from past use and not indicative of current impairment.

Medical Marijuana Patients: If you are a registered medical marijuana patient, the Michigan Medical Marihuana Act (MMMA) provides some protection. You cannot be prosecuted solely for having THC in your system; the prosecution must prove actual impairment. This exception, established in People v. Koon, is a key defense for medical users

a marijuana OWI charge in Michigan requires a deep understanding of complex and evolving laws. Komorn Law, established in 1993, has the extensive experience and expertise to fight your case effectively, from district to federal court systems. Our team is well-versed in the nuances of Michigan’s marijuana laws, the science of impairment, and the strategies necessary to challenge OWI charges. We are dedicated to protecting your rights and ensuring you receive a vigorous defense. When you’re ready to hire a lawyer who hates to lose, call our office  (248) 357-2550.