PROBATION AND THE USE OF MEDICAL MARIJUANA

Since 2008, the state of Michigan has allowed the use of medical marijuana for patients. But the burning question has continued to ensue, how does this apply to someone on probation? We know that probation departments across the state limit the use of alcohol, and other drugs while an individual is on probation, but when cannabis is medicinal, should it be applied the same? The Court of Appeals has finally recognized that the medical use of cannabis cannot be held against probationers, or even denied. 

PEOPLE OF MI V MICHAEL EUGENE THUE

Michael Thue was arrested in 2019, and ultimately placed on probation. When this occurred the probation department denied Thue the right to use Cannabis, although he held a valid medical card. Thue filed a motion, and argued this was a violation of the MMMA law passed in 2008 which states “A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act.” The Court of Appeals turned to People v Koon, and People v Latz, which both held that when a statute conflicts with the MMMA, the MMMA provides that all inconsistent acts do not apply to the medical use of Marijuana, and so long as the patient is in compliance with the MMMA, they remain immune from such prosecutions. Through their debate, the Court turned to many out of state cases, before ultimately, the Court of Appeals held under People of the State of Michigan v Michael Eugene Thue that a probationer cannot be refused their right to use Medicinal Cannabis, when they remain compliant to the rules of the MMMA. Josh Covert, of the Michigan Cannabis Lawyers stated “This is a win for the many patients Cannabis has proven to help.” If you, or someone you know, is placed on probation, and needs to ensure they may still continue the use of Cannabis while completing this process, be sure to reach out to the Michigan Cannabis Lawyers (Covert Law Firm), and allow one of us to help you through this process and ensure your rights are also not violated!

 

Written By: attorney Ashley Petriches

Veterinarians May Now Consult With Pet Owners Regarding THC and CBD

Governor Whitmer recently signed into law House Bill 5085 which now allows veterinarians to consult with pet owners in regards to administering marijuana or industrial hemp to their pets .  Prior to House Bill 5085 veterinarians were at risk of loosing their veterinarian license if they consulted with pet owners regarding marijuana or industrial hemp. Although industrial hemp is legal under federal laws, marijuana remains illegal as it is a schedule one controlled substance.   Industrial hemp would refer to cannabis or cannabis products that contain less than .3% delta-9-tetrahydrocannabinol (THC).

Currently the market for industrial hemp primarily focuses on cannabidiol (CBD).  CBD has been shown to be beneficial in treating or assisting with the treatment of a wide variety of medical issues that affect our pets.  Many pet owners were currently were administering CBD to their dogs to treat conditions like epilepsy or arthritis but without the consultation or advice of their veterinarian.  Now both pet owners and veterinarians can engage in a free and open dialogue regarding the medical use of marihuana and industrial hemp.  This could also be a benefit to the businesses of veterinarians who decide to embrace industrial hemp and offer the products at their office.

If you are a veterinarian or pet owner and have questions on how this new law impacts you or your pet please give us a call at the Michigan Cannabis Lawyers. (517)-512-8364.

Michigan Now Allows for Automatic Expungement of Certain Marijuana Convictions

Starting April 1, 2021 Michigan will start the process of expunging certain marijuana misdemeanor convictions.   The new law allows individuals that had previously been convicted of marijuana misdemeanors to apply to have the conviction cleared off of their criminal record but only if the offense would not be considered illegal if it were to have been committed after December 6, 2018 (Read The Law Here).  The process requires the individual to submit an application for expungement to the county prosecuting attorney that prosecuted the original case.  The prosecuting attorney is to either approve or deny the application for expungement.  If the prosecuting attorney approves the expungement or fails to file a response within 60 days, the circuit court must grant the expungement within 21 days.  If the prosecuting attorney objects to the expungement application, the circuit court will schedule an evidentiary hearing within 30 days where the prosecuting attorney has the burden of proof to show that it is more likely than not (preponderance of evidence) that the charged offense would not have been legal even if it were to have occurred after December 6, 2018.

It is important to understand that the prosecuting attorney  must present evidence at the hearing to show that the conduct wouldn’t have been legal today.  This hearing will be governed by the Michigan Rules of Evidence.  This will require the prosecuting attorney to present evidence, most likely police officer testimony, to show why the misdemeanor would have been illegal prior to thee enactment of the  adult-use marijuana laws.  This testimony will be subject to cross examination and having an attorney that understands the rules of evidence and the current marihuana laws can be critical to the success of an expungement application.   If you have any questions about the new expungement laws please call the Covert Law Firm at (517) 512-8364 to speak with attorneys who are knowledgeable and can help you get the expungement you deserve.

