Bureau of Medical Marihuana Regulations Extends Deadline for Provisioning Centers Temporarily Operating While Their Application is Pending

Michigan Marijuana Licensing Extension May 30, 2018

The department of Licensing And Regulatory Affairs (LARA) issued new emergency rules through the Bureau of Medical Marihuana Regulations (BMMR), which will help ensure medical marihuana patients will continue to have safe access to their medicine.

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driving under the influence of marijuana MICannabislawyers.com

Driving Under the Influence of Marijuana In Michigan

Those who have no legal right to possess or consume marihuana face what’s commonly referred to as Michigan’s “zero tolerance” law, meaning that a prosecutor only needs to prove that at the time of driving, you had the presence of THC in your system, regardless of your driving performance.

It’s important to note, however, that the Michigan Supreme Court, in People v. Feezel, No. 138031 (June 9, 2010), determined that 11-carboxy-THC, a metabolite of THC, is not counted against you for the “zero tolerance” law. Currently, the detection threshold at the Michigan State Police Toxicology Unit is one ng/ml of THC. That’s one billionth of a gram of active THC per milliliter of blood.

Interestingly, if you have a medical marihuana card, it must be shown that you were driving under the influence of marijuana to be convicted of operating while intoxicated or “drugged driving.”

Section 7 of the MMMA outlines the specific limitations in which a patient or caregiver will fall outside the framework and not be afforded legal protection under the MMMA. MCL 333.26427(4) states that the Medical Marihuana Act does not permit any person to, “operate, navigate, or be in actual physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana.” While some states have developed internal limits of THC for patients while driving, Michigan has yet to impose a nanogram limit for internal possession of marihuana while driving for medical marihuana patients. So, the only way a patient can be convicted of driving under the influence of marihuana is to show that one’s driving ability was substantially lessened because of the presence of THC in their system.

If you happen to find yourself having to deal with a criminal charge for driving under the influence of marijuana, don’t hesitate to reach out to ask some questions and talk about your case.

 

Convictions under the Michigan Motor Vehicle Code remain on your criminal history indefinitely, and you shouldn’t go down without a fight.

Call the Michigan Cannabis Lawyers at 517-512-8364.

Cannabis Attorney Joshua Covert debates Missaukee County Sheriff Jim Bosscher On Legalization

On March 23, 2018, The Cadillac News published an editorial regarding the legalization of marijuana in Michigan.  The editorial featured an anti-legalization piece written by Missaukee County Sheriff Jim Bosscher and a pro-legalization piece written by Michigan Cannabis Lawyer Joshua Covert.

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More Pre-qualification Approvals but Contradictory Statements from The Board at Today’s Meeting Cause Concern

Thursday, May 3rd the Michigan Marijuana Facilities Licensing Board met and approved all three of the pre-qualification applications that were presented.

Two of the applications passed unanimously and the other passed on by a 4-1 vote with Pickard being the only vote for denial.

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Marijuana Versus the Opiod Epidemic

Illinois Senate Bill 336 was passed by a staggering 44-6 vote. The measure is intended to allow flexibility in obtaining a medical marihuana in the state of Illinois by recognizing the use of cannabis as medicine in the fight against the opiod crisis.

As amended, the bill allows persons with an active prescription for opiods to have legal access to medical marihuana as an alternative medicinal option for palliative relief. Persons who qualify will also be able to apply for a medical marihuana card. The medical marijuana program in Illinois is rather restrictive in terms of qualified applicants. Currently, Illinois has issued approximately 30,000 cards to its residents.

The expansion and formal recognition of the use of marijuana as medicine in Illinois something to take note of as many states continue to progress in their efforts to regulate medical marihuana. The bill heads to the House for approval.

Illinois is not the only state seeking to expand the availability of medical marihuana. Michigan has introduced a list of 22 proposed medical conditions to be added and recognized under the Medical Marihuana Act as qualifying conditions. The list includes anxiety, depression, diabetes, panic attacks, and a myriad of other medical conditions for approval consideration. The Review Panel is scheduled to make their recommendations to the Department Director at a public meeting on May 4, 2018 in Lansing, Michigan.

For those who are committed to staying up-to-date on Michigan’s marijuana laws, call (517) 512-8364 to contact the Michigan Cannabis Lawyers.