Michigan Medical Marijuana Lawyer
January 17, 2017. Medical MJ registered patient not allowed to use marijuana while on probation. The court of appeals in an unpublished decision, held that a judge could prohibit a probationer from using medical marijuana while on probation for a DUI. The court decided that the probation condition was "reasonably related to the goal of defendant's rehabilitation, including preventing future criminality, as well as protecting the public" in reaching its decision. The case can be read at here People v Magyari
January 2017. Landlords can ban growing and smoking marijuana. The governor signed legislation that allows landlord's to prohibit growing or smoking marijuana on leased property, even if you are otherwise complying with the state Medical Marijuana Act. The new law does allow patients to to consume marijuana edibles and ingestion of forms of non-smoked marijuana in rented homes.
December 20, 2016. Improper Transport Statute Struck Down. The Michigan Court of Appeals issued a 2-1 Opinion today, holding that the Improper Transport of Medical Marijuana Statute is preempted by the Medical Marijuana Act. Courts around the state had been wrestling with this statute, some upheld it, many did not. Two Justices of the Michigan Court of Appeals ruled that the Improper Transport Statute is in direct conflict with the Michigan Medical Marihuana Act. As such, medical marijuana cardholders cannot be prosecuted under MCL 750.474. The Court found that the improper transport statute placed impermissible additional requirements on the transportation of medical marijuana beyond those imposed by the Michigan Medical Marijuana Act. As such, the additional limitations (that the usable marijuana must be in a case in the trunk or functional equivalent) were impermissible and a compliant medical marijuana patient cannot be prosecuted under the improper transport statute. The case and the dissenting opinion can be read at our marijuana cases page: People v Latz.
December 20, 2016. The Michigan Medical Marihuana Act 2016 Amendments become effective. The major changes involve a new definition of what is a marijuana "plant" and THC infused marijuana products are now expressly allowed by the 2016 amendment.
September 14, 2016. Dispensary, Medible, and Grow Legislation Sail Through Michigan Senate. Three medical marijuana bills that had been passed by the Michigan House a year ago and had languished ever since in a senate committee were suddenly discharged to the senate for a vote, where they passed by super majorities (with only minor amendments). One of the bills would mandate that THC-infused products be considered "usable marihuana" and enjoy immunity protection under Section 4 of the Michigan Medical Marihuana Act. The other bills would create an extensive, regulated medical marijuana growing, testing, processing, transporting, and dispensing regulatory system. Medical marijuana dispensaries would be expressly authorized, as would large grow facilities of 500, 1000, and 1500 plants. The location of these large grow operations and marijuana dispensaries would have to be pre-approved by each local municipality prior to the issuance of a license. A tax of 3% would be assessed on gross income from the state-approved dispensaries to pay for the new regulatory commission and enforcement. The house approved the senate amendments, and the bills are now on their way to Governor Snyder's desk for signature. The bills become effective after 90 days, although the dispensary bill has a one-year waiting period, which gives the state time to set up a regulatory commission to implement forms and regulations.
NOTE: This legislation is dense and lengthy. There will be an extensive regulatory system implemented (similar to the regulations on alcohol). Many of the terms and conditions have not even been written yet, as that job will fall on a newly created medical marijuana board. Right now, there are many more questions than answers. However, we have spent a significant amount of time reading the fine print and are ready to give you preliminary advice on questions related to the new medical marijuana legislation. Once these bills become law and rules and regulations are issued, we will be prepared to help you through the lengthy application process of setting up your grow facility, dispensary, or processing center.
September 14, 2016. Ballot Proposal to Decriminalize Marijuana will not be on November Presidential Ballot. A bid by MI Legalize to have a ballot proposal put on the November ballot that would legalize recreational marijuana has ended. MI Legalize turned in roughly 354,000 signatures in support of the ballot issue, more than needed to place the proposal on the November ballot. However, state rules require that signatures be collected within a 6 month period of time. Signatures collected outside the 6-month window are considered "stale" and are not counted. A large number of signatures were collected outside the 6-month window, and the state refused to count them. MI Legalize sought to compel the state to count these signatures through litigation, but lost at the trial court and in the Michigan Supreme Court. Yesterday, a federal court refused to intervene in the case, meaning that barring a last minute miracle, the recreational marijuana ballot proposal will not be on the ballot in November.
April 2016. No medical marihuana immunity or defense for smoking mj in vehicle. The court of appeals in People v Carlton ruled that a registered medical marijuana patient found smoking marijuana in a car in the parking lot of a private business was not entitled to Section 4 immunity nor the Section 8 medical use defense. The appeals court noted that smoking marijuana in a public place is one of the prohibited actions listed in Section 7(b) of the MMMA. The fact Carlton was inside his car did not change the equation: both he and his car were in a public place (a casino parking lot open to use by the general public) and he admitted he was smoking marihuana. In general, smoking marijuana inside a car is a bad idea, as the smell of marijuana emanating from a vehicle is an open invite to any police officer who may stop your car to conduct a warrantless search of the car and its occupants.
March 2016. Bill to legalize recreational marijuana in Michigan introduced in Senate. A state lawmaker from Detroit introduced Michigan Senate Bill 813, which would legalize, regulate, and tax marijuana in Michigan. If passed by the legislature, Michigan would join Colorado, Washington, Oregon, Alaska, and D.C. where recreational marijuana is allowed. Under the Bill, growing facilities, dispensaries, and smoking lounges would be both allowed and regulated; the Bill also imposes taxes of $50 per ounce for flowers and $15 per ounce for marijuana leaves. Someone caught smoking marijuana in public would be subject to a $100 civil infraction. Experts estimate that legalizing marijuana would conservatively generate up to $63 million dollars a year in new tax revenue for the state and 10,000 new jobs.
December 2015. Grand Rapids Marijuana Ordinance Upheld by State Supreme Court. The Michigan Supreme Court allowed a lower appeals court opinion to stand that had ruled the Grand Rapids city charter marijuana amendment did not contradict state law. This decision means the Grand Rapids marijuana decriminalization ordinance is constitutionally valid and will remain the law. Grand Rapids Marijuana Ordinance Explained.
July 27, 2015. Michigan Supreme Court Restores Sec 4 Immunity and Sec 8 Affirmative Defense. In a unanimous opinion, the Michigan Supreme Court overruled lower court decisions that had all but done away with and eviscerated the protections of Section 4 and Section 8. This is the 9th time the high court has stepped in and overruled state appellate court decisions. The opinion is 50 pages long and its interpretation beyond the scope of this summary. In essence, the high court undid the damage caused by the previous opinions and restored the balance between immunity and the affirmative defense. The decision also provided important clarification on many issues regarding Section 4 and Section 8. We think it should be required reading for all patients and caregivers. People v Hartwick & Tuttle can be read here: notable medical marijuana cases.