 

Michigan Marijuana Regulatory Agency Creates Rules for Marijuana-Infused Beverages

The MRA just announced a process for licensed processors to obtain approval for marijuana-infused beverages.  The Technical Bulletin dated January 4, 2021 requires any licensed processor who is interested in creating a marihuana-infused beverage to submit a request to the MRA.  The request includes a number of documents such as confirmation that the processing facility is currently in the process of receiving Good Manufacturing Practices (GMP) certification and a complete Hazard Analysis Critical Control Points (HACCP) plan. The marijuana-infused beverage must be self stable and will be required to maintain potency over a three month period.  There also must be a research and development plan submitted to prove the shelf stability of the marijuana-infused beverages.

It will be interesting to see how marijuana processors figure out the potency issue known as THC leeching.   THC has been difficult for many processors to properly dose beverages because of the solubility of THC and the ability to absorb into many material such as the lining in aluminum cans.  The products will also be tested for sedimentation to ensure homogeneity.   This is also difficult with THC as it will often separate over time from the beverage.  It is exciting to see that soon Michigan cannabis consumers can enjoy marijuana-infused beverages.   It will be interesting to see which current beverage producers will be moving forward in the new marijuana-infused beverage industry.  It is expected that their experience with beverage manufacturing and GMP plans will give make them valued partners.  If you have any questions about the marijuana-infused beverage approval process call the Michigan Cannabis Lawyers at 517-512-8364.

 

The Attorney for PEOPLE v. LATZ comments on the case four years later

PEOPLE v. LATZ

Our friend and client Callen Latz was charged with improper transport of medical marijuana back in 2014. Joshua Covert defended his rights in 2016 and won the case PEOPLE OF MI V CALLEN TRENT LATZ

PEOPLE v. LATZ Joshua Covert Quote

Now in 2020, this is what Josh has to say about his landmark case:

 

Sources

https://www.washingtontimes.com/news/2016/dec/21/court-medical-marijuana-law-trumps-law-on-transpor/

Michigan cities optin in www.micannabislawyer.com

Michigan Cities Opting into Marijuana

Michigan Cities Opting in

MMFLA Municipality Cites Opting in

 

MMFLA Michigan Cites Opting out of the MMFLA

 

Michigan voted for marijuana legalization in 2109 with a YES to Prop 1. This means that you can get your municipality to opt into the program and obtain a license to sell, process, and transport marijuana.

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MARIJUANA LICENSING

Marijuana Licensing Can Bring Community Benefits

Marijuana Licensing Benefits

Are you considering opting into marijuana licensing in your city? Not only does marijuana licensing offer benefits to the business owners, but these benefits extend further into the community too, which is why all city councils should consider offering marijuana licensing.

This is because licensed marijuana businesses use their status to bring further benefits into society, helping to progress their communities. Below, we will reveal more about this, as well as giving you an example of how licensing in Michigan helped the local fire department.

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Michigan microbusiness license michigan cannabis lawyers

What You Need to Know About a Micro Grow License

What is a Micro Grow License?

If you are reading this you probably know Michigan is a legal marijuana state and you might be interested in how to get a micro grow license. You see, when marijuana licenses in Michigan became available, our Attorney Josh Covert coined the term “micro grow” for the Michigan Class A growing licenses.

Compared to the other growing licenses, this is the smallest of the classes of grows that allows up to 500 plants (medical) or 100 (recreational) to be produced at one time.

Not to be confused with a Michigan Microbusiness, a Michigan Micro Grower License can sell into the statewide METRC system. A microbusiness must be contained and only sell to end consumers at their establishment, while a Michigan Class A growing license can sell to other licensed facilities.

See Also: Free Michigan Marijuana Microbusiness License Information

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Your Rights: Roadside Cannabis Testing Michigan

Understanding Roadside Cannabis Testing Michigan After a short pilot program for roadside drug testing (only 92 tests done) Michigan Drug Recognition Experts will now utilize their new drug-detecting device on roadside stops. The DREs now have a device that is similar to an alcohol breathalyzer used in OWI (DUI) cases. This new device supposedly tests for amphetamines, benzodiazepines, […]

Get Reduced Michigan Marijuana Licensing Fees

Reduced Michigan Marijuana Licensing Fees

The Michigan Marijuana Regulatory Agency [MRA] has a special program for those who are looking to get into the legal Michigan marijuana industry.

The Social Equity program looks to promote and encourage participation in the marijuana industry by people impacted by prohibition.

Recently the MRA expanded this program from 41 communities to 184 as well as added fee reductions, application assistance, and more resources.

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