Michigan’s legalization of recreational marijuana has created confusion for boaters about what is and is not allowed on the water. Many people assume that using cannabis on a boat is no different than enjoying it at home, but boating falls under a separate set of laws and enforcement rules. Public waterways, boating under the influence (BUI) statutes, and federal regulations all play a role, and violations can lead to serious criminal penalties or civil liability.
Whether you are operating a fishing boat, relaxing on a pontoon, or riding a Jet Ski, it is important to understand how Michigan law treats marijuana use on the water. This guide explains the key rules, the potential consequences, and how cannabis use can affect both criminal charges and injury claims after a boating accident. If you have been injured or face legal action after an incident on the water, a boating accident lawyer in Michigan can help protect your rights and guide you through the legal process.
Is It Legal to Use Marijuana on a Boat in Michigan?
Michigan allows adults 21 and older to legally possess and consume marijuana. But when it comes to boating, the law gets more restrictive. Using cannabis on a boat is generally not allowed because most waterways are considered public spaces, and public consumption of marijuana remains illegal under state law.
Even if you own the boat, using marijuana while underway or anchored in public water can lead to citations or worse. Law enforcement treats it similarly to using marijuana in a parked car on the street. If you are visible, in control of the vessel, or putting others at risk, you may be charged.
Passengers are not immune either. Just like with alcohol, the rules for marijuana depend on where you are, how you are using it, and whether anyone is operating the vessel while impaired.
Clark Insight:💡 We often hear clients say they thought being on a boat meant the rules were different. But Michigan marijuana laws still apply on lakes and rivers, and conservation officers take enforcement seriously.
If you want to avoid legal trouble, the safest approach is to leave cannabis use on shore. Possession may be legal in some cases, but using marijuana on the water is almost always risky. For a breakdown of how cannabis rules compare to drinking, check out our guide on alcohol and boating laws in Michigan.
Can You Be Charged for Boating Under the Influence of Marijuana?
Yes. In Michigan, boating under the influence (BUI) laws apply to both alcohol and drugs, including marijuana. That means you can be arrested and charged if law enforcement believes your ability to operate a vessel is impaired by cannabis, even if you used it legally on land.
Unlike alcohol, there is no universally accepted THC limit for boaters. Michigan law focuses on impairment, not a specific number. If you are showing signs of delayed reaction time, poor judgment, or erratic control of your boat, officers can arrest you based on observation alone. Blood or urine tests may be used later, but they are not required for an officer to take action.
Michigan also has implied consent laws for boaters. If you refuse chemical testing when suspected of BUI, you could face additional penalties such as boating privilege suspensions or civil fines.
📊 Table 1: Substance Use and BUI Laws in Michigan
| 🚤 Substance Type | Legal for Passengers? | Legal for Operators? | Risk of BUI Arrest |
|---|---|---|---|
| Alcohol | Yes | Only if not impaired | High |
| Recreational Marijuana | No (public use illegal) | No | High |
| Medical Marijuana | No (same restrictions) | No | High |
Clark Insight:💡 Unlike with alcohol, you do not need to hit a specific THC level to be charged. If the officer believes you are high and operating recklessly, that is enough for a BUI arrest.
📍Boating Scenario: A 29-year-old kayaker was weaving unpredictably near the edge of Grand Traverse Bay after using marijuana at a nearby campground. Though he was not in a motorized vessel, DNR officers pulled him over and arrested him for operating under the influence based on visible signs of impairment and poor control.
To learn more about how these charges affect injury claims and criminal penalties, visit our page on boating under the influence accidents.
What Happens If You’re Caught Boating While High?
If you are caught operating a boat while under the influence of marijuana, you can face serious legal consequences in Michigan. A first offense is typically a misdemeanor, but if someone is injured or killed, or if you have prior offenses, the charge can quickly escalate to a felony.
The penalties for boating while high are very similar to those for alcohol-related BUI. These may include:
- Jail time
- Criminal fines
- Community service
- Suspension of boating privileges
- Mandatory substance abuse education
Michigan law also allows for enhanced penalties if you refuse to submit to chemical testing. This can result in additional fines or boating license restrictions, even if you are not convicted of BUI.
