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
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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.
Driving Under the Influence of Marijuana In Michigan
/in Criminal Defense and the MMMA /by MCL AdminThose who have no legal right to possess or consume marihuana face what’s commonly referred to as Michigan’s “zero tolerance” law, meaning that a prosecutor only needs to prove that at the time of driving, you had the presence of THC in your system, regardless of your driving performance.
It’s important to note, however, that the Michigan Supreme Court, in People v. Feezel, No. 138031 (June 9, 2010), determined that 11-carboxy-THC, a metabolite of THC, is not counted against you for the “zero tolerance” law. Currently, the detection threshold at the Michigan State Police Toxicology Unit is one ng/ml of THC. That’s one billionth of a gram of active THC per milliliter of blood.
Interestingly, if you have a medical marihuana card, it must be shown that you were driving under the influence of marijuana to be convicted of operating while intoxicated or “drugged driving.”
Section 7 of the MMMA outlines the specific limitations in which a patient or caregiver will fall outside the framework and not be afforded legal protection under the MMMA. MCL 333.26427(4) states that the Medical Marihuana Act does not permit any person to, “operate, navigate, or be in actual physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana.” While some states have developed internal limits of THC for patients while driving, Michigan has yet to impose a nanogram limit for internal possession of marihuana while driving for medical marihuana patients. So, the only way a patient can be convicted of driving under the influence of marihuana is to show that one’s driving ability was substantially lessened because of the presence of THC in their system.
If you happen to find yourself having to deal with a criminal charge for driving under the influence of marijuana, don’t hesitate to reach out to ask some questions and talk about your case.
Convictions under the Michigan Motor Vehicle Code remain on your criminal history indefinitely, and you shouldn’t go down without a fight.
Call the Michigan Cannabis Lawyers at 517-512-8364.
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.
Cannabis Attorney Joshua Covert debates Missaukee County Sheriff Jim Bosscher On Legalization
/in CPS and Family Law, Criminal Defense and the MMMA, Marijuana Licensing /by MCL AdminOn March 23, 2018, The Cadillac News published an editorial regarding the legalization of marijuana in Michigan. The editorial featured an anti-legalization piece written by Missaukee County Sheriff Jim Bosscher and a pro-legalization piece written by Michigan Cannabis Lawyer Joshua Covert.
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.
Local Ordinances and the MMMA Michigan
/in Criminal Defense and the MMMA /by MCL AdminIf you are Michigan Marijuana caregiver you might want to know that many local municipalities are creating conflicting local ordinances and the Michigan Medical Marijuana Act (MMMA Michigan).
Charter Township of York and the MMMA Michigan
This case is a court of appeals case in which a conflict between local ordinances and medical marijuana laws were at issue. The Charter Township of York ordinance was found to have violated the protections provided by the MMMA. The township started the legal proceeding with legal action to prevent the defendants from growing their medical marijuana. A local home occupation ordinance was sited as well as the local ordinance regulating medical marijuana grows.
The Charter Township of York started the legal proceedings by seeking a declaratory judgment which would have prevented the Defendants from growing their medical marihuana because it violated the local home occupation ordinance and the local ordinance regulating medical marihuana grows.
The issues the Charter Township of York had with the marihuana grow are that it violated the home occupation ordinance because the registered caregiver (the person possessing and cultivating the marijuana plants) did not live at the address and the grow was an outdoor building and not attached to the main residence. These were both violations of the home occupation ordinance. Further, the Charter Township of York also had passed a local ordinance to regulate medical marihuana caregivers. This ordinance did not allow outdoor grows and required all necessary permits to be obtained.
The trial court did not grant the declaratory judgment and held that the local ordinance directly conflicted with the MMMA. This meant that the local ordinances as applied in this case were not applicable to local residents who were registered qualifying caregivers under the MMMA Michigan.
The Charter Township of York appeal this decision to the Michigan Court of appeals and argued that the zoning law “permitted it to regulate medical marijuana and restrict registered caregivers’ marijuana growing to indoors in areas zoned residential” Charter Township of York v. Miller, 335344, 2018 WL 472187, at *2 (Mich. App. Jan. 18, 2018).
The Michigan Court of appeals in a published decision disagreed with the Charter Townships arguments and the MMMA was ruled to have preempted the local ordinance.
The MMMA Michigan clearly states that:
“A person shall not be 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 providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient’s medical use of marihuana”
Mich. Comp. Laws Ann. § 333.26424 (West)
The result, in this case, is that only the regulations contained within the Medical marihuana act will apply to your grow. The home occupation ordinance, in this case, was void as applied to MMMA caregivers and patients and preempted by the MMMA. The regulations prohibiting outdoor grows or growing in unattached buildings were also preempted by the MMMA. The defendants were though required to abide by and obtain the required permits for the construction code and building permits.
This case is important for all caregivers because many local municipalities are creating local ordinances that conflict with the MMMA. If your local township has a local ordinance that you believe conflicts with the MMMA, call the Michigan Cannabis Lawyers at 517-512-8364.
See Also:
Michigan Cannabis Automobile Search Rules 2020
Does smoking marijuana impair your ability to drive?
Cannabis Drugged Driving: So if you eat enough turkey, that would be classified as a drug…
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.