Tag Archives: possession of marijuana

Charges Dismissed — Illegal MSP Search (as usual)

December 03, 2016  |   Posted by :   |   Criminal Law   |   0 Comments

Attorney Nye’s client (a 21 year old man, beard, ball cap, and old car) was charged with possession of marijuana. His client was pulled over by the Michigan State Police (a young trooper, 24 years old, 2 years out of the MSP academy), supposedly for improper lane usage. The trooper then obtained the driver’s documentation, […]

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Judge Rules Cops Can’t Search for Med MJ at Traffic Stop

May 11, 2016  |   Posted by :   |   Criminal Law   |   0 Comments

A district court judge in Otsego County ruled that the Michigan State Police cannot detain a MMMA patient during a traffic stop to “verify” the patient has the lawful amount of medical marijuana.  Criminal defense attorney Todd Nye challenged a traffic stop and arrest by the Michigan State Police “Home Town Security Team.”  The “Team” […]

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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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87th District Court

August 21, 2014  |   Posted by :   |   District Court   |   0 Comments

Sentencing’s for June 2014 2014 Hon. Monte J. Burmeister A 27 year old Hersey man was sentenced on June 10, 2014, for license suspended- revoked-allowed another suspended person to operate; ordered to pay $100 in fines. A 29 year old Empire man was sentenced on June 3, 2014, for license suspended-revoked-allowed another suspended person to […]

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Resisting and Obstrucing an Illegal Police Entry

November 29, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

Under the common law, a person had a right to defend his or her home against the unlawful entry by the police.   For example, in People v Clements, 68 Mich 655 (1888) a man was convicted of resisting a county sheriff and sentenced to nine months imprisonment.  The sheriff was attempting to seize “a pair […]

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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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Score: Nye 3 , Michigan State Police –0-

May 08, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

In April, Nye & Associates had charges dismissed or suppressed for cases by the Michigan State Police for their blatant violations of the Fourth Amendment to the U.S. Constitution.   Two cases were related to a traffic stop.  As you may have notice, the MSP runs drag nets on our state highways for the sole […]

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82nd District Court

March 18, 2013  |   Posted by :   |   Local Court Sentencing   |   0 Comments

Judge Daniel L. Sutton recently arraigned the following in 82nd District Court: 21 year old Houghton Lake woman, waived preliminary examination and was bound over to Circuit Cort where she pleaded guilty to one count of deliver/manufacture of less than 50 grams of a controlled substance, first offense (amended from two counts of delivery/manufacture of […]

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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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Diversion and You

August 07, 2011  |   Posted by :   |   Criminal Law   |   0 Comments

You may have heard through the grapevine about diversion in regards to your plea. A diversion program is for first time offenders to plead guilty, be sentenced to an enhanced probation, and if that probation is successfully completed then the charges are dismissed. There are three main diversion programs that are most commonly offered. One […]

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