Michigan
Michigan state laws, regulations, court decisions, and active legislation
Overview
Michigan's legal system has undergone significant transformation, particularly in the areas of voting rights, reproductive freedom, and labor law. The state made history by becoming the first state to repeal a right-to-work law (2024) and by enshrining reproductive and voting rights in the state constitution through citizen-initiated amendments in 2022.
Michigan's legal landscape includes a robust recreational cannabis market, moderate firearms regulations (including new safe storage and red flag laws enacted in 2023), and the legacy of the Flint water crisis, which reshaped environmental and public health law in the state. The auto industry's presence makes labor and employment law particularly significant.
Court Structure
Michigan's court system includes district courts, circuit courts (general jurisdiction), the Court of Appeals (organized into four districts), and the Michigan Supreme Court. Supreme Court justices are elected in nonpartisan elections for eight-year terms. The state has a unique Court of Claims that handles cases against the state.
Unique Laws & Facts
- •Michigan was the first English-speaking government to abolish the death penalty (1846)
- •The state was the first to repeal a right-to-work law (2024)
- •Michigan voters enshrined reproductive rights in the constitution via Proposal 3 (2022)
- •The state allows up to 12 cannabis plants for home cultivation — among the most permissive
- •Michigan has a unique Court of Claims for lawsuits against the state
Legal Landscape
Michigan's legal landscape is marked by recent progressive constitutional amendments on voting and reproductive rights, pioneering labor law changes, and ongoing environmental accountability from the Flint water crisis. The state's auto industry heritage and Great Lakes stewardship create distinctive legal frameworks.
Key Michigan Laws (23)
Operating Under the Influence of Alcohol or Drugs (OWI)
Michigan's OWI limit is 0.08% BAC, with enhanced penalties at 0.17%. First offense carries up to 93 days in jail, fines up to $500, and a 30-day license suspension. High BAC offenses double the potential jail time and require ignition interlock devices. A 7-year lookback applies.
Michigan Regulation and Taxation of Marihuana Act (Proposal 1)
Michigan allows adults 21+ to possess up to 2.5 ounces and grow up to 12 plants at home. A combined 16% tax applies to retail sales. Revenue funds schools, roads, and local government. Municipalities may opt out of allowing cannabis businesses.
Security Deposit Act – Limitations and Return Requirements
Michigan caps security deposits at 1.5 months' rent. Deposits must be returned within 30 days with itemized damages, or the tenant may recover double. No statewide rent control. A 30-day notice is required for lease termination and 7 days for non-payment eviction.
Operating While Intoxicated (OWI)
Michigan OWI prohibits driving with BAC 0.08% or higher. First offense: up to 93 days jail, fines to $500, license suspension. High BAC (0.17+) doubles penalties. Third offense is a felony with up to 5 years prison. Ignition interlock required for repeats.
Assault and Battery
Michigan assault and battery is a misdemeanor with up to 93 days jail. Domestic assault escalates to a felony on the third offense (5 years). Aggravated assault is a misdemeanor (1 year). Felonious assault with a weapon is a felony (4 years).
Felonious Assault
Michigan felonious assault is assaulting someone with a dangerous weapon without intent to murder. It is a felony with up to 4 years prison. The weapon need not make contact. Self-defense and Stand Your Ground may apply as defenses.
Possession of Controlled Substance
Michigan drug possession of Schedule I/II narcotics under 25 grams is a felony (up to 4 years). Recreational marijuana is legal for adults 21+, up to 2.5 ounces on person and 12 plants at home. Medical marijuana has been available since 2008.
Larceny
Michigan larceny under $1,000 is a misdemeanor (93 days). $1,000-$20,000 is a felony (5 years). Over $20,000 carries up to 10 years. Larceny from a person is always a felony (10 years) regardless of value.
Grounds for Divorce
Michigan allows only no-fault divorce based on irretrievable breakdown. A 60-day waiting period applies, extended to 6 months with minor children (reducible for good cause). Property is equitably distributed, and fault may factor into property division.
Best Interests of the Child — Custody Factors
Michigan uses 12 best-interest factors for custody including emotional bonds, parental fitness, stability, and the child's preference. No presumption exists for joint or sole custody. Domestic violence and willingness to facilitate the other parent's relationship are key factors.
Child Support Formula
Michigan uses an income shares formula for child support based on both parents' net incomes. Parenting time overnights affect the calculation. Support continues to age 18 (or 19.5 if in high school). The Friend of the Court assists with enforcement.
Minimum Wage — Improved Workforce Opportunity Wage Act
Michigan's minimum wage is $10.33/hour (2024) with scheduled increases. Tipped employees get at least $3.84/hour cash. Minors can be paid 85% of minimum wage. Local governments cannot set higher minimums. Standard overtime rules apply.
At-Will Employment
Michigan is at-will with three exceptions: public policy, legitimate expectations (implied contract from handbooks), and specific promises of job security. Michigan is relatively receptive to handbook-based contract claims. Anti-discrimination and whistleblower statutes provide additional protections.
Payment of Wages and Fringe Benefits Act
Michigan requires timely wage payment, with final pay due promptly after involuntary termination. Employees can recover unpaid wages plus liquidated damages and attorney fees. Willful violations may face criminal penalties. Three-year statute of limitations applies.
Security Deposit — Landlord-Tenant Relationships
Michigan caps security deposits at 1.5 months' rent. Deposits must be in a regulated financial institution. Landlords must return deposits within 30 days with itemized deductions. Failure results in double damages. A damage checklist must be provided at move-in.
Summary Proceedings — Eviction
Michigan requires seven-day notice for nonpayment evictions and 30 days for other violations. Evictions proceed in district court. Tenants have ten days before a writ of restitution issues. Self-help evictions are illegal. Expedited proceedings apply for drug activity.
Formation of Limited Liability Company
Michigan LLCs are formed by filing articles of organization with LARA. Members have limited liability. Annual statements are due by February 15. No franchise tax applies. Pass-through income is subject to state and applicable city income taxes.
Michigan Consumer Protection Act
Michigan's Consumer Protection Act prohibits 34 specific deceptive practices. Consumers can recover actual damages or $250 minimum plus attorney fees. Class actions are available. The act does not apply where other specific statutes regulate the same conduct.
Michigan Lemon Law
Michigan's lemon law covers new vehicles with warranty defects unrepaired after four attempts or 30 days out of service. State-certified arbitration is available. Successful consumers get a replacement or refund. Attorney fees are recoverable in court actions.
Intestate Share of Surviving Spouse
Michigan intestate succession gives the surviving spouse the first $150,000 plus half the remainder when there are descendants. Without descendants, the spouse gets everything. Michigan follows the Uniform Probate Code. Thresholds are adjusted for inflation.
Execution of Wills — Requirements
Michigan wills must be written, signed by the testator, and witnessed by two people. Holographic (handwritten) wills are valid without witnesses. Under the Uniform Probate Code, even noncompliant wills may be validated with clear evidence of testamentary intent.
Speed Limits
Michigan speed limits are 70 mph on rural freeways, 55 on urban highways, 25 in residential and school zones. Some rural freeways allow 75 mph. Speeding 25+ over may be reckless driving (misdemeanor). Twelve points in two years triggers license review.
Small Claims Division — District Court
Michigan small claims court handles disputes up to $6,500. Attorneys are not allowed to represent parties. Decisions are final with no right of appeal. The defendant may remove the case to general civil division where attorneys are permitted.
Pending Legislation (1)
Electric Vehicle Infrastructure Act
Invests $500 million in EV charging infrastructure and provides tax incentives for EV purchases and manufacturing.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.