Need free cannabis criminal defense and the MMMA information? The Michigan Cannabis Lawyers Blog has news, updates, and analysis on criminal defense in Michigan and how it pertains to the Michigan Medical Marihuana Act.
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
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.
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, […]
Update 2020 on the 2008 Michigan Medical Marijuana Act
Hey, everybody, this is Josh Covert with the Michigan Cannabis Lawyers.
Federal Cannabis Automobile Search Rules
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 automobile search in a state that has legalized adult use of marijuana. What does this mean for Michigan Cannabis Automobile search rules?
More states across the Country are leaning toward this type of approach in determining the reasonableness of similar searches.
The Michigan Impaired Driving Safety Commission was created and given the task of conducting research in order to recommend a scientifically supported threshold of △9-THC. This threshold, much like the .08 blood alcohol level threshold, would indicate to Michigan police whether or not a cannabis user is considered impaired while driving.
Joshua Covert on Cannabis Drugged Driving
If you facing cannabis drugged driving charges call the office now: (517) 512-8364.
Michigan Prosecutors and Marijuana
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.
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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