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Changes to Michigan MMFLA License May Affect Recreational Applicants

Michigan MMFLA License Changes

Since recreational marijuana use is legalized, those in the office are attempting to amend the newly passed initiative as well as the existing medical marijuana laws.

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Michigan Marihuana Laws – Home Cultivation and Micro Business

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 part that those over the age of 21 that are residents of Michigan may legally grow up to 12 marihuana plants in their home.

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Michigan allows for individuals with marijuana-related felonies the opportunity to apply for licenses to operate marijuana

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.

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How Michigan Prosecutors are Dealing with the Legalization of Marijuana

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 of the recently passed proposal. Kalamazoo, Battle Creek and Calhoun County have also followed suit. While there are still avenues to violating the law, prosecuting offices have been considering what they will do with pending cases involving use, possession, manufacture or delivery.

Clare County prosecutors have plans to dismiss several pending cases limited to possession charges, whereas Kent County is looking into dismissing cases that involve use or possession of marijuana. Most dismissals are based on a case by case basis. In Ingham county, while magistrates are no longer accepting warrant requests for marijuana related crimes, the cases already pending are being looked at closely before being dismissed.

Some counties are not being as lenient however. In Wayne County, a prosecutor has stated that her office is committed to following the law regarding the prosecution of marijuana cases. Additionally, Wexford County is choosing not to dismiss pending cases of any sort. While pending cases are more likely to be dismissed at this time several counties are considering what to do regarding applying the new marijuana statute retroactively to cases that have already been prosecuted.

If you have a pending marijuana charge and want to better understand how the legalization of recreational marijuana will affect your current situation, you need a lawyer that understands Michigan marijuana law. Call the Michigan Cannabis Lawyers at (517) 512-8364.

Michigan Medical Marihuana Criminal Law: Section 8 Affirmative Defense

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 the defendant but the trial court did not allow him to present his affirmative defense at trial. The trial court determined that the defendant did not satisfy his burden of presenting prima facie evidence for each element of §8 of the Michigan Medical Marihuana Act (MMMA). The element at issue was the existence of a bona fide physician-patient relationship.

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Medical Marijuana and Alimony / Spousal Support

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 parties’ marriage, defendant’s primary occupation was operating his drywall business. After battling lung cancer in 2014, defendant was unable to work full time doing drywall and by the summer of that year his primary focus was on his marijuana grow operation. He became a registered caregiver for five qualified patients. Plaintiff suspected he was selling to others outside of his five patients. Plaintiff subsequently filed for divorce June 2016.

The trial court considered the grow operation to be part of the marital assets because defendant began the operation during the marriage and used funds from the marriage to start the project. When determining the amount of spousal support to be awarded, the defendant’s income was considered to be a combination of his average income derived from the drywall business and from the medical marijuana grow respectively. Between 2015 and 2017 the court concluded that defendant made $15,300 per year from his drywall business and $120,000 a year from the grow operation. Defendant argued that legally he is unable to profit from the growth and sale of marijuana under the MMMA. The Court of Appeals denied this argument considering the unique circumstances of the case and the trial court’s attempt to balance the entirety of the parties’ incomes in a just and reasonable manner. Additionally, defendant admitted to receiving funds in excess of what was necessary to make up for the costs he accumulated in maintaining his grow operation and he would keep the surplus for his personal use.

The Court of Appeals ruled that the lower court was correct in considering the marijuana grow operation to be part of the marital assets due to the income it brought to the family while plaintiff and defendant were still married, and that the $1,900 per month spousal support payment does not fall within the range of unreasonableness given the calculations of defendant’s income.

Understanding how the MMMA intersects with and impacts the appropriation of assets in a divorce can be complicated. Call the Michigan Cannabis Lawyers to ensure your rights are protected.