📊 Table 2: Legal Consequences of Marijuana-Related Boating Arrests
| ⚖️ Offense Type | 👮 Criminal Charge | 💰 Max Fine | ⏱️ Jail or Prison Time |
|---|---|---|---|
| First offense (no injury) | Misdemeanor | $500 | Up to 93 days |
| Second offense | Misdemeanor | $1,000 | Up to 1 year |
| BUI causing serious injury | Felony | $5,000 | Up to 5 years |
| BUI causing death | Felony | $10,000 | Up to 15 years |
| Refusal to submit to testing | Civil violation | Varies | License suspension possible |
Officers with the Michigan DNR and local marine patrols are trained to spot signs of cannabis impairment. They regularly patrol popular lakes, rivers, and coastal waters, especially during holidays and summer weekends. Being charged with BUI can also have ripple effects beyond criminal court. If you are involved in a crash, your marijuana use can be used against you in a personal injury or wrongful death lawsuit.
Civil Liability in Marijuana-Related Boating Accidents
Even if you are not arrested for boating under the influence, marijuana use can still expose you to serious legal consequences in civil court. If a crash occurs and someone is injured, cannabis impairment can become a major factor in determining who is at fault.
Civil cases operate under a lower standard of proof than criminal cases. That means a victim does not need to show that you were legally intoxicated. It is enough to demonstrate that marijuana impaired your ability to operate the boat safely and that this impairment contributed to the accident.
If you are found liable, you may be responsible for:
- Medical expenses and long-term care
- Lost wages or reduced earning capacity
- Pain and suffering
- Property damage
- Wrongful death compensation for surviving family members
Passengers can also be affected. In some cases, an injured passenger may sue another passenger or operator if marijuana use caused the accident. Even those with a valid medical card are not protected from civil liability.
📍Boating Scenario: A man with a medical marijuana card was operating a pontoon boat near Belleville Lake when he sideswiped another vessel while docking. No one was seriously hurt, and no criminal charges were filed. However, the injured passenger in the other boat sued for negligence and won a settlement after proving the operator had used marijuana shortly before the incident.
Clark Insight:💡 We have handled multiple cases where marijuana use was never part of a police report, but it became a turning point in the civil claim. Insurance companies look for any reason to reduce payouts, and cannabis use gives them ammunition.
Can Medical Marijuana Patients Use Cannabis on a Boat?
Having a medical marijuana card in Michigan does not give you special privileges on the water. While the card protects you from certain possession charges on land, it does not allow you to use cannabis on a boat especially not while operating one.
Marijuana remains a controlled substance under federal law, and Michigan’s boating laws make no exception for medical use when it comes to impairment or public consumption. If you are caught using marijuana while boating, you can still be charged with boating under the influence, regardless of your medical status.
Even possession can lead to complications. Most lakes, rivers, and inland waterways in Michigan are considered public spaces. That means having marijuana out in the open, especially in an area visible to law enforcement, could still be considered a violation of public use laws.
The real danger comes if you are involved in a crash. If you are found to have used cannabis, your medical card will not protect you from civil lawsuits. In fact, it may complicate your case further.
Clark Insight:💡 Medical marijuana is a legal defense to possession, not to negligence. In a crash or injury case, having a card does not shield you from blame. If you are impaired, you are liable — plain and simple.
The best practice is to store your cannabis legally and avoid using it while boating altogether. Medical use should be limited to private, non-navigable spaces, not open water.
Tips for Staying Legal and Safe on the Water
The best way to avoid legal trouble while boating in Michigan is to keep cannabis off the water entirely. Even if marijuana is legal for personal or medical use, it becomes a serious liability once you are on public waterways. A few smart decisions can protect your passengers, your freedom, and your future.
Here are some tips to stay safe and legal:
- Choose a sober operator. The person behind the wheel should not use marijuana before or during the trip.
