In a recent decision out of the Ninth Circuit Court of Appeals, United States v. Gray, the odor of marijuana in a motor vehicle could provide the probable cause necessary for a warrantless search in a state that has legalized adult use of marijuana. More states across the Country are leaning toward this type of […]
The State of Michigan Department of Agriculture & Rural Development (MDARD)recently announced a pilot program for industrial hemp. This new program comes after President Trump signed the 2018 Federal Farm Bill into law which provided a framework for the states to create and regulate hemp industries. Michigan’s hemp pilot program is great news for those […]
On March 21, 2019 the Bureau of Marijuana Regulation (BMR) released an advisory bulletin regarding intellectual property now allowing licensed facilities to use another company’s brands or recipes. Michigan medical marijuana licensed facilities can now enter into licensing and royalty agreements based on the number of units sold. The BMR will require a copy of […]
Today, March 1, 2019, Gov. Gretchen Whitmer issued an order effectively abolishing the Medical Marijuana Licensing Board. The Marijuana Regulatory Agency will take its place and oversee the regulation of both medical and recreational marijuana licensing. Gov. Whitmer was quoted saying, “All elements of this Agency have been designed to serve and better protect Michigan […]
This is a excerpt from a recent trial where my client was charged with a misdemeanor for driving under the influence of marijuana. After trial my client was found not guilty. The cross examination of the DRE (Drug Recognition Expert) officer played a huge part in the result we achieved. To read the officers answer […]
A recent House Bill was proposed and struck down that took aim at home cultivation and marihuana microbusinesses. House Bill 1243 was proposed by Republican Senator Arlan Meekhof on November 29. This Bill aimed to ban home cultivation by adults, which was approved by Michigan voters as part of Prop 1. Prop 1 provided in […]
The newly enacted law which legalized recreational marijuana in Michigan allows for individuals with marijuana-related felonies the opportunity to apply for licenses to operate marijuana businesses. Section 8.1, subsection c, of the new marijuana statue states, “a prior conviction solely for a marijuana-related offense does not disqualify an individual who is otherwise eligible for licensure […]
After Michigan decided to legalize recreational marijuana on November 6, 218, several county prosecutors across Michigan have started dismissing cases involving marijuana. Oakland County prosecutors have already tossed various cases with pending charges in the district and circuit court systems. Also, Muskegon County prosecutors have dismissed all pending marijuana cases that comply with the requirements […]
A registered primary caregiver was charged with manufacturing 20 or more but fewer than 200 marijuana plants, possessing a firearm during the commission of a felony and possessing with intent to deliver 5 kilograms or more but less than 45 kilograms of marihuana. Those are some pretty serious charges. A §8 defense was raised by […]
In Beauchamp v. Beauchamp, the trial court awarded defendant his medical marijuana grow operation as part of the marital assets and awarded plaintiff spousal support based on consideration of the income defendant received for the sale of medical marijuana to his qualified patients. The Court of Appeals affirmed on Defendant’s . For most of the […]