Useable Marihuana and Michigan’s Medical Marihuana Act

In People v. Mansour, defendant’s home was searched by police and an indoor marijuana grow operation was discovered in her basement. The grow consisted of 126 plants and approximately 550 grams of marijuana buds on a drying rack. Mansour was charged with 1 count of delivery or manufacture of marijuana and 1 count of delivery or manufacture of 20 or more marijuana plants. Defendant filed a motion to dismiss the charges based on her status as a registered medical marijuana patient, which allows her to be entitled to immunity under §4 of the MMMA.
This provision states that, “a qualifying patient…shall not be subject to arrest, prosecution, or penalty….for the medical use of marijuana…provided that the qualifying patient possesses an amount of marijuana that does not exceed 2.5 ounces of usable marijuana.” MCL 333.26424(a)(emphasis added).
Under MCL 333.26423(n), “usable marijuana” includes the dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof.” Defendant argued that the 550 grams of marijuana buds were “unusable” because they were not yet dry and therefore must be excluded when considering her claim of immunity under §4 of the MMMA.
Prosecution argued that the precedent of People v. Carruthers, 301 Mich App 590, 609; 837 NW2d 16 (2013), is controlling and that the court must look at the total amount of marijuana defendant was found in possession of, not just the amount of “usable” marijuana. In Carruthers, defendant was found to be possession of marijuana infused brownies which was not considered to be usable marijuana under the MMMA. The Court concluded that if a registered patient is in possession of any marijuana that is not considered usable marijuana then he or she possesses an amount that is in excess of the permitted amount of usable marijuana. Following this decision, the Legislature expanded the MMMA definition of usable marijuana, effective December 2016.
Defendant argued that People v. Manuel, 319 Mich App 291; 901 NW2d 118(2017), should be the controlling precedent of the Court which would limit the amount of marijuana defendant was found in possession of to only the usable marijuana. In Manual, the defendant was both a qualified patient and a primary caregiver which allowed him to be in possession of up to 15 ounces. The amount he was found to be in possession of exceeded 15 ounces, but defendant argued that the marijuana was in “various stages of drying” and therefore was unusable by definition. Id at 123. The Court held that due to the marijuana being unusable defendant was entitled to §4 immunity.
In this case the Court held to interpret §4 immunity as it did in Carruthers, utilizing a two prong test that asks, “whether a possessor of marijuana possesses an allowed quantity of usable marijuana” and further inquiries “whether that person possesses any quantity of marijuana that does not constitute usable marijuana under the term-of-art- definition of the MMMA.” Carruthers, 301 Mich App at 610. Based on this approach, a registered qualifying patient in possession of any amount of marijuana that does not qualify as usable marijuana is not entitled to immunity under §4 of the MMMA. Therefore, defendant is considered to be in possession of marijuana that is not usable so she is not entitled to §4 immunity.

Michigan’s laws on marijuana are constantly changing. Make sure you are not caught off guard and ensure your interests are represented by competent and experienced attorneys who actually know a thing or two about cannabis. Call the Michigan Cannabis Lawyers today at 517-512-8364.

Michigan Marijuana Microbusiness MICANNABISLAWYER.com

Free** Michigan Marijuana Microbusiness Information

Michigan Marijuana Microbusiness

A Michigan Marijuana Microbusiness is a type of license used for a small cannabis business. This regulation is utilized where the recreational use of marihuana has been legalized.

Similar to microbreweries for the production and sale of alcohol, marihuana microbusinesses are independently owned businesses that grow, process and sell their own marihuana.

By applying for a micro license, an individual 21 years of age or older may be allowed to grow, process, and sell marihuana to others 21 or older.

Although limitations exist on production quantity and outlet ability, marihuana microbusinesses are well poised to compete in Michigan’s recreational landscape.

In the state of Michigan, a proposed initiative called the Michigan Regulation and Taxation of Marihuana Act (MRTMA) would allow an adult, 21 years of age or older, to apply for a license to operate a Michigan marijuana microbusiness.

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Michigan: Banned Edible Marijuana Products

Today, Michigan announced that certain edible marihuana products are not fit for production under the state’s new regulations.

Some of the products that Michigan has decided not to allow include:

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Deadline for Michigan Medical Marihuana Businesses

On August 9, 2018, the Bureau of Medical Marihuana Regulation held a meeting to consider 25 applications for a medical marihuana facility license.

On September 15, 2018, those businesses which are temporarily operating under Emergency Rule 19 will be forced to shut their doors unless they possess a valid operating license from the State of Michigan. At the conclusion of the meeting, 9 operating licenses were granted to various facilities.

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