Under the Latz case issued 12/21/2016, the court found a patient under the MMMA was immune from prosecution under MCL 750.474 for illegal transport of medical marihuana. Applying standard, time-trusted rules rules on interpreting statutes, the court simply found that the legislature knows these rules also, and held their feet to the fire. The MMMA is an entire “Act” – a comprehensive set of laws, which totally governed med mj and actually said it totally governed med mj including “transportation.” Period. The court found that the legislature cannot later on make a totally separate law directly against the rights in the MMMA, and then expect the court to simply ignore the MMMA.

So right now:

1. If you are a registered patient or caregiver, you can transport any and all “usable marijuana” within weight limits inside of a motor vehicle vehicle. There are no packaging requirements for usable marijuana so you can put it in a locked box or dump it on the seat in a pile. It’s all legal if you are licensed and within weight. “Usable marijuana” is a defined term and means “dried leaves, flowers, plant resin, or extract of the marijuana plant.”

Example: You can legally roll a big fat joint and stick it in your mouth and drive around all day, and as long as you are licensed, within weight, and don’t smoke while driving, then there is not a darn thing a cop can do once he or she verifies your MMMA license.

2. Because the Latz case made the illegal transport law illegal against the MMMA, then in theory, all of the MMMA people convicted of violating the illegal transport law are wrongly and unjustly convicted. At common law, to include Michigan common law, when a statute is found to be illegal the illegality can (and normally would) be retroactive.  So at common law, justice demanded that those convicted of an illegal law be allowed to vacate those convictions and clear their names. In theory, that should be the case here, but until a court rules, retroactivity is not a certainty. But every MMMA patient who was wrongly convicted should be filing motions right away to get those illegal convictions vacated and attempt to recover fees, fines, and costs.