- Avoid public consumption. Using cannabis on open water is considered public use and is not protected by legalization laws.
- Store marijuana properly. Keep it in a sealed container and out of sight, just like you would in a vehicle.
- Do not assume privacy. Even on small lakes or private docks, law enforcement can intervene if you are creating a hazard.
- Treat cannabis like alcohol. If you would not drink in that moment, do not use marijuana either.
- Follow life jacket rules. Cannabis impairs motor skills and reflexes. Make sure all passengers comply with Michigan life jacket laws to reduce drowning risk.
📍Boating Scenario: A group was anchored off the shore of Higgins Lake for a long weekend. One passenger used marijuana and fell overboard while attempting to climb from a floating mat back into the boat. He was not wearing a life jacket and had to be rescued by nearby boaters. No one was charged, but the incident resulted in an insurance investigation and multiple liability questions.
Clark Insight:💡 The most common marijuana-related boating incident we see is not a crash, it is someone getting hurt because their judgment was impaired. Falling overboard, slipping on deck, or misjudging a wave can all lead to serious injury.
Avoiding marijuana use while boating is not just about obeying the law. It is about reducing risks for everyone onboard.
When to Contact a Michigan Boating Accident Lawyer
Whether you were operating a vessel, injured as a passenger, or involved in a crash where marijuana use may have been a factor, it is important to speak with an attorney who understands Michigan boating law. These cases are not just about criminal charges. They often involve complex insurance claims, liability disputes, and long-term consequences that go far beyond the water.
At The Clark Law Office, we handle both sides of cannabis-related boating incidents. We represent victims who were injured by impaired operators, as well as individuals who are facing claims or charges tied to marijuana use on the water. Our goal is to protect your rights, preserve critical evidence, and help you move forward with confidence.
Clark Insight:💡 Boating and cannabis laws are still evolving, but liability is not. If someone gets hurt, it does not matter whether the marijuana was recreational or medical. The legal system treats it the same — as a risk.
If you have questions about your case or want to understand your options, reach out to a trusted boating accident lawyer in Michigan for a free consultation.
Boating While High in Michigan: Frequently Asked Questions
Can I use marijuana on my boat if I’m not the one driving?
No. Using marijuana on a boat is considered public consumption, which is illegal in Michigan. Even passengers may be cited if they are using cannabis on public waterways.
Is it legal to smoke weed on a boat that’s anchored?
Not if the boat is in public waters. Anchoring does not make it a private space. Public consumption laws still apply, and using marijuana may also raise safety and liability issues.
What if I have a medical marijuana card?
A medical marijuana card allows possession in some situations, but it does not protect you from BUI charges or civil liability. You can still be arrested or sued if marijuana use causes an accident.
Can I be arrested for boating under the influence of marijuana?
Yes. Michigan law allows for BUI charges based on cannabis impairment, even without a set THC limit. Officers rely on field observations and signs of poor operation.
Will marijuana use affect my boating accident injury claim?
Yes. If marijuana contributed to the crash, it may impact fault and compensation. Even if you were not charged with a crime, your use of cannabis may still be used against you in a civil case.
📚 Resources and References
- Michigan BUI Statute – MCL 324.80176
Defines boating under the influence laws, including impairment from alcohol or drugs. - Michigan DNR – Boating Rules and Regulations
Covers boating safety, enforcement authority, and BUI enforcement procedures. - Cannabis Regulatory Agency – State of Michigan
Official resource on cannabis laws, licensing, and rules about public use and impairment. - NIH Study – Cannabis and Impaired Motor Performance
Research on how THC affects reaction time, coordination, and judgment. - DNR Steps Up BUI Enforcement During Holiday Weekends
News coverage of increased patrols and impaired boating arrests across Michigan.
- Injured at Meijer or Walmart? The One Guide Every Michigan Shopper Should Read - November 17, 2025
- How Lansing Juries See Injury Cases Differently from the Rest of Michigan - October 29, 2025
- Delivery Truck Backovers: The Hidden Driveway Danger - October 29, 2025
