After Michigan decided to legalize recreational marijuana on November 6, 2018, 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.
https://www.micannabislawyer.com/wp-content/uploads/2020/03/EN7C-n2WAAUO1rT.jpg6001000MCL Adminhttps://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.pngMCL Admin2018-11-27 13:54:492020-04-29 15:44:25How Michigan Prosecutors are Dealing with the Legalization of Marijuana
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.
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.
https://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.png00MCL Adminhttps://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.pngMCL Admin2018-11-05 13:07:182020-01-19 15:25:07Medical Marijuana and Alimony / Spousal Support
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.
https://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.png00MCL Adminhttps://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.pngMCL Admin2018-09-25 14:07:172020-01-19 15:25:07Useable Marihuana and Michigan's Medical Marihuana Act
A Michigan Marijuana Microbusiness is a commercial cultivation license in Michigan. This 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.
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.
https://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.png00MCL Adminhttps://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.pngMCL Admin2018-08-17 09:51:202020-01-30 10:14:27Deadline for Michigan Medical Marihuana Businesses
August 10, 2018 – LARA released today an advisory bulletin on the topic of THCa “diamonds” – or isolate crystals – and their concerns with the safety of the creation process for these products. According to the BMMR, its observations of the creation process of THCa diamonds in Michigan raised safety concerns surrounding the cycle of pressurizing and venting containers to remove unwanted solvent gases during the THCa formation process.
The Michigan Court of Appeals released a published opinion that defies logic and removes the availability of an immunity defense under section 4 of the MMMA (MCL 333.n26424) when caregivers possess unusable marihuana.
What is unusable marijuana you ask?
That would be any marijuana that doesn’t meet the definition of either marihuana plant or usable marihuana. A marihuana plant is defined inMCL 333. 26423(g) andMCL 333.2642(j) as any cannabis plant that is living and either has viable roots or is in a growing medium. Usable marijuana is defined in MCL 333.26424(n) as “the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant”. Based on these two definitions, unusable marihuana is essentially a flower and leaf that is not dry.
This means that if patients or caregivers cultivate marihuana they will not be immune from arrest or prosecution under section 4 of the MMMA. If law enforcement finds you in possession of undried and therefore unusable marihuana you can be arrested and prosecuted and will have to rely on the affirmative defense contained in section 8 of the MMMA (MCL 333.26428) in order to avoid a conviction. A section 8 affirmative defense places the burden on the defendant to prove a valid defense.
If charged with a crime it will be your burden to prove to the court that you and your patients had bonafide patient-physician relationships, that the marihuana possessed was a reasonable amount to prevent an uninterrupted supply, and that the marihuana was for medical use. Since proving a defense in court can be difficult, it is important to hire an attorney who has experience presenting defenses under section 8 of the MMMA.
Call the Michigan Cannabis Lawyers at 517-512-8364 to talk about how this case will affect you and your marijuana grow.
https://www.micannabislawyer.com/wp-content/uploads/2020/03/marijuana-3065611_1920.jpg12801920MCL Adminhttps://www.micannabislawyer.com/wp-content/uploads/2018/03/small-e1726856507287.pngMCL Admin2018-07-24 09:38:582020-03-12 11:43:58What is unusable marijuana? Section 4 and the MMMA
Cannabidiol (CBD) is one of the cannabinoids found in marijuana. Over the last few years, CBD has dramatically increased in popularity to treat a wide variety of ailments. CBD has been attributed to helping those that suffer from chronic pain, epilepsy, and several other disorders and diseases. CBD is often used in place of the more well-known THC (delta-9-tetrahydrocannabinol) because CBD doesn’t possess the psychoactive effects commonly associated with THC. Because CBD doesn’t have the psychoactive effects of THC and because it is often associated with hemp, CBD products have recently become readily available at health food stores, gas stations, pet stores, grocers and reputable online shops such as Amazon.