Legal help for cannabis criminal cases
If you are in legal trouble and it involves cannabis, you can trust that the Michigan Cannabis Lawyers will be there for you. We specialize in cannabis related law cases. If you’ve been charged with a marijuana related crime please get in touch with the Michigan Cannabis Lawyers. 517-512-8364
517-512-8364
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MRTMA
Michigan Regulation and Taxation of Marijuana Act
Your Rights Under the MRTMA
WHAT CAN YOU DO?
Some Prosecutions are Still Possible
Possible Charges
IF YOU DON’ T FOLLOW THE MRTMA
On November 6th 2018 Michigan became the 10th state to legalize recreational adult use of marijuana. The Michigan Regulation and Taxation of Marihuana Act (MRTMA), will becomes law 10 days after the election results are certified. Once it become law it will be lawful for adults over 21 to lawfully do the following:
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Possess, purchase or transport 2.5 ounces or less of marijuana provided that not more that 15 grams of the marijuana is marijuana concentrate
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Within a persons residence possess and store up to 10 ounces of marijuana of marijuana that was a gift or purchased as long as it is properly locked up
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Give up to 2.5 ounces of marijuana away to any adult over 21 provided that no more than 15 grams of the marijuana is marijuana concentrate
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Grow up to 12 plants per household provided that the plants are not able to be seen by the public
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Possess and store any amount of marijuana grown from the 12 plants provided that the marijuana is locked up properly.
It is still possible that those who act outside of the MRTMA could be prosecuted for crimes involving cannabis. The Michigan Cannabis Lawyers have experience representing those accused of crimes involving cannabis/marijuana including but not limited to:
- Possession With Intent To Distribute MCL 333.7401(2)(d)
- Manufacturing Marijuana MCL 333. 7401(2)(d)
- Delivery Of Marijuana MCL 333.7401(2)(d)
- Maintaining a Drug House or Vehicle MCL 333.7405
- Operating A Motor Vehicle With the Presence MCL 257.625(8)
- Operating A Motor Vehicle Under The Influence MCL 257.625
It is important to retain an attorney who understands the new law and can apply it to your case. There are going to be courts and prosecutors who fail to understand the nuanced protections contained within the Michigan Regulation and Taxation of Marijuana Act. Call the Michigan Cannabis Lawyers to discuss your case.
The Michigan Cannabis Lawyers often use the Michigan Medical Marihuana Act as a defense to help those accused of marijuana or cannabis crimes. The Michigan Medical Marihuana Act provides an immunity defense in MCL 333.26424 and an affirmative defense in MCL 333.26428.
Michigan State Police raid Ogemaw County MI residences
/0 Comments/in Cannabis Reform, Criminal Defense and the MMMA /by MCL AdminThe Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.
PROBATION AND THE USE OF MEDICAL MARIJUANA
/0 Comments/in Criminal Defense and the MMMA /by MCL AdminSince 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
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.
Michigan Now Allows for Automatic Expungement of Certain Marijuana Convictions
/0 Comments/in Criminal Defense and the MMMA /by MCL AdminStarting 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.
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.