Michigan Medical Marijuana Law

Archive | Michigan Medical Marijuana Law

Secret Emails Show Fraud at Michigan State Police Crime Lab

November 12, 2015  |   Posted by :   |   Criminal Law, Michigan Medical Marijuana Law   |   0 Comments

A series of emails obtained by Detroit area attorneys Jeff Frasier and Michael Komoron show marijuana results from the supposedly independent Michigan State Police Crime Lab were being expressly directed by Ken Stecker, who is the traffic safety prosecutor for the Prosecuting Attorneys Association of Michigan. In the attached emails, the issue is whether or […]

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Victory: Marijuana Charge Dismissed under MMMA

October 28, 2015  |   Posted by :   |   Criminal Law, Michigan Medical Marijuana Law   |   0 Comments

Attorney Coltrane achieved another victory for a client in a defense of his client’s right to use medical marijuana under the Michigan Medical Marijuana Act. Attorney Coltrane’s client was stopped by the Michigan State Police on I-75 as part of its ongoing and aggressive “broken glass” campaign against minor drug users. A small amount of […]

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MMMA Defense Update

October 14, 2015  |   Posted by :   |   Criminal Law, Michigan Medical Marijuana Law   |   0 Comments

On July 27, 2015, the Michigan Supreme Court clarified the use of defenses under the Michigan Medical Marijuana Act in People v Hartwick, 2015 Mich. Lexis 1639. In Hartwick, the Supreme Court strengthened the immunity under Sec. 4 of the MMMA and clarified the affirmative defense under Sec. 8 of the MMMA. SECTION 4 IMMUNITY […]

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Illegal Evidence Suppressed; Dismissed

Todd Nye achieved another victory for the Constitution when he had evidence illegally seized by the Michigan State Police suppressed. As a result, the case against his client was dismissed. Mr. Nye’s client was traveling through the Straits of Mackinac and was profiled by the Michigan State Police. The Michigan State Police like to target […]

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Marijuana and Driving

May 14, 2015  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

Michigan Law has two inconsistent statutes. First, there is the Michigan Medical Marijuana Act which allows a registered patient to internally possess marijuana. Conflicting with that is the Michigan Vehicle Code, which prohibits a person from driving with any amount of a schedule one controlled substance, including marijuana, in their system.

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Court of Appeals Sets Strict Standards for Medical Marijuana Caregivers under MMMA Sections 4 & 8

January 12, 2014  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

In a decision issued on November 19, 2013, the Michigan Court of Appeals laid down a strict and onerous burden for a caregiver to assert defenses under the Michigan Medical Marijuana Act.   In People v Hartwick, a caregiver was charged with felonies for illegally growing and possessing marijuana.  In the trial court, the defendant/caregiver […]

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Michigan Medical Marijuana Transporation Law

November 06, 2013  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

Here is the text of the Michigan Medical Marijuana transportation law; unfortunately, “case” is not defined: 750.474. Usable marihuana; transport or possession; enclosed case required; violations, punishment Sec. 474. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, in […]

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Michigan Medical Marijuana Defenses

September 03, 2013  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

The Michigan Supreme Court succinctly outlined the requirements for the two distinct defenses under the Michigan Medical Marijuana Act at Sections 4 and 8 in People v Kolanek, 491 Mich 382, 402 (2012). 1.         Section 4 of the Michigan Medical Marihuana Act (MMMA), MCL 333.26424, provides qualified registered patients broad immunity from “arrest, prosecution, or […]

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46th Circuit Trail Court

Sentencings for June 2013 before  Hon. Janet M. Allen, Crawford County 27 yr old Grayling man-Plead guilty to stolen property and for a prbation violation; sentened to serve 282 days in jail with credit for 282 days served; ordered to pay $30 crime victim rights fee, $68 state minimum costs, $500 penal fee and $139.60 […]

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Newsletter May 2011

October 05, 2011  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

HOW DOES MEDICAL MARIJUANA WORK?  Crohn’s disease, Alzheimer’s, chronic or severe pain, nausea, seizures, multiple sclerosis—all are examples of debilitating medical conditions defined under the administrative rules of the Michigan Medical Marijuana Act.   If someone wishes to use marijuana as part of their medical treatment plan, then they must have a permit from the State […]

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QUICK FACTS ABOUT THE MEDICAL MARIJUANA ACT

October 05, 2011  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

You can have up to 12 marijuana plants at a time; however, you can never have more than 2.5 ounces of usable marijuana. Any medical marijuana that a primary caregiver grows has to be in a locked, enclosed facility.  It has to be covered on the top, bottom and all sides. A person cannot be […]

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The End of Dispensaries

August 21, 2011  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

Another bill, introduced as House Bill 4850, will effectively criminalize the dispensary business model.  The bill provides that the only authorized transfers under the Michigan Medical Marijuana Act are from a caregiver to a patient who is directly registered to that caregiver with the state.   Moreover, a caregiver can only receive compensation from a patient […]

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Legislative Backlash Against Michigan Medical Marijuana Begins

August 16, 2011  |   Posted by :   |   Criminal Law, Michigan Medical Marijuana Law   |   0 Comments

The backlash against medical marijuana in Michigan, partly as a result of the poor language of the existing law, partly as a result of the abuse of the existing law by some people, and partly because of conservative opposition to the entire idea, has taken three general forms. The first form of the backlash is […]

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How Does the Michigan Medical Marijuana Law Generally Work?

July 22, 2011  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

Crohn’s disease, Alzheimer’s, chronic or severe pain, nausea, seizures, multiple sclerosis—all are examples of debilitating medical conditions defined under the administrative rules and statute of the Michigan Medical Marijuana Act.   If someone wishes to use marijuana as part of their medical treatment plan, then they must have a permit from the State of Michigan. The […]

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Midland County Circuit Court Case, People v Twinn Bridges Compassion Club; Attorney General Opinion re MMMA and Cooperatives

July 22, 2011  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

The  Midland County prosecutor filed a civil action seeking to shut down the Twinn Bridges Compassion Club in Homer Township.  The attorney general, Bill Schuette, is joining the action in support of the prosecutor.    Again, the basis for the challenge is that the dispensary business model is based upon the belief by operators that patient […]

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