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.
Joshua Covert of The Michigan Cannabis Lawyers is Interviewed in the Lansing City Pulse
/in CPS and Family Law, Criminal Defense and the MMMA, Marijuana Licensing /by MCL AdminMarijuana attorney Joshua Covert was recently interviewed by the Lansing City Pulse in the annual 4/20 edition.
The article discusses his work as a Cannabis Lawyer and how he fights the drug war.
“I started thinking about my mom going to jail for using cannabis and that’s kind of like what spurred the thought about going to law school,” he said. “I decided to actually do that, to help keep people like my mom out of jail.”
–Joshua Covert, Michigan Cannabis Lawyers
Read the article Four people in the pot trade from the Lansing City Pulse.
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.
Attorney Joshua Covert Speaks at UNRIG THE SYSTEM Event in Lansing
/in CPS and Family Law, Criminal Defense and the MMMA, Marijuana Licensing /by MCL AdminOn Sunday, April 15th attorney Joshua Covert spoke at an event in Lansing geared to sharing information about local activism and grassroots efforts to empower citizens to play a larger role in the political process.
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.
MMMA Patients and “Obviously High” Marijuana Driving in Michigan
/in Criminal Defense and the MMMA /by MCL AdminMarijuana Driving in Michigan
In an unpublished case, the Michigan Court of Appeals (People v Donaghy, No. 322677, 2015) interpreted the protections of section 4 of the Michigan Medical Marihuana Act (MMMA) in regards to the limitations of section 7(b)(4). The case involved an individual who was charged with what is commonly known as drugged marijuana driving, a violation of the motor vehicle code MCL 257.625 et. seq.
The facts show that the defendant had tetrahydrocannabinol (THC), the active substance in marijuana as well as alprazolam (Xanax), methadone, and zolpidem (Ambien) in his system. The defendant at trial requested a jury instruction regarding his medical marihuana use and registry card as a defense to the operating while visibly impaired charge one of the two counts he was facing. The trial court denied the jury instruction request and the defendant appealed the conviction on many grounds.
The Michigan Court of Appeals decided the case and said: “The MMMA’s protections are lost under § 7(b)(4) only when a person operates a vehicle “under the influence” of marijuana. This definition of “under the influence” is determined to be consistent with the phrase’s meaning as a term of art, operating a vehicle while visibility impaired under MCL 257.265(3) as a result of marijuana use, like operating a vehicle while any amount of marijuana is present in a person’s body under MCL 257.265(8), is too low of a threshold to deprive a person with protections under the MMMA that the person would otherwise be entitled to.” Unfortunately for the defendant, the ruling was not enough as the court upheld his conviction because the protections from a visibly impaired charge that the MMMA provides would not be relevant when the defendant also had the other controlled substances in his system.
What does this mean for a medical marihuana patient who is arrested for operating while visibly impaired? The answer is DISMISSAL.
If you are charged with any crime involving marijuana OR marijuana driving, call attorneys who present a defense and stay current on all the appeal cases.
